PARTICIPANT AGREEMENT, RELEASE AND ASSUMPTION OF RISK

In consideration of the services of Coconut Grove Kayaks Inc, Miami Catamarans Inc, Sea Sun Sports Inc, and 305 Watersports Inc DBA Miami Watersports, Miami Parasail, and Miami Jet Ski, 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, jet ski, jet boat, personal watercraft, kayak, paddleboard, flyboard, tubing, parasailing, windsurf, hobie cat, 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.

PROTECTIVE WETSUIT REFUSAL AGREEMENT

I, for myself and/or on behalf of my child or legal ward, have been fully warned and advised by Coconut Grove Kayaks Inc, Miami Catamarans Inc, Sea Sun Sports Inc, and 305 Watersports Inc DBA Miami Watersports, Miami Parasail, and Miami Jet Ski (hereinafter collectively referred to as “MWS”), that we should purchase and/or wear a properly fitted wetsuit bottoms or clothing that provides equivalent protection while riding or being around WaveRunners and Jet Skis 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 wetsuit bottoms or equivalent clothing, I will be going against manufacturers’ requirements and putting myself at risk for injuries. I realize that I am subject to injury from this activity and that no form of preplanning can remove all of the danger to which we are exposing ourselves. Against the advice of MWS, the guide/instructor, numerous court cases and MWS’ insurance company, we are refusing this critical safety precaution.
SIGNER STATEMENT OF AWARENESS

I/we the undersigned have read the foregoing statement carefully before signing and do understand its warnings and assumption of risks.

Coconut Grove Kayaks Inc, Miami Catamarans Inc, Sea Sun Sports Inc, 305Watersports Inc DBA Miami Watersports; Miami Parasail; Miami Jet ski
hereinafter collectively referred to as “MIAMI WATERSPORTS “
PERPETUAL WAIVER AND RELEASE
(VALID FOR EACH AND EVERY DATE OF PARTICIPATION)

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 MIAMI WATERSPORTS 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 MIAMI WATERSPORTS 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 MIAMI WATERSPORTS, 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 to as follows:

1. I recognize and agree that: all risks can never be eliminated, and participating in the activities at MIAIM WATERSPORTS, 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.

2. On behalf of my minor child/children I fully, and forever waive, release and discharge MIAMI WATERSPORTS, 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 MIAMI WATERSPORTS, including claims involving their own negligence.

3. I agree to indemnify and hold harmless MIAMI WATERSPORTS, 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 MIAMI WATERSPORTS, including for claims alleging MIAMI WATERSPORTS’ own negligence.

4. 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 MIAMI WATERSPORTS, whether at the current location or any other location or facility.

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

NAMES AND BIRTHDATES OF ALL CHILDREN UNDER 18 to be included with your signature

Cancellation/ No refund Policy

[I AGREE] All bookings are final and non-refundable at the time of transaction. There may be delays in your scheduled departure depending if more time was needed to go over the safety protocol with the prior departures or due to weather conditions. If weather conditions change and do not permit the activity to operate, you will be provided with a non-expiring voucher which can be used to reschedule it for another day/time that is available. Vouchers are not transferrable. Miami Watersports has a strict NO REFUND POLICY, please be aware that you will not be receiving a refund regardless if the activity has to get cancelled due to weather; equipment failure or if you simply change your mind about doing it.

Storage of Personal Items

[I AGREE] Even though storage space may be available during some of the activities and our management will try their best to have it be locked; please be aware that Miami Watersports is not responsible for any lost; stolen or damaged personal items left at our facility, including inside of the storage boxes offered by us. We try to help out participants by offering a space to keep their items during their activities, but we highly recommend participants to not bring any valuables at our facility to prevent any issues.

Weight Limit

[I AGREE] The maximum weight limit for all activities is 275 lbs per participant unless otherwise specifically noted. Jet Ski maximum participant weight is 300 lbs per ski. Parasail maximum participant weight is 450 lbs per flight.

Jet Ski Damage Deposit

[I AGREE] If Jet Ski is returned with new damage, Miami Watersports has the right to hold on to the initial deposit paid upon check-in for repairs. If the jet ski is brought back in an unseaworthiness condition (meaning it cannot be rented out again without first being repaired for safety reasons), Miami watersports has the right to charge an additional amount up to $500 on top of the $250 initial deposit already paid (total $750). If jet ski is flipped over due to user error; initial $250 deposit will be kept and the ride may be terminated with no refund given. Driver is responsible for damage found on their ski, unless they can prove that they are not at fault. Cardholders who paid initial deposit for multiple skis will be responsible for payment of any damage done to the ski even though they may not have been the one driving. (Initial deposit $250/ ski; up to $500 additional charge per jet ski if brought back in an unseaworthiness condition).

Liability Waiver

[I AGREE] Prior to any activity, participants must complete a liability waiver and acknowledge the potential risk that exist while participating in our activities. Please be aware that the activities offered by Miami Watersports are considered “extreme sports” and may result in serious injuries due to the nature of the activities. Though not exhaustive, examples of the types of risks and potential injuries you could encounter in connection with your participation in water sports include fatigue, chill, shock and/or dizziness, loss of balance, loss of physical coordination, depression, and/or trauma/mental anguish.

Safety Instructions

[I AGREE] We require all participants to be very attentive during the instructor’s safety speech. Participants may not be on their phone or talking to their friend, full focus must be towards the instructor. The purpose of our safety speech is to instruct the participants how to use the equipment; safety features of the equipment; and the overall breakdown of all other aspects of the activity. At the end of the speech, if there are still any confusion towards any parts of the instructions, it is mandatory for participants to raise their hand and ask the instructor to explain it again until EVERYONE fully understands the guidelines. Injuries can be eliminated by listening and understanding thoroughly the speech prior to starting the activity.

Risk of Falling into the Water

[I AGREE] Please be aware that Miami Watersports does not allow any participants to purposefully jump into the water for fun. However, there is a possibility that participants will be getting splashed with water or even fall into the water due to the nature of the activity. A USCG life jacket will be readily available to every participant on the boat, and may be required to be worn at all times during most of our activities. A USCG approved life jacket will prevent participants for drowning, however, it is important to remain calm and allow one of our staff members to assist you without putting themselves in danger. Falling in the water by accident is not dangerous as long as participants follow the guidelines explained prior to the start of the activity.

Health Conditions / Pregnancy

[I AGREE] Due to the nature of our “extreme” activities, please be aware that participants must be physically fit and active. Any previous our current injuries must be taken into consideration such as broken/ fractured bone; bad knees/ back; heart problems; physical/ mental disabilities; muscle cramps; bruises; cuts; stiches; headaches and other medical conditions. Please ask a medical expert if you are uncertain about if your medical condition may be affected by your participation in our activities. On another note, anyone who is over 2-months pregnant is not allowed to participate for safety reasons. If participant(s) gets injured during one of the activities, we require them to inform a staff member immediately in order for our management to take the proper steps to assist.

Knowing How to Swim

[I AGREE] Participants must be comfortable being surrounded by water, and must be certain that they will not panic and stay under control if they happen to fall into the water. Due to participants being required to wear a life jacket at all time during activities with higher risk of falling into to water, participants do not need to know how to swim as long as they can confirm that they will not panic and be able to follow instructions by our staff member to get them back out of the water safely.

