Sea Sun & Sports Inc, 305Watersports Inc DBA Miami Watersports hereinafter collectively referred to as “MWS ” 

PERPETUAL WAIVER AND RELEASE 

(VALID FOR EACH AND EVERY DATE OF PARTICIPATION) 

In consideration of the services of Sea Sun & Sports Inc, and 305 Watersports Inc DBA Miami Watersports, their agents, owners, officers, volunteers, employees, and all other persons or entities acting in any capacity on their behalf (hereinafter collectively referred to as “MWS”), I hereby agree to release, indemnify, and discharge MWS, 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 boating, sailing, windsurf; hobie cat, kayak, paddleboard, and other watersport activities entails known and unanticipated 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 eliminated without jeopardizing the essential qualities of the activity.  

The risks include, among other things: variances and extremes of wind; falls from significant heights resulting in injury; wind shear  and inclement weather including lightning, changing water flow, tides, shallow water, currents, wave action and ships’ wakes; slips and  falls; accidental drowning; boat or watercraft may capsize and cause entrapment; collision with objects or other watercraft; watercraft is slippery when wet and accidents can occur getting in or out; exposure to the elements of the outdoors and natural surroundings which could  cause cold water shock, hypothermia, hyperthermia (heat related illnesses), heat exhaustion, sunburn, or dehydration; exposure to potentially  dangerous wild animals, insect bites, and hazardous plant life; aggressive and/or poisonous marine life; passengers can be jolted, jarred,  bounced, thrown about and otherwise shaken during rides; passengers can be thrown off the machine resulting in strains, sprains, broken  bones and musculoskeletal injuries including head, neck, and back injuries; cuts, abrasions, and bruises; the negligence of participants, or  other persons who may be present; equipment failure or operator error; accidents involving other vehicles, vessels or watercrafts; transmissible pathogen or disease; accidents or illness can occur in remote places without medical facilities; my own physical condition,  and the physical exertion associated with this activity.  

Furthermore, MWS personnel have difficult jobs to perform they seek safety, but they are not infallible. They might be unaware of a participant’s 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.  

2. I expressly agree and promise to accept and assume all of the risks 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 wetsuit bottom or clothing that provides equivalent protection while participating in this activity.  

3. I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless MWS from any and all claims, demands, or causes of action, which are in any way connected with my participation in this activity or my use of MWS’s equipment or facilities, including any such claims which allege negligent acts or omissions of MWS.  

4. Should MWS or anyone acting on their behalf, be required to incur attorney’s fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs.  

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 costs 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.  

6. In the event that I file a lawsuit against MWS, 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.  

By signing this document, I acknowledge that if anyone is hurt or property is damaged during my participation in this activity, may be found by a court of law to have waived my right to maintain a lawsuit against MWS 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 MWS. I have had sufficient opportunity to read this entire document. I have read and understood it, and I agree to be bound by its terms.  

We want you to have a great experience with us. However, for your protection and ours, you must read and agree to the provisions below before you are authorized to use our facilities and/or services. The different activities that are offered entail certain risks that simply cannot be eliminated without jeopardizing the essential qualities of the activity. If you are unable or unwilling to sign this Waiver and Release, you are welcome to enjoy yourself by watching others, but we cannot allow you to personally participate in any of our activities or actively use our facilities and/or services.  

NOTICE TO THE MINOR CHILD’S NATURAL GUARDIAN 

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 MWS USES 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 MWS 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 MWS, HAS THE RIGHT TO REFUSE TO LET YOUR CHILD PARTICIPATE IF YOU DO NOT SIGN THIS FORM.  

I have read this Waiver and Release and agree as follows:

I recognize and agree that: all risks can never be eliminated, and participating in the activities at MWS, involves inherent danger and potential risk of both minor and serious, temporary and permanent, bodily injury of any and all kinds, both caused by me and/or by others. In signing this release, I assume all risk for, and financial cost of, any and all injuries, and/or any damage, to my child/children. 

On behalf of my minor child/children I fully, and forever waive, release and discharge MWS, and its individual members, managers, directors, officers, agents, employees, volunteers, representatives, affiliated entities, and all other persons, firms, corporations, associations or  partnerships claiming by or through them, from any and all claims, actions, causes of action, demands,  judgments, damages (including compensatory, general, special, consequential, and exemplary), liability  or obligations of any nature or kind, whether known at the time or which may arise or become known  later, which accrue on account of, or in any way arise out of or in connection with me or my child’s  activities with or at MWS, including claims involving their own negligence.

I agree to indemnify and hold harmless MWS, and its individual managers, directors,  officers, agents, employees, volunteers, representatives, affiliated entities, and all other persons,  corporations, or partnerships claiming by or through them, from and against any and all losses, liabilities,  claims, obligations, costs, damages, and/or judgments directly or indirectly arising out of, or relating to,  my child’s/children’s participation in any activities at MWS, including for claims  alleging MWS’ own negligence.  

I understand that this agreement extends forever into the future and will have full force and legal effect each and every time my child/children visit MWS, whether at the current location or any other location or facility.  

I have read the MWS Waiver and Release from any Claim of Responsibility or Damage and agree to all conditions.  

Participants Violating Guidelines

Over Time Charge