Florida Jet Ski Waiver & Release

FLORIDA PERSONAL WATERCRAFT / JET SKI WAIVER, RELEASE, ASSUMPTION OF RISK, COVENANT NOT TO SUE, AND INDEMNITY AGREEMENT This Personal Watercraft / Jet Ski Waiver, Release, Assumption of Risk, Covenant Not to Sue, and Indemnity Agreement is signed in favor of the following released parties: Warren Barthes, Davy Barthes, the Barthes family, their children, family members, household members, guests, invitees, agents, representatives, heirs, insurers, the owner or owners of the personal watercraft, the operator or operators, passengers, and any person or entity connected with the ownership, storage, transport, launch, use, supervision, maintenance, or operation of the personal watercraft. All such persons and entities are collectively referred to as the "Released Parties." The activity covered by this Agreement includes driving, operating, riding on, being a passenger on, boarding, exiting, launching, docking, assisting with, being near, or otherwise participating in any activity involving any personal watercraft, Jet Ski, WaveRunner, Sea-Doo, vessel, boat, dock, marina, waterway, trailer, equipment, or related activity. These activities are collectively referred to as the "Activity." 1. Assumption of Risk I understand that the Activity is dangerous and involves serious risks, including but not limited to collision, falling off, being ejected, drowning, near drowning, impact with water, impact with another person, injury from waves, wakes, tides, currents, weather, visibility, marine life, mechanical failure, equipment failure, lack of experience, poor judgment, operator error, reckless conduct, illegal conduct, serious bodily injury, permanent disability, paralysis, emotional distress, property damage, and death. I knowingly and voluntarily accept all risks connected with the Activity, whether known or unknown, foreseeable or unforeseeable, including risks caused in whole or in part by the ordinary negligence of any Released Party, to the maximum extent allowed by Florida law. 2. Release of Claims and Covenant Not to Sue In exchange for being allowed to participate in the Activity, I, for myself and for my heirs, estate, family members, representatives, successors, and assigns, fully release and forever discharge the Released Parties from any and all claims, demands, causes of action, damages, losses, expenses, attorney's fees, medical expenses, injury claims, wrongful death claims, property damage claims, and any other liability of any kind arising out of or related to the Activity. This release includes, to the maximum extent permitted by Florida law, claims based on ordinary negligence, negligent supervision, negligent instruction, negligent entrustment, negligent operation, negligent maintenance, failure to warn, failure to inspect, failure to provide safety equipment, ownership of the personal watercraft, operation of the personal watercraft, passenger conduct, driver conduct, weather, water conditions, equipment failure, and any other act or omission connected to the Activity. I understand and agree that this Agreement is intended to provide the Released Parties with the broadest protection allowed under Florida law, including protection against claims that may be alleged or characterized as involving gross negligence, reckless conduct, intentional misconduct, illegal operation, or insurance exclusions, but only to the extent such claims may legally be released, waived, indemnified, barred, or limited under Florida law. Nothing in this Agreement is intended to release claims that Florida law does not allow to be released, including claims that a court determines cannot legally be waived as a matter of public policy. I agree not to sue any Released Party for any injury, death, loss, or damage arising out of or related to the Activity, to the maximum extent allowed by Florida law. 3. Indemnity / Agreement to Pay Defense Costs I agree to defend, indemnify, and hold harmless the Released Parties from any claim, lawsuit, demand, loss, damage, cost, attorney's fee, or expense arising out of or related to my participation in the Activity, my operation or use of the personal watercraft, my conduct, negligence, recklessness, intentional misconduct, violation of law, injury or damage I cause to another person or property, or any claim brought by me, my family, my estate, my insurer, or anyone claiming through me. If I am signing as parent or legal guardian of a minor, I also agree to defend, indemnify, and hold harmless the Released Parties from any claim brought by or on behalf of the minor, the minor's estate, the minor's other parent or guardian, or anyone claiming through the minor, to the maximum extent allowed by Florida law. 4. Insurance / No Reliance on Insurance Coverage I understand that the Released Parties may or may not have insurance coverage for the Activity. I further understand that any