Alcohol/Drugs

[I AGREE] Participants may not be under the influence of any drugs/ alcohol upon both check-in and during any of the activities. If a participant is seen consuming alcohol/ taking drugs or assumed to be under the influence by one of our staff members, Miami Watersports reserves the right to terminate all activities for this person, and no refund will be provided due to failure of following our guidelines for safety reasons.

Participants Violating Guidelines

[I AGREE] Our instructors are responsible to explain the guidelines and safety rules to the participants. The instructor will only start the activity after confirming with all participants in the group that the rules/ safety guidelines have been fully understood. If one or more participants violate any of those guidelines, their ride will be terminated for safety reasons and they will not be receiving a refund.

Bumpy Boat Rides

[I AGREE] Depending on the weather conditions, there may be more waves than usual which may results in a bumpier ride than usual. Please take into consideration if you have any past injuries such as back/knee pain or any other physical injuries which may worsen due to the nature of the activities. If you are not sure if you are a good candidate for this activity, please consult your doctor as well as one of our staff members prior to signing up for the activity.

Over Time Charge

[I AGREE] If Kayak/ Paddle-Board is returned 5-min or later then initial duration paid for, the balance due at check-out will be rounded up to the next 30-min increment. If Jet Ski Rider(s) refuses to follow our staff instructions to head back to the departure point when their time is over; management reserves the right to charge up to an additional 1-hour jet ski ride to whoever was not following instructions as a penalty for not following the company’s guidelines, and affecting the ride of other people in the group.

Replacement Fee

[I AGREE] If participant damages or loses any of the equipment provided by Miami Watersports, a replacement/ repair fee will be charge to the participant.

Check-in for a Minor

[I AGREE] A parent or legal guardian is required to complete the online check-in process for any participant who is a minor (under 18years of age). Parent/ guardian must be present at check-in to confirm that they have completed the online check-in process for the minor(s). The parent/ guardian is responsible for explaining all of the rules & regulations to the minor(s), including the liability waiver. Miami Watersports requires all minors to be aware and understand all company rules and regulations prior to starting the activities.

Primary Adult Participant

dylan l

Date of Birth

January 3, 1951

Email

[email protected]

Phone

89700980989

Address

110 malaga ave
Coral Gables, florida 33134
United States

Drivers License/Government ID

Signature

 


 PARTICIPANT AGREEMENT, RELEASE AND ASSUMPTION OF RISK

In consideration of the services of Coconut Grove Kayaks Inc, Miami Catamarans Inc, Sea Sun Sports Inc, and 305 Watersports Inc DBA Miami Watersports, Miami Parasail, and Miami Jet Ski, 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, jet ski, jet boat, personal watercraft, kayak, paddleboard, flyboard, tubing, parasailing, windsurf, hobie cat, 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.

PROTECTIVE WETSUIT REFUSAL AGREEMENT

I, for myself and/or on behalf of my child or legal ward, have been fully warned and advised by Coconut Grove Kayaks Inc, Miami Catamarans Inc, Sea Sun Sports Inc, and 305 Watersports Inc DBA Miami Watersports, Miami Parasail, and Miami Jet Ski (hereinafter collectively referred to as “MWS”), that we should purchase and/or wear a properly fitted wetsuit bottoms or clothing that provides equivalent protection while riding or being around WaveRunners and Jet Skis 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 wetsuit bottoms or equivalent clothing, I will be going against manufacturers’ requirements and putting myself at risk for injuries. I realize that I am subject to injury from this activity and that no form of preplanning can remove all of the danger to which we are exposing ourselves. Against the advice of MWS, the guide/instructor, numerous court cases and MWS’ insurance company, we are refusing this critical safety precaution.
SIGNER STATEMENT OF AWARENESS

I/we the undersigned have read the foregoing statement carefully before signing and do understand its warnings and assumption of risks.

Coconut Grove Kayaks Inc, Miami Catamarans Inc, Sea Sun Sports Inc, 305Watersports Inc DBA Miami Watersports; Miami Parasail; Miami Jet ski
hereinafter collectively referred to as “MIAMI WATERSPORTS “
PERPETUAL WAIVER AND RELEASE
(VALID FOR EACH AND EVERY DATE OF PARTICIPATION)

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 MIAMI WATERSPORTS 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 MIAMI WATERSPORTS 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 MIAMI WATERSPORTS, 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 to as follows:

1. I recognize and agree that: all risks can never be eliminated, and participating in the activities at MIAIM WATERSPORTS, 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.

2. On behalf of my minor child/children I fully, and forever waive, release and discharge MIAMI WATERSPORTS, 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 MIAMI WATERSPORTS, including claims involving their own negligence.

3. I agree to indemnify and hold harmless MIAMI WATERSPORTS, 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 MIAMI WATERSPORTS, including for claims alleging MIAMI WATERSPORTS’ own negligence.

4. 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 MIAMI WATERSPORTS, whether at the current location or any other location or facility.

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

Cancellation/ No refund Policy

[I AGREE] All bookings are final and non-refundable at the time of transaction. There may be delays in your scheduled departure depending if more time was needed to go over the safety protocol with the prior departures or due to weather conditions. If weather conditions change and do not permit the activity to operate, you will be provided with a non-expiring voucher which can be used to reschedule it for another day/time that is available. Vouchers are not transferrable. Miami Watersports has a strict NO REFUND POLICY, please be aware that you will not be receiving a refund regardless if the activity has to get cancelled due to weather; equipment failure or if you simply change your mind about doing it.

Storage of Personal Items

[I AGREE] Even though storage space may be available during some of the activities and our management will try their best to have it be locked; please be aware that Miami Watersports is not responsible for any lost; stolen or damaged personal items left at our facility, including inside of the storage boxes offered by us. We try to help out participants by offering a space to keep their items during their activities, but we highly recommend participants to not bring any valuables at our facility to prevent any issues.

Weight Limit

[I AGREE] The maximum weight limit for all activities is 275 lbs per participant unless otherwise specifically noted. Jet Ski maximum participant weight is 300 lbs per ski. Parasail maximum participant weight is 450 lbs per flight.

Jet Ski Damage Deposit

[I AGREE] If Jet Ski is returned with new damage, Miami Watersports has the right to hold on to the initial deposit paid upon check-in for repairs. If the jet ski is brought back in an unseaworthiness condition (meaning it cannot be rented out again without first being repaired for safety reasons), Miami watersports has the right to charge an additional amount up to $500 on top of the $250 initial deposit already paid (total $750). If jet ski is flipped over due to user error; initial $250 deposit will be kept and the ride may be terminated with no refund given. Driver is responsible for damage found on their ski, unless they can prove that they are not at fault. Cardholders who paid initial deposit for multiple skis will be responsible for payment of any damage done to the ski even though they may not have been the one driving. (Initial deposit $250/ ski; up to $500 additional charge per jet ski if brought back in an unseaworthiness condition).

Liability Waiver

[I AGREE] Prior to any activity, participants must complete a liability waiver and acknowledge the potential risk that exist while participating in our activities. Please be aware that the activities offered by Miami Watersports are considered “extreme sports” and may result in serious injuries due to the nature of the activities. Though not exhaustive, examples of the types of risks and potential injuries you could encounter in connection with your participation in water sports include fatigue, chill, shock and/or dizziness, loss of balance, loss of physical coordination, depression, and/or trauma/mental anguish.

Safety Instructions

[I AGREE] We require all participants to be very attentive during the instructor’s safety speech. Participants may not be on their phone or talking to their friend, full focus must be towards the instructor. The purpose of our safety speech is to instruct the participants how to use the equipment; safety features of the equipment; and the overall breakdown of all other aspects of the activity. At the end of the speech, if there are still any confusion towards any parts of the instructions, it is mandatory for participants to raise their hand and ask the instructor to explain it again until EVERYONE fully understands the guidelines. Injuries can be eliminated by listening and understanding thoroughly the speech prior to starting the activity.

Risk of Falling into the Water

[I AGREE] Please be aware that Miami Watersports does not allow any participants to purposefully jump into the water for fun. However, there is a possibility that participants will be getting splashed with water or even fall into the water due to the nature of the activity. A USCG life jacket will be readily available to every participant on the boat, and may be required to be worn at all times during most of our activities. A USCG approved life jacket will prevent participants for drowning, however, it is important to remain calm and allow one of our staff members to assist you without putting themselves in danger. Falling in the water by accident is not dangerous as long as participants follow the guidelines explained prior to the start of the activity.

Health Conditions / Pregnancy

[I AGREE] Due to the nature of our “extreme” activities, please be aware that participants must be physically fit and active. Any previous our current injuries must be taken into consideration such as broken/ fractured bone; bad knees/ back; heart problems; physical/ mental disabilities; muscle cramps; bruises; cuts; stiches; headaches and other medical conditions. Please ask a medical expert if you are uncertain about if your medical condition may be affected by your participation in our activities. On another note, anyone who is over 2-months pregnant is not allowed to participate for safety reasons. If participant(s) gets injured during one of the activities, we require them to inform a staff member immediately in order for our management to take the proper steps to assist.

Knowing How to Swim

[I AGREE] Participants must be comfortable being surrounded by water, and must be certain that they will not panic and stay under control if they happen to fall into the water. Due to participants being required to wear a life jacket at all time during activities with higher risk of falling into to water, participants do not need to know how to swim as long as they can confirm that they will not panic and be able to follow instructions by our staff member to get them back out of the water safely.

Alcohol/Drugs

[I AGREE] Participants may not be under the influence of any drugs/ alcohol upon both check-in and during any of the activities. If a participant is seen consuming alcohol/ taking drugs or assumed to be under the influence by one of our staff members, Miami Watersports reserves the right to terminate all activities for this person, and no refund will be provided due to failure of following our guidelines for safety reasons.

Participants Violating Guidelines

[I AGREE] Our instructors are responsible to explain the guidelines and safety rules to the participants. The instructor will only start the activity after confirming with all participants in the group that the rules/ safety guidelines have been fully understood. If one or more participants violate any of those guidelines, their ride will be terminated for safety reasons and they will not be receiving a refund.

Bumpy Boat Rides

[I AGREE] Depending on the weather conditions, there may be more waves than usual which may results in a bumpier ride than usual. Please take into consideration if you have any past injuries such as back/knee pain or any other physical injuries which may worsen due to the nature of the activities. If you are not sure if you are a good candidate for this activity, please consult your doctor as well as one of our staff members prior to signing up for the activity.

Over Time Charge

[I AGREE] If Kayak/ Paddle-Board is returned 5-min or later then initial duration paid for, the balance due at check-out will be rounded up to the next 30-min increment. If Jet Ski Rider(s) refuses to follow our staff instructions to head back to the departure point when their time is over; management reserves the right to charge up to an additional 1-hour jet ski ride to whoever was not following instructions as a penalty for not following the company’s guidelines, and affecting the ride of other people in the group.

Replacement Fee

[I AGREE] If participant damages or loses any of the equipment provided by Miami Watersports, a replacement/ repair fee will be charge to the participant.

Check-in for a Minor

[I AGREE] A parent or legal guardian is required to complete the online check-in process for any participant who is a minor (under 18years of age). Parent/ guardian must be present at check-in to confirm that they have completed the online check-in process for the minor(s). The parent/ guardian is responsible for explaining all of the rules & regulations to the minor(s), including the liability waiver. Miami Watersports requires all minors to be aware and understand all company rules and regulations prior to starting the activities.

Primary Adult Participant

Samantha Williams

Date of Birth

January 16, 1989

Email

[email protected]

Phone

9545581688

Address

6340 southwest 34th court
Miramar, Fl 33023
United States

Drivers License/Government ID

Signature

 


 PARTICIPANT AGREEMENT, RELEASE AND ASSUMPTION OF RISK

In consideration of the services of Coconut Grove Kayaks Inc, Miami Catamarans Inc, Sea Sun Sports Inc, and 305 Watersports Inc DBA Miami Watersports, Miami Parasail, and Miami Jet Ski, 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, jet ski, jet boat, personal watercraft, kayak, paddleboard, flyboard, tubing, parasailing, windsurf, hobie cat, 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.

PROTECTIVE WETSUIT REFUSAL AGREEMENT

I, for myself and/or on behalf of my child or legal ward, have been fully warned and advised by Coconut Grove Kayaks Inc, Miami Catamarans Inc, Sea Sun Sports Inc, and 305 Watersports Inc DBA Miami Watersports, Miami Parasail, and Miami Jet Ski (hereinafter collectively referred to as “MWS”), that we should purchase and/or wear a properly fitted wetsuit bottoms or clothing that provides equivalent protection while riding or being around WaveRunners and Jet Skis 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 wetsuit bottoms or equivalent clothing, I will be going against manufacturers’ requirements and putting myself at risk for injuries. I realize that I am subject to injury from this activity and that no form of preplanning can remove all of the danger to which we are exposing ourselves. Against the advice of MWS, the guide/instructor, numerous court cases and MWS’ insurance company, we are refusing this critical safety precaution.
SIGNER STATEMENT OF AWARENESS

I/we the undersigned have read the foregoing statement carefully before signing and do understand its warnings and assumption of risks.

Coconut Grove Kayaks Inc, Miami Catamarans Inc, Sea Sun Sports Inc, 305Watersports Inc DBA Miami Watersports; Miami Parasail; Miami Jet ski
hereinafter collectively referred to as “MIAMI WATERSPORTS “
PERPETUAL WAIVER AND RELEASE
(VALID FOR EACH AND EVERY DATE OF PARTICIPATION)

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 MIAMI WATERSPORTS 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 MIAMI WATERSPORTS 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 MIAMI WATERSPORTS, 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 to as follows:

1. I recognize and agree that: all risks can never be eliminated, and participating in the activities at MIAIM WATERSPORTS, 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.

2. On behalf of my minor child/children I fully, and forever waive, release and discharge MIAMI WATERSPORTS, 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 MIAMI WATERSPORTS, including claims involving their own negligence.

3. I agree to indemnify and hold harmless MIAMI WATERSPORTS, 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 MIAMI WATERSPORTS, including for claims alleging MIAMI WATERSPORTS’ own negligence.

4. 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 MIAMI WATERSPORTS, whether at the current location or any other location or facility.

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

Cancellation/ No refund Policy

[I AGREE] All bookings are final and non-refundable at the time of transaction. There may be delays in your scheduled departure depending if more time was needed to go over the safety protocol with the prior departures or due to weather conditions. If weather conditions change and do not permit the activity to operate, you will be provided with a non-expiring voucher which can be used to reschedule it for another day/time that is available. Vouchers are not transferrable. Miami Watersports has a strict NO REFUND POLICY, please be aware that you will not be receiving a refund regardless if the activity has to get cancelled due to weather; equipment failure or if you simply change your mind about doing it.

