WAIVER AND RELEASE OF LIABILITY

 

IN CONSIDERATION OF the risk of injury that exists while participating in

BOATING,TUBING,WARTER SKIING,WAKE BOARDING,KNEE BOARDING, (hereinafter the

"Activity"); and

 

IN CONSIDERATION OF my desire to participate in said Activity and being given the right to

participate in same;

 

I HEREBY, for myself, my heirs, executors, administrators, assigns, or personal representatives

(hereinafter collectively, "Releasor," "I" or "me", which terms shall also include Releasor's parents

or guardian if Releasor is under 18 years of age), knowingly and voluntarily enter into this

WAIVER AND RELEASE OF LIABILITY and hereby waive any and all rights, claims or causes of

action of any kind arising out of my participation in the Activity; and

 

I HEREBY release and forever discharge COVE CAY CHARTERS or Captain Jeremy Ritchea, located at 2519 N McMullen

Booth Rd, Clearwater, Florida 33761, their affiliates, managers, members, agents, attorneys, staff,

volunteers, heirs, representatives, predecessors, successors and assigns (collectively

"Releasees"), from any physical or psychological injury that I may suffer as a direct result of my

participation in the aforementioned Activity. Including but not limited to Cove Cay Marina located at 1300 cove Cave Dr, Clearwater, FL 33760.

I AM VOLUNTARILY PARTICIPATING IN THE AFOREMENTIONED ACTIVITY AND I AM

PARTICIPATING IN THE ACTIVITY ENTIRELY AT MY OWN RISK. I AM AWARE OF THE

RISKS ASSOCIATED WITH PARTICIPATING IN THIS ACTIVITY, WHICH MAY INCLUDE, BUT

ARE NOT LIMITED TO: PHYSICAL OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING,

ILLNESS, DISFIGUREMENT, TEMPORARY OR PERMANENT DISABILITY (INCLUDING

PARALYSIS), ECONOMIC OR EMOTIONAL LOSS, AND DEATH. I UNDERSTAND THAT

THESE INJURIES OR OUTCOMES MAY ARISE FROM MY OWN OR OTHERS' NEGLIGENCE,

CONDITIONS RELATED TO TRAVEL TO AND FROM THE ACTIVITY, OR FROM

CONDITIONS AT THE ACTIVITY LOCATION(S). NONETHELESS, I ASSUME ALL RELATED

RISKS, BOTH KNOWN AND UNKNOWN TO ME, OF MY PARTICIPATION IN THIS ACTIVITY.

I FURTHER AGREE to indemnify, defend and hold harmless the Releasees against any and all

claims, suits or actions of any kind whatsoever for liability, damages, compensation or otherwise

brought by me or anyone on my behalf, including attorney's fees and any related costs.

I FURTHER ACKNOWLEDGE that Releasees are not responsible for errors, omissions, acts or

failures to act of any party or entity conducting a specific event or activity on behalf of Releasees.

In the event that I should require medical care or treatment, I authorize Cove Cay Charters to

provide all emergency medical care deemed necessary, including but not limited to, first aid,

CPR, the use of AEDs, emergency medical transport, and sharing of medical information with

medical personnel. I further agree to assume all costs involved and agree to be financially

responsible for any costs incurred as a result of such treatment. I am aware and understand that I

should carry my own health insurance.

I FURTHER ACKNOWLEDGE that this Activity may involve a test of a person's physical and

mental limits and may carry with it the potential for death, serious injury, and property loss. I

agree not to participate in the Activity unless I am medically able and properly trained, and I

agree to abide by the decision of the Cove Cay Charters official or agent, regarding my approval

to participate in the Activity.

I HEREBY ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS "WAIVER AND

RELEASE" AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY. I

EXPRESSLY AGREE TO RELEASE AND DISCHARGE Cove Cay ChartersAND ALL OF ITS

AFFILIATES, MANAGERS, MEMBERS, AGENTS, ATTORNEYS, STAFF, VOLUNTEERS,

HEIRS, REPRESENTATIVES, PREDECESSORS, SUCCESSORS AND ASSIGNS, FROM ANY

AND ALL CLAIMS OR CAUSES OF ACTION AND I AGREE TO VOLUNTARILY GIVE UP OR

WAIVE ANY RIGHT THAT I OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST

Cove Cay Charters FOR PERSONAL INJURY OR PROPERTY DAMAGE.

To the extent that statute or case law does not prohibit releases for ordinary negligence, this

release is also for such negligence on the part of Cove Cay Charters, its agents, and employees.

I agree that this Release shall be governed for all purposes by Florida law, without regard to any

conflict of law principles. This Release supersedes any and all previous oral or written promises

or other agreements.

In the event that any damage to equipment or facilities occurs as a result of my or my family's or

my agent's willful actions, neglect or recklessness, I acknowledge and agree to be held liable for

any and all costs associated with any such actions of neglect or recklessness.

THIS WAIVER AND RELEASE OF LIABILITY SHALL REMAIN IN EFFECT FOR THE

DURATION OF MY PARTICIPATION IN THE ACTIVITY, DURING THIS INITIAL AND ALL

SUBSEQUENT EVENTS OF PARTICIPATION.

THIS AGREEMENT was entered into at arm's-length, without duress or coercion, and is to be

interpreted as an agreement between two parties of equal bargaining strength. Both Participant,

_________________________ and Cove Cay Charters agree that this agreement is clear and

unambiguous as to its terms, and that no other evidence shall be used or admitted to alter or

explain the terms of this agreement, but that it will be interpreted based on the language in

accordance with the purposes for which it is entered into.

In the event that any provision contained within this Release of Liability shall be deemed to be

severable or invalid, or if any term, condition, phrase or portion of this agreement shall be

determined to be unlawful or otherwise unenforceable, the remainder of this agreement shall

remain in full force and effect. If a court should find that any provision of this agreement to be

invalid or unenforceable, but that by limiting said provision it would become valid and enforceable,

then said provision shall be deemed to be written, construed and enforced as so limited.

In the event of an emergency, please contact the following person(s) in the order presented:

Emergency Contact

Contact Relationship Contact Telephone

I, THE UNDERSIGNED PARTICIPANT, AFFIRM THAT I AM OF THE AGE OF 18 YEARS OR

OLDER, AND THAT I AM FREELY SIGNING THIS AGREEMENT. I CERTIFY THAT I HAVE

READ THIS AGREEMENT, THAT I FULLY UNDERSTAND ITS CONTENT AND THAT THIS

RELEASE CANNOT BE MODIFIED ORALLY. I AM AWARE THAT THIS IS A RELEASE OF

LIABILITY AND A CONTRACT AND THAT I AM SIGNING IT OF MY OWN FREE WILL.

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Photograph and Publicity Release Policy

 

 

I give the Cove Cay Charters and its Captains including but not limited to Capt. Jeremy Ritchea, permission to use my name, likeness, image, voice, and/or appearance as such may be embodied in any pictures, photos, video recordings, audiotapes, digital images, and the like, taken or made on behalf of the Cove Cay Charters activities. I agree that the Cove Cay Charters and its Captains have complete ownership of such pictures, etc., including the entire copyright, and may use them for any purpose consistent with Cove Cay Charters activates. These uses include, but are not limited to illustrations, bulletins, exhibitions, videotapes, reprints, reproductions, publications, advertisements, and any promotional or educational materials in any medium now known or later developed, including the Internet. I acknowledge that I will not receive any compensation, etc for the use of such pictures, etc., and hereby release Cove Cay Charters and its agents, Captains and assigns from any and all claims which arise out of or are in any way connected with such use.