available insurance may contain exclusions, limitations, deductibles, coverage defenses, or restrictions, including exclusions related to personal watercraft use, underage operation, unlicensed operation, reckless conduct, illegal operation, alcohol or drug use, passenger injuries, household-member claims, guest claims, or other circumstances. I agree that I am not relying on the existence of any insurance coverage in deciding to participate in the Activity. I accept the risk that no insurance may be available to cover any injury, death, loss, damage, claim, lawsuit, medical expense, attorney's fee, or other cost arising out of or related to the Activity. To the maximum extent allowed by Florida law, I agree that any insurance exclusion, denial of coverage, limitation of coverage, or lack of coverage shall not create liability against the Released Parties. 5. Safety Rules and Legal Compliance I agree that I will not participate in the Activity unless all of the following rules are followed: - Every rider and passenger must wear a properly fitted, U.S. Coast Guard-approved, non-inflatable personal flotation device. - The operator must attach and use the engine cutoff lanyard, if the personal watercraft is equipped with one. - No person under 14 years old may operate the personal watercraft. - The operator must have any boating safety card, certificate, photo ID, or other documentation required by Florida law. - No person may operate the personal watercraft while under the influence of alcohol, marijuana, drugs, medication, or anything that impairs judgment, reaction time, or coordination. - The personal watercraft may not be operated recklessly, carelessly, at unsafe speed, too close to other vessels, too close to swimmers, too close to docks, in no-wake zones, or in prohibited areas. - The personal watercraft may not be operated from one-half hour after sunset to one-half hour before sunrise. - All participants must obey all posted signs, marina rules, navigation rules, and instructions from law enforcement or safety personnel. I understand that violation of these rules may increase the risk of serious injury or death and may reduce or void the protection of this Agreement. 6. Medical Treatment If I am injured, I authorize emergency medical care if needed. I understand that the Released Parties are not responsible for medical expenses, ambulance fees, hospital bills, rehabilitation, lost income, pain and suffering, or any other cost arising from my participation in the Activity. If I am signing for a minor, I authorize emergency medical treatment for the minor if needed and agree that I am responsible for all related costs. 7. Fitness to Participate I confirm that I am physically and mentally able to participate in the Activity. I am not aware of any medical condition, injury, disability, medication, impairment, or limitation that would make participation unsafe. I agree that I will not participate if I feel unsafe, impaired, sick, injured, or unable to follow instructions. 8. Personal Property I accept full responsibility for any personal property I bring, including phones, watches, jewelry, sunglasses, clothing, wallets, bags, and other items. The Released Parties are not responsible for lost, stolen, damaged, submerged, or destroyed personal property. 9. Florida Law / Venue This Agreement shall be governed by Florida law. Any dispute arising out of or related to this Agreement or the Activity shall be brought in the state or federal courts located in Miami-Dade County, Florida, unless another venue is legally required. 10. Severability If any part of this Agreement is found invalid or unenforceable, the remaining parts shall remain enforceable to the fullest extent allowed by law. 11. Acknowledgment I have read this Agreement carefully. I understand that I am giving up important legal rights, including the right to sue. I understand that personal watercraft use is dangerous and can result in serious injury or death. I sign this Agreement freely and voluntarily. NOTICE TO PARENT / LEGAL GUARDIAN OF MINOR READ THIS FORM COMPLETELY AND CAREFULLY. YOU ARE AGREEING TO LET YOUR MINOR CHILD ENGAGE IN A POTENTIALLY DANGEROUS ACTIVITY. YOU ARE AGREEING THAT, EVEN IF THE RELEASED PARTIES USE REASONABLE CARE IN PROVIDING THIS ACTIVITY, THERE IS A CHANCE YOUR CHILD MAY BE SERIOUSLY INJURED OR KILLED BY PARTICIPATING IN THIS ACTIVITY BECAUSE THERE ARE CERTAIN DANGERS INHERENT IN THE ACTIVITY WHICH CANNOT BE AVOIDED OR ELIMINATED. BY SIGNING THIS FORM YOU ARE GIVING UP YOUR CHILD'S RIGHT AND YOUR RIGHT TO RECOVER FROM THE RELEASED PARTIES IN A LAWSUIT FOR ANY PERSONAL INJURY, INCLUDING DEATH, TO YOUR CHILD OR ANY PROPERTY DAMAGE THAT RESULTS FROM THE RISKS THAT ARE A NATURAL PART OF THE ACTIVITY. YOU HAVE THE RIGHT TO REFUSE TO SIGN THIS FORM, AND THE RELEASED PARTIES HAVE THE RIGHT TO REFUSE TO LET YOUR CHILD PARTICIPATE IF YOU DO NOT SIGN THIS FORM.