Storage of Personal Items

[I AGREE] Even though storage space may be available during some of the activities and our management will try their best to have it be locked; please be aware that Miami Watersports is not responsible for any lost; stolen or damaged personal items left at our facility, including inside of the storage boxes offered by us. We try to help out participants by offering a space to keep their items during their activities, but we highly recommend participants to not bring any valuables at our facility to prevent any issues.

Weight Limit

[I AGREE] The maximum weight limit for all activities is 275 lbs per participant unless otherwise specifically noted. Jet Ski maximum participant weight is 300 lbs per ski. Parasail maximum participant weight is 450 lbs per flight.

Jet Ski Damage Deposit

[I AGREE] If Jet Ski is returned with new damage, Miami Watersports has the right to hold on to the initial deposit paid upon check-in for repairs. If the jet ski is brought back in an unseaworthiness condition (meaning it cannot be rented out again without first being repaired for safety reasons), Miami watersports has the right to charge an additional amount up to $500 on top of the $250 initial deposit already paid (total $750). If jet ski is flipped over due to user error; initial $250 deposit will be kept and the ride may be terminated with no refund given. Driver is responsible for damage found on their ski, unless they can prove that they are not at fault. Cardholders who paid initial deposit for multiple skis will be responsible for payment of any damage done to the ski even though they may not have been the one driving. (Initial deposit $250/ ski; up to $500 additional charge per jet ski if brought back in an unseaworthiness condition).

Liability Waiver

[I AGREE] Prior to any activity, participants must complete a liability waiver and acknowledge the potential risk that exist while participating in our activities. Please be aware that the activities offered by Miami Watersports are considered “extreme sports” and may result in serious injuries due to the nature of the activities. Though not exhaustive, examples of the types of risks and potential injuries you could encounter in connection with your participation in water sports include fatigue, chill, shock and/or dizziness, loss of balance, loss of physical coordination, depression, and/or trauma/mental anguish.

Safety Instructions

[I AGREE] We require all participants to be very attentive during the instructor’s safety speech. Participants may not be on their phone or talking to their friend, full focus must be towards the instructor. The purpose of our safety speech is to instruct the participants how to use the equipment; safety features of the equipment; and the overall breakdown of all other aspects of the activity. At the end of the speech, if there are still any confusion towards any parts of the instructions, it is mandatory for participants to raise their hand and ask the instructor to explain it again until EVERYONE fully understands the guidelines. Injuries can be eliminated by listening and understanding thoroughly the speech prior to starting the activity.

Risk of Falling into the Water

[I AGREE] Please be aware that Miami Watersports does not allow any participants to purposefully jump into the water for fun. However, there is a possibility that participants will be getting splashed with water or even fall into the water due to the nature of the activity. A USCG life jacket will be readily available to every participant on the boat, and may be required to be worn at all times during most of our activities. A USCG approved life jacket will prevent participants for drowning, however, it is important to remain calm and allow one of our staff members to assist you without putting themselves in danger. Falling in the water by accident is not dangerous as long as participants follow the guidelines explained prior to the start of the activity.

Health Conditions / Pregnancy

[I AGREE] Due to the nature of our “extreme” activities, please be aware that participants must be physically fit and active. Any previous our current injuries must be taken into consideration such as broken/ fractured bone; bad knees/ back; heart problems; physical/ mental disabilities; muscle cramps; bruises; cuts; stiches; headaches and other medical conditions. Please ask a medical expert if you are uncertain about if your medical condition may be affected by your participation in our activities. On another note, anyone who is over 2-months pregnant is not allowed to participate for safety reasons. If participant(s) gets injured during one of the activities, we require them to inform a staff member immediately in order for our management to take the proper steps to assist.

Knowing How to Swim

[I AGREE] Participants must be comfortable being surrounded by water, and must be certain that they will not panic and stay under control if they happen to fall into the water. Due to participants being required to wear a life jacket at all time during activities with higher risk of falling into to water, participants do not need to know how to swim as long as they can confirm that they will not panic and be able to follow instructions by our staff member to get them back out of the water safely.

Alcohol/Drugs

[I AGREE] Participants may not be under the influence of any drugs/ alcohol upon both check-in and during any of the activities. If a participant is seen consuming alcohol/ taking drugs or assumed to be under the influence by one of our staff members, Miami Watersports reserves the right to terminate all activities for this person, and no refund will be provided due to failure of following our guidelines for safety reasons.

Participants Violating Guidelines

[I AGREE] Our instructors are responsible to explain the guidelines and safety rules to the participants. The instructor will only start the activity after confirming with all participants in the group that the rules/ safety guidelines have been fully understood. If one or more participants violate any of those guidelines, their ride will be terminated for safety reasons and they will not be receiving a refund.

Bumpy Boat Rides

[I AGREE] Depending on the weather conditions, there may be more waves than usual which may results in a bumpier ride than usual. Please take into consideration if you have any past injuries such as back/knee pain or any other physical injuries which may worsen due to the nature of the activities. If you are not sure if you are a good candidate for this activity, please consult your doctor as well as one of our staff members prior to signing up for the activity.

Over Time Charge

[I AGREE] If Kayak/ Paddle-Board is returned 5-min or later then initial duration paid for, the balance due at check-out will be rounded up to the next 30-min increment. If Jet Ski Rider(s) refuses to follow our staff instructions to head back to the departure point when their time is over; management reserves the right to charge up to an additional 1-hour jet ski ride to whoever was not following instructions as a penalty for not following the company’s guidelines, and affecting the ride of other people in the group.

Replacement Fee

[I AGREE] If participant damages or loses any of the equipment provided by Miami Watersports, a replacement/ repair fee will be charge to the participant.

Check-in for a Minor

[I AGREE] A parent or legal guardian is required to complete the online check-in process for any participant who is a minor (under 18years of age). Parent/ guardian must be present at check-in to confirm that they have completed the online check-in process for the minor(s). The parent/ guardian is responsible for explaining all of the rules & regulations to the minor(s), including the liability waiver. Miami Watersports requires all minors to be aware and understand all company rules and regulations prior to starting the activities.

Primary Adult Participant

Yadan Mela

Date of Birth

January 18, 1951

Email

[email protected]

Phone

7724187346

Address

3310 Sw
24 St
Miami, FLORIDA 33145
United States

Drivers License/Government ID

Signature

 


 PARTICIPANT AGREEMENT, RELEASE AND ASSUMPTION OF RISK

In consideration of the services of Coconut Grove Kayaks Inc, Miami Catamarans Inc, Sea Sun Sports Inc, and 305 Watersports Inc DBA Miami Watersports, Miami Parasail, and Miami Jet Ski, 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, jet ski, jet boat, personal watercraft, kayak, paddleboard, flyboard, tubing, parasailing, windsurf, hobie cat, 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.

PROTECTIVE WETSUIT REFUSAL AGREEMENT

I, for myself and/or on behalf of my child or legal ward, have been fully warned and advised by Coconut Grove Kayaks Inc, Miami Catamarans Inc, Sea Sun Sports Inc, and 305 Watersports Inc DBA Miami Watersports, Miami Parasail, and Miami Jet Ski (hereinafter collectively referred to as “MWS”), that we should purchase and/or wear a properly fitted wetsuit bottoms or clothing that provides equivalent protection while riding or being around WaveRunners and Jet Skis 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 wetsuit bottoms or equivalent clothing, I will be going against manufacturers’ requirements and putting myself at risk for injuries. I realize that I am subject to injury from this activity and that no form of preplanning can remove all of the danger to which we are exposing ourselves. Against the advice of MWS, the guide/instructor, numerous court cases and MWS’ insurance company, we are refusing this critical safety precaution.
SIGNER STATEMENT OF AWARENESS

I/we the undersigned have read the foregoing statement carefully before signing and do understand its warnings and assumption of risks.

Coconut Grove Kayaks Inc, Miami Catamarans Inc, Sea Sun Sports Inc, 305Watersports Inc DBA Miami Watersports; Miami Parasail; Miami Jet ski
hereinafter collectively referred to as “MIAMI WATERSPORTS “
PERPETUAL WAIVER AND RELEASE
(VALID FOR EACH AND EVERY DATE OF PARTICIPATION)

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 MIAMI WATERSPORTS 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 MIAMI WATERSPORTS 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 MIAMI WATERSPORTS, 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 to as follows:

1. I recognize and agree that: all risks can never be eliminated, and participating in the activities at MIAIM WATERSPORTS, 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.

2. On behalf of my minor child/children I fully, and forever waive, release and discharge MIAMI WATERSPORTS, 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 MIAMI WATERSPORTS, including claims involving their own negligence.

3. I agree to indemnify and hold harmless MIAMI WATERSPORTS, 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 MIAMI WATERSPORTS, including for claims alleging MIAMI WATERSPORTS’ own negligence.

4. 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 MIAMI WATERSPORTS, whether at the current location or any other location or facility.

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

Cancellation/ No refund Policy

[I AGREE] All bookings are final and non-refundable at the time of transaction. There may be delays in your scheduled departure depending if more time was needed to go over the safety protocol with the prior departures or due to weather conditions. If weather conditions change and do not permit the activity to operate, you will be provided with a non-expiring voucher which can be used to reschedule it for another day/time that is available. Vouchers are not transferrable. Miami Watersports has a strict NO REFUND POLICY, please be aware that you will not be receiving a refund regardless if the activity has to get cancelled due to weather; equipment failure or if you simply change your mind about doing it.

Storage of Personal Items

[I AGREE] Even though storage space may be available during some of the activities and our management will try their best to have it be locked; please be aware that Miami Watersports is not responsible for any lost; stolen or damaged personal items left at our facility, including inside of the storage boxes offered by us. We try to help out participants by offering a space to keep their items during their activities, but we highly recommend participants to not bring any valuables at our facility to prevent any issues.

Weight Limit

[I AGREE] The maximum weight limit for all activities is 275 lbs per participant unless otherwise specifically noted. Jet Ski maximum participant weight is 300 lbs per ski. Parasail maximum participant weight is 450 lbs per flight.

Jet Ski Damage Deposit

[I AGREE] If Jet Ski is returned with new damage, Miami Watersports has the right to hold on to the initial deposit paid upon check-in for repairs. If the jet ski is brought back in an unseaworthiness condition (meaning it cannot be rented out again without first being repaired for safety reasons), Miami watersports has the right to charge an additional amount up to $500 on top of the $250 initial deposit already paid (total $750). If jet ski is flipped over due to user error; initial $250 deposit will be kept and the ride may be terminated with no refund given. Driver is responsible for damage found on their ski, unless they can prove that they are not at fault. Cardholders who paid initial deposit for multiple skis will be responsible for payment of any damage done to the ski even though they may not have been the one driving. (Initial deposit $250/ ski; up to $500 additional charge per jet ski if brought back in an unseaworthiness condition).

Liability Waiver

[I AGREE] Prior to any activity, participants must complete a liability waiver and acknowledge the potential risk that exist while participating in our activities. Please be aware that the activities offered by Miami Watersports are considered “extreme sports” and may result in serious injuries due to the nature of the activities. Though not exhaustive, examples of the types of risks and potential injuries you could encounter in connection with your participation in water sports include fatigue, chill, shock and/or dizziness, loss of balance, loss of physical coordination, depression, and/or trauma/mental anguish.

Safety Instructions

[I AGREE] We require all participants to be very attentive during the instructor’s safety speech. Participants may not be on their phone or talking to their friend, full focus must be towards the instructor. The purpose of our safety speech is to instruct the participants how to use the equipment; safety features of the equipment; and the overall breakdown of all other aspects of the activity. At the end of the speech, if there are still any confusion towards any parts of the instructions, it is mandatory for participants to raise their hand and ask the instructor to explain it again until EVERYONE fully understands the guidelines. Injuries can be eliminated by listening and understanding thoroughly the speech prior to starting the activity.

Risk of Falling into the Water

[I AGREE] Please be aware that Miami Watersports does not allow any participants to purposefully jump into the water for fun. However, there is a possibility that participants will be getting splashed with water or even fall into the water due to the nature of the activity. A USCG life jacket will be readily available to every participant on the boat, and may be required to be worn at all times during most of our activities. A USCG approved life jacket will prevent participants for drowning, however, it is important to remain calm and allow one of our staff members to assist you without putting themselves in danger. Falling in the water by accident is not dangerous as long as participants follow the guidelines explained prior to the start of the activity.

Health Conditions / Pregnancy

[I AGREE] Due to the nature of our “extreme” activities, please be aware that participants must be physically fit and active. Any previous our current injuries must be taken into consideration such as broken/ fractured bone; bad knees/ back; heart problems; physical/ mental disabilities; muscle cramps; bruises; cuts; stiches; headaches and other medical conditions. Please ask a medical expert if you are uncertain about if your medical condition may be affected by your participation in our activities. On another note, anyone who is over 2-months pregnant is not allowed to participate for safety reasons. If participant(s) gets injured during one of the activities, we require them to inform a staff member immediately in order for our management to take the proper steps to assist.

Knowing How to Swim

[I AGREE] Participants must be comfortable being surrounded by water, and must be certain that they will not panic and stay under control if they happen to fall into the water. Due to participants being required to wear a life jacket at all time during activities with higher risk of falling into to water, participants do not need to know how to swim as long as they can confirm that they will not panic and be able to follow instructions by our staff member to get them back out of the water safely.

Alcohol/Drugs

[I AGREE] Participants may not be under the influence of any drugs/ alcohol upon both check-in and during any of the activities. If a participant is seen consuming alcohol/ taking drugs or assumed to be under the influence by one of our staff members, Miami Watersports reserves the right to terminate all activities for this person, and no refund will be provided due to failure of following our guidelines for safety reasons.

Participants Violating Guidelines

[I AGREE] Our instructors are responsible to explain the guidelines and safety rules to the participants. The instructor will only start the activity after confirming with all participants in the group that the rules/ safety guidelines have been fully understood. If one or more participants violate any of those guidelines, their ride will be terminated for safety reasons and they will not be receiving a refund.

Bumpy Boat Rides

[I AGREE] Depending on the weather conditions, there may be more waves than usual which may results in a bumpier ride than usual. Please take into consideration if you have any past injuries such as back/knee pain or any other physical injuries which may worsen due to the nature of the activities. If you are not sure if you are a good candidate for this activity, please consult your doctor as well as one of our staff members prior to signing up for the activity.

Over Time Charge

[I AGREE] If Kayak/ Paddle-Board is returned 5-min or later then initial duration paid for, the balance due at check-out will be rounded up to the next 30-min increment. If Jet Ski Rider(s) refuses to follow our staff instructions to head back to the departure point when their time is over; management reserves the right to charge up to an additional 1-hour jet ski ride to whoever was not following instructions as a penalty for not following the company’s guidelines, and affecting the ride of other people in the group.

Replacement Fee

[I AGREE] If participant damages or loses any of the equipment provided by Miami Watersports, a replacement/ repair fee will be charge to the participant.

Check-in for a Minor

[I AGREE] A parent or legal guardian is required to complete the online check-in process for any participant who is a minor (under 18years of age). Parent/ guardian must be present at check-in to confirm that they have completed the online check-in process for the minor(s). The parent/ guardian is responsible for explaining all of the rules & regulations to the minor(s), including the liability waiver. Miami Watersports requires all minors to be aware and understand all company rules and regulations prior to starting the activities.

Primary Adult Participant

Yadan Mela

Date of Birth

January 18, 1951

Email

[email protected]

Phone

7724187346

Address

3310 Sw
24 St
Miami, FLORIDA 33145
United States

Drivers License/Government ID

Signature

 


 PARTICIPANT AGREEMENT, RELEASE AND ASSUMPTION OF RISK

In consideration of the services of Coconut Grove Kayaks Inc, Miami Catamarans Inc, Sea Sun Sports Inc, and 305 Watersports Inc DBA Miami Watersports, Miami Parasail, and Miami Jet Ski, 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, jet ski, jet boat, personal watercraft, kayak, paddleboard, flyboard, tubing, parasailing, windsurf, hobie cat, 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.

PROTECTIVE WETSUIT REFUSAL AGREEMENT

I, for myself and/or on behalf of my child or legal ward, have been fully warned and advised by Coconut Grove Kayaks Inc, Miami Catamarans Inc, Sea Sun Sports Inc, and 305 Watersports Inc DBA Miami Watersports, Miami Parasail, and Miami Jet Ski (hereinafter collectively referred to as “MWS”), that we should purchase and/or wear a properly fitted wetsuit bottoms or clothing that provides equivalent protection while riding or being around WaveRunners and Jet Skis 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 wetsuit bottoms or equivalent clothing, I will be going against manufacturers’ requirements and putting myself at risk for injuries. I realize that I am subject to injury from this activity and that no form of preplanning can remove all of the danger to which we are exposing ourselves. Against the advice of MWS, the guide/instructor, numerous court cases and MWS’ insurance company, we are refusing this critical safety precaution.
SIGNER STATEMENT OF AWARENESS

I/we the undersigned have read the foregoing statement carefully before signing and do understand its warnings and assumption of risks.

Coconut Grove Kayaks Inc, Miami Catamarans Inc, Sea Sun Sports Inc, 305Watersports Inc DBA Miami Watersports; Miami Parasail; Miami Jet ski
hereinafter collectively referred to as “MIAMI WATERSPORTS “
PERPETUAL WAIVER AND RELEASE
(VALID FOR EACH AND EVERY DATE OF PARTICIPATION)

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 MIAMI WATERSPORTS 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 MIAMI WATERSPORTS 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 MIAMI WATERSPORTS, 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 to as follows:

1. I recognize and agree that: all risks can never be eliminated, and participating in the activities at MIAIM WATERSPORTS, 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.

2. On behalf of my minor child/children I fully, and forever waive, release and discharge MIAMI WATERSPORTS, 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 MIAMI WATERSPORTS, including claims involving their own negligence.

3. I agree to indemnify and hold harmless MIAMI WATERSPORTS, 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 MIAMI WATERSPORTS, including for claims alleging MIAMI WATERSPORTS’ own negligence.

4. 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 MIAMI WATERSPORTS, whether at the current location or any other location or facility.

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

Cancellation/ No refund Policy

[I AGREE] All bookings are final and non-refundable at the time of transaction. There may be delays in your scheduled departure depending if more time was needed to go over the safety protocol with the prior departures or due to weather conditions. If weather conditions change and do not permit the activity to operate, you will be provided with a non-expiring voucher which can be used to reschedule it for another day/time that is available. Vouchers are not transferrable. Miami Watersports has a strict NO REFUND POLICY, please be aware that you will not be receiving a refund regardless if the activity has to get cancelled due to weather; equipment failure or if you simply change your mind about doing it.

Storage of Personal Items

[I AGREE] Even though storage space may be available during some of the activities and our management will try their best to have it be locked; please be aware that Miami Watersports is not responsible for any lost; stolen or damaged personal items left at our facility, including inside of the storage boxes offered by us. We try to help out participants by offering a space to keep their items during their activities, but we highly recommend participants to not bring any valuables at our facility to prevent any issues.

Weight Limit

[I AGREE] The maximum weight limit for all activities is 275 lbs per participant unless otherwise specifically noted. Jet Ski maximum participant weight is 300 lbs per ski. Parasail maximum participant weight is 450 lbs per flight.

Jet Ski Damage Deposit

[I AGREE] If Jet Ski is returned with new damage, Miami Watersports has the right to hold on to the initial deposit paid upon check-in for repairs. If the jet ski is brought back in an unseaworthiness condition (meaning it cannot be rented out again without first being repaired for safety reasons), Miami watersports has the right to charge an additional amount up to $500 on top of the $250 initial deposit already paid (total $750). If jet ski is flipped over due to user error; initial $250 deposit will be kept and the ride may be terminated with no refund given. Driver is responsible for damage found on their ski, unless they can prove that they are not at fault. Cardholders who paid initial deposit for multiple skis will be responsible for payment of any damage done to the ski even though they may not have been the one driving. (Initial deposit $250/ ski; up to $500 additional charge per jet ski if brought back in an unseaworthiness condition).

Liability Waiver

[I AGREE] Prior to any activity, participants must complete a liability waiver and acknowledge the potential risk that exist while participating in our activities. Please be aware that the activities offered by Miami Watersports are considered “extreme sports” and may result in serious injuries due to the nature of the activities. Though not exhaustive, examples of the types of risks and potential injuries you could encounter in connection with your participation in water sports include fatigue, chill, shock and/or dizziness, loss of balance, loss of physical coordination, depression, and/or trauma/mental anguish.

Safety Instructions

[I AGREE] We require all participants to be very attentive during the instructor’s safety speech. Participants may not be on their phone or talking to their friend, full focus must be towards the instructor. The purpose of our safety speech is to instruct the participants how to use the equipment; safety features of the equipment; and the overall breakdown of all other aspects of the activity. At the end of the speech, if there are still any confusion towards any parts of the instructions, it is mandatory for participants to raise their hand and ask the instructor to explain it again until EVERYONE fully understands the guidelines. Injuries can be eliminated by listening and understanding thoroughly the speech prior to starting the activity.

Risk of Falling into the Water

[I AGREE] Please be aware that Miami Watersports does not allow any participants to purposefully jump into the water for fun. However, there is a possibility that participants will be getting splashed with water or even fall into the water due to the nature of the activity. A USCG life jacket will be readily available to every participant on the boat, and may be required to be worn at all times during most of our activities. A USCG approved life jacket will prevent participants for drowning, however, it is important to remain calm and allow one of our staff members to assist you without putting themselves in danger. Falling in the water by accident is not dangerous as long as participants follow the guidelines explained prior to the start of the activity.

Health Conditions / Pregnancy

[I AGREE] Due to the nature of our “extreme” activities, please be aware that participants must be physically fit and active. Any previous our current injuries must be taken into consideration such as broken/ fractured bone; bad knees/ back; heart problems; physical/ mental disabilities; muscle cramps; bruises; cuts; stiches; headaches and other medical conditions. Please ask a medical expert if you are uncertain about if your medical condition may be affected by your participation in our activities. On another note, anyone who is over 2-months pregnant is not allowed to participate for safety reasons. If participant(s) gets injured during one of the activities, we require them to inform a staff member immediately in order for our management to take the proper steps to assist.

Knowing How to Swim

[I AGREE] Participants must be comfortable being surrounded by water, and must be certain that they will not panic and stay under control if they happen to fall into the water. Due to participants being required to wear a life jacket at all time during activities with higher risk of falling into to water, participants do not need to know how to swim as long as they can confirm that they will not panic and be able to follow instructions by our staff member to get them back out of the water safely.

Alcohol/Drugs

[I AGREE] Participants may not be under the influence of any drugs/ alcohol upon both check-in and during any of the activities. If a participant is seen consuming alcohol/ taking drugs or assumed to be under the influence by one of our staff members, Miami Watersports reserves the right to terminate all activities for this person, and no refund will be provided due to failure of following our guidelines for safety reasons.

Participants Violating Guidelines

[I AGREE] Our instructors are responsible to explain the guidelines and safety rules to the participants. The instructor will only start the activity after confirming with all participants in the group that the rules/ safety guidelines have been fully understood. If one or more participants violate any of those guidelines, their ride will be terminated for safety reasons and they will not be receiving a refund.

Bumpy Boat Rides

[I AGREE] Depending on the weather conditions, there may be more waves than usual which may results in a bumpier ride than usual. Please take into consideration if you have any past injuries such as back/knee pain or any other physical injuries which may worsen due to the nature of the activities. If you are not sure if you are a good candidate for this activity, please consult your doctor as well as one of our staff members prior to signing up for the activity.

Over Time Charge

[I AGREE] If Kayak/ Paddle-Board is returned 5-min or later then initial duration paid for, the balance due at check-out will be rounded up to the next 30-min increment. If Jet Ski Rider(s) refuses to follow our staff instructions to head back to the departure point when their time is over; management reserves the right to charge up to an additional 1-hour jet ski ride to whoever was not following instructions as a penalty for not following the company’s guidelines, and affecting the ride of other people in the group.

Replacement Fee

[I AGREE] If participant damages or loses any of the equipment provided by Miami Watersports, a replacement/ repair fee will be charge to the participant.

Check-in for a Minor

[I AGREE] A parent or legal guardian is required to complete the online check-in process for any participant who is a minor (under 18years of age). Parent/ guardian must be present at check-in to confirm that they have completed the online check-in process for the minor(s). The parent/ guardian is responsible for explaining all of the rules & regulations to the minor(s), including the liability waiver. Miami Watersports requires all minors to be aware and understand all company rules and regulations prior to starting the activities.

Primary Adult Participant

Nicolas Laurent

Date of Birth

August 2, 1996

Email

[email protected]

Phone

3054958578

Address

1600 NE 1st Avenue
Apt 1917
Miami, FLORIDA 33132
United States

Drivers License/Government ID

Signature

 


 PARTICIPANT AGREEMENT, RELEASE AND ASSUMPTION OF RISK

In consideration of the services of Coconut Grove Kayaks Inc, Miami Catamarans Inc, Sea Sun Sports Inc, and 305 Watersports Inc DBA Miami Watersports, Miami Parasail, and Miami Jet Ski, 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, jet ski, jet boat, personal watercraft, kayak, paddleboard, flyboard, tubing, parasailing, windsurf, hobie cat, 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.

PROTECTIVE WETSUIT REFUSAL AGREEMENT

I, for myself and/or on behalf of my child or legal ward, have been fully warned and advised by Coconut Grove Kayaks Inc, Miami Catamarans Inc, Sea Sun Sports Inc, and 305 Watersports Inc DBA Miami Watersports, Miami Parasail, and Miami Jet Ski (hereinafter collectively referred to as “MWS”), that we should purchase and/or wear a properly fitted wetsuit bottoms or clothing that provides equivalent protection while riding or being around WaveRunners and Jet Skis 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 wetsuit bottoms or equivalent clothing, I will be going against manufacturers’ requirements and putting myself at risk for injuries. I realize that I am subject to injury from this activity and that no form of preplanning can remove all of the danger to which we are exposing ourselves. Against the advice of MWS, the guide/instructor, numerous court cases and MWS’ insurance company, we are refusing this critical safety precaution.
SIGNER STATEMENT OF AWARENESS

I/we the undersigned have read the foregoing statement carefully before signing and do understand its warnings and assumption of risks.

Coconut Grove Kayaks Inc, Miami Catamarans Inc, Sea Sun Sports Inc, 305Watersports Inc DBA Miami Watersports; Miami Parasail; Miami Jet ski
hereinafter collectively referred to as “MIAMI WATERSPORTS “
PERPETUAL WAIVER AND RELEASE
(VALID FOR EACH AND EVERY DATE OF PARTICIPATION)

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 MIAMI WATERSPORTS 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 MIAMI WATERSPORTS 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 MIAMI WATERSPORTS, 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 to as follows:

1. I recognize and agree that: all risks can never be eliminated, and participating in the activities at MIAIM WATERSPORTS, 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.

2. On behalf of my minor child/children I fully, and forever waive, release and discharge MIAMI WATERSPORTS, 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 MIAMI WATERSPORTS, including claims involving their own negligence.

3. I agree to indemnify and hold harmless MIAMI WATERSPORTS, 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 MIAMI WATERSPORTS, including for claims alleging MIAMI WATERSPORTS’ own negligence.

4. 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 MIAMI WATERSPORTS, whether at the current location or any other location or facility.

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

Cancellation/ No refund Policy

[I AGREE] All bookings are final and non-refundable at the time of transaction. There may be delays in your scheduled departure depending if more time was needed to go over the safety protocol with the prior departures or due to weather conditions. If weather conditions change and do not permit the activity to operate, you will be provided with a non-expiring voucher which can be used to reschedule it for another day/time that is available. Vouchers are not transferrable. Miami Watersports has a strict NO REFUND POLICY, please be aware that you will not be receiving a refund regardless if the activity has to get cancelled due to weather; equipment failure or if you simply change your mind about doing it.

Storage of Personal Items

[I AGREE] Even though storage space may be available during some of the activities and our management will try their best to have it be locked; please be aware that Miami Watersports is not responsible for any lost; stolen or damaged personal items left at our facility, including inside of the storage boxes offered by us. We try to help out participants by offering a space to keep their items during their activities, but we highly recommend participants to not bring any valuables at our facility to prevent any issues.

Weight Limit

[I AGREE] The maximum weight limit for all activities is 275 lbs per participant unless otherwise specifically noted. Jet Ski maximum participant weight is 300 lbs per ski. Parasail maximum participant weight is 450 lbs per flight.

Jet Ski Damage Deposit

[I AGREE] If Jet Ski is returned with new damage, Miami Watersports has the right to hold on to the initial deposit paid upon check-in for repairs. If the jet ski is brought back in an unseaworthiness condition (meaning it cannot be rented out again without first being repaired for safety reasons), Miami watersports has the right to charge an additional amount up to $500 on top of the $250 initial deposit already paid (total $750). If jet ski is flipped over due to user error; initial $250 deposit will be kept and the ride may be terminated with no refund given. Driver is responsible for damage found on their ski, unless they can prove that they are not at fault. Cardholders who paid initial deposit for multiple skis will be responsible for payment of any damage done to the ski even though they may not have been the one driving. (Initial deposit $250/ ski; up to $500 additional charge per jet ski if brought back in an unseaworthiness condition).

Liability Waiver

[I AGREE] Prior to any activity, participants must complete a liability waiver and acknowledge the potential risk that exist while participating in our activities. Please be aware that the activities offered by Miami Watersports are considered “extreme sports” and may result in serious injuries due to the nature of the activities. Though not exhaustive, examples of the types of risks and potential injuries you could encounter in connection with your participation in water sports include fatigue, chill, shock and/or dizziness, loss of balance, loss of physical coordination, depression, and/or trauma/mental anguish.

Safety Instructions

[I AGREE] We require all participants to be very attentive during the instructor’s safety speech. Participants may not be on their phone or talking to their friend, full focus must be towards the instructor. The purpose of our safety speech is to instruct the participants how to use the equipment; safety features of the equipment; and the overall breakdown of all other aspects of the activity. At the end of the speech, if there are still any confusion towards any parts of the instructions, it is mandatory for participants to raise their hand and ask the instructor to explain it again until EVERYONE fully understands the guidelines. Injuries can be eliminated by listening and understanding thoroughly the speech prior to starting the activity.

Risk of Falling into the Water

[I AGREE] Please be aware that Miami Watersports does not allow any participants to purposefully jump into the water for fun. However, there is a possibility that participants will be getting splashed with water or even fall into the water due to the nature of the activity. A USCG life jacket will be readily available to every participant on the boat, and may be required to be worn at all times during most of our activities. A USCG approved life jacket will prevent participants for drowning, however, it is important to remain calm and allow one of our staff members to assist you without putting themselves in danger. Falling in the water by accident is not dangerous as long as participants follow the guidelines explained prior to the start of the activity.

Health Conditions / Pregnancy

[I AGREE] Due to the nature of our “extreme” activities, please be aware that participants must be physically fit and active. Any previous our current injuries must be taken into consideration such as broken/ fractured bone; bad knees/ back; heart problems; physical/ mental disabilities; muscle cramps; bruises; cuts; stiches; headaches and other medical conditions. Please ask a medical expert if you are uncertain about if your medical condition may be affected by your participation in our activities. On another note, anyone who is over 2-months pregnant is not allowed to participate for safety reasons. If participant(s) gets injured during one of the activities, we require them to inform a staff member immediately in order for our management to take the proper steps to assist.

Knowing How to Swim

[I AGREE] Participants must be comfortable being surrounded by water, and must be certain that they will not panic and stay under control if they happen to fall into the water. Due to participants being required to wear a life jacket at all time during activities with higher risk of falling into to water, participants do not need to know how to swim as long as they can confirm that they will not panic and be able to follow instructions by our staff member to get them back out of the water safely.

Alcohol/Drugs

[I AGREE] Participants may not be under the influence of any drugs/ alcohol upon both check-in and during any of the activities. If a participant is seen consuming alcohol/ taking drugs or assumed to be under the influence by one of our staff members, Miami Watersports reserves the right to terminate all activities for this person, and no refund will be provided due to failure of following our guidelines for safety reasons.

Participants Violating Guidelines

[I AGREE] Our instructors are responsible to explain the guidelines and safety rules to the participants. The instructor will only start the activity after confirming with all participants in the group that the rules/ safety guidelines have been fully understood. If one or more participants violate any of those guidelines, their ride will be terminated for safety reasons and they will not be receiving a refund.

Bumpy Boat Rides

[I AGREE] Depending on the weather conditions, there may be more waves than usual which may results in a bumpier ride than usual. Please take into consideration if you have any past injuries such as back/knee pain or any other physical injuries which may worsen due to the nature of the activities. If you are not sure if you are a good candidate for this activity, please consult your doctor as well as one of our staff members prior to signing up for the activity.

Over Time Charge

[I AGREE] If Kayak/ Paddle-Board is returned 5-min or later then initial duration paid for, the balance due at check-out will be rounded up to the next 30-min increment. If Jet Ski Rider(s) refuses to follow our staff instructions to head back to the departure point when their time is over; management reserves the right to charge up to an additional 1-hour jet ski ride to whoever was not following instructions as a penalty for not following the company’s guidelines, and affecting the ride of other people in the group.

Replacement Fee

[I AGREE] If participant damages or loses any of the equipment provided by Miami Watersports, a replacement/ repair fee will be charge to the participant.

Check-in for a Minor

[I AGREE] A parent or legal guardian is required to complete the online check-in process for any participant who is a minor (under 18years of age). Parent/ guardian must be present at check-in to confirm that they have completed the online check-in process for the minor(s). The parent/ guardian is responsible for explaining all of the rules & regulations to the minor(s), including the liability waiver. Miami Watersports requires all minors to be aware and understand all company rules and regulations prior to starting the activities.

Primary Adult Participant

Triston Lamon

Date of Birth

February 7, 1996

Email

[email protected]

Phone

3525547451

Address

4450 station freeway
Keystone Heights, FL 32656
United States

Drivers License/Government ID

Signature

 


 PARTICIPANT AGREEMENT, RELEASE AND ASSUMPTION OF RISK

In consideration of the services of Coconut Grove Kayaks Inc, Miami Catamarans Inc, Sea Sun Sports Inc, and 305 Watersports Inc DBA Miami Watersports, Miami Parasail, and Miami Jet Ski, 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, jet ski, jet boat, personal watercraft, kayak, paddleboard, flyboard, tubing, parasailing, windsurf, hobie cat, 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.

PROTECTIVE WETSUIT REFUSAL AGREEMENT

I, for myself and/or on behalf of my child or legal ward, have been fully warned and advised by Coconut Grove Kayaks Inc, Miami Catamarans Inc, Sea Sun Sports Inc, and 305 Watersports Inc DBA Miami Watersports, Miami Parasail, and Miami Jet Ski (hereinafter collectively referred to as “MWS”), that we should purchase and/or wear a properly fitted wetsuit bottoms or clothing that provides equivalent protection while riding or being around WaveRunners and Jet Skis 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 wetsuit bottoms or equivalent clothing, I will be going against manufacturers’ requirements and putting myself at risk for injuries. I realize that I am subject to injury from this activity and that no form of preplanning can remove all of the danger to which we are exposing ourselves. Against the advice of MWS, the guide/instructor, numerous court cases and MWS’ insurance company, we are refusing this critical safety precaution.
SIGNER STATEMENT OF AWARENESS

I/we the undersigned have read the foregoing statement carefully before signing and do understand its warnings and assumption of risks.

Coconut Grove Kayaks Inc, Miami Catamarans Inc, Sea Sun Sports Inc, 305Watersports Inc DBA Miami Watersports; Miami Parasail; Miami Jet ski
hereinafter collectively referred to as “MIAMI WATERSPORTS “
PERPETUAL WAIVER AND RELEASE
(VALID FOR EACH AND EVERY DATE OF PARTICIPATