Waiver
In consideration of the services of Anchors Up Adventures, their agents, owners, officers, volunteers, employees and all other persons or entitities acting in any capacity on their behalf (hereinafter refered to as "AUA"), U hereby agree to release, indemnify and discharge AUA, on behalf of myself, my spouse, my children, my parents, my heirs, assigns, personal representative and estate as follows:
1. I acknowledge that my participation in Jetski activities entails known and unknown risks that could result in physical or emotional injury, paralysis, death or damage to myself, to property, or to third parties. I understand that such risks simply cannot be avoided without jeopardizing the essential qualities of the activity.
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The risks include, among other things: slips and falls; riders and passengers can be jolted, jarred, bounced, thrown about and otherwise shaken during rides; collision with fixed or movable objects, vehicles or other water-crafts; boat capsize and entrapment; accidental drowning; water-crafts are slippery when wet and accidents can occur getting on or off; the forces of nature including extremes of weather, lightening and rapid weather changes, exposure to sun strong wind, cold, large weave, eddies and whirlpools, tidal conditions, surf and currents/rip currents; exposure to temperature and weather extremes which could cause cold water shock, hypothermia, hyperthermia (heat sickness), heat exhaustion, heat stroke, sunburn, dehydration; exposure to potentially dangerous wild wild animals, insect bites, and hazardous plant life; aggressive and/or poisonous marine life; major injuries are a risk as are sprains, strains, scratches, bruises, abrasions, cuts, lacerations broken bones, fractures, musculoskeletal injuries including head, neck and back injuries; injuries to internal organs; loss of fingers or other appendages; equipment failure and/or operator error; the negligence of other participants/riders or other persons who may be present; improper lifting or carrying; personal physical condition and the physical exertion associated with this activity; transmissible pathogen or disease; traveling to and from activity locations raises the possibility of any manner of transposition accidents; accidents or illness can occur in remote places without medical facilities and emergency treatment or other services rendered.
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Furthermore, AUA personnel have difficult jobs to perform. They seek safety but they are no infallible. They might be unaware of a participants fitness or abilities. They might misjudge the weather or other environmental conditions. They may give incomplete warnings or instructions and the equipment being used might malfunction.
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2. I expressly agree and promise to accept and assume all the risk existing in this activity. My participation in this activity is purely voluntary and I elect to participate in spite of the risks. Additionally, I agree to wear a U.S. Coast Guard approved personal flotation device) life jacket and wet-suit bottom (or clothing that provides equivalent protection) while participating in this activity.
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3. I hereby voluntarily release, forever discharge and agree to indemnify and hold harmless AUA from any and all claims, demands or causes of action, which are in anyway connected with my participation in this activity or my use of AUA's equipment or facilities, including any such claims which allege negligent acts of omissions of AUA.
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4. Should AUA or anyone action on their behalf, be required to incur lawyers fees and costs to enforce this agreement, I agree to indemnify ad hold them harmless for all such fees and cost.
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5. I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating or else I agree to bear the cost of such injury or damage myself. I further certify that I am willing to assume the risk of any medical or physical condition I may have.
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6. In the event that I file a lawsuit against AUA, I agree to do so solely in the state of Florida and I further agree that the substantive law of that state shall apply in that action without regard to the conflict of law rules of that state. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining document shall remain in full force and effect.
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By signing this document, I acknowledge that if anyone is hurt or property is damaged during my participation in this activity, i may be found by a court of law to have waived my right to maintain a lawsuit against AUA on the basis of any claim from which I have released them herein. I also agree that this document is valid for subsequent visits and participation at AUA. I have had sufficient opportunity to read this entire document. I agree that I have read and understood it and I agree to be bound by its terms.
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I, for myself, and/or on behalf of my child or legal ward, have been fully warned and advised by Anchors Up Adventures that we should wear properly fitted wet-suit bottoms or clothing that provides equivalent protection, while riding or being around WaveRunners and Jetskis in order to protect against injuries caused by water forced into body cavities as a result of falling into the water or being near the jet thrust nozzle. Injuries include water forced into the rectum or vagina causing severe internal injuries or death. I understand that by not wearing wet-suit bottoms or equivalent clothing, I will be going against manufacturers' requirements and putting myself at risk for injuries. I realize that I may be subject to injury from this activity and that no form of pre-planning can remove all danger against the advice of Anchors Up Adventures, we are declining this critical safety precaution.
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I/we, the undersigned have read the foregoing statement carefully before signing and do understand its warnings and assumption of risks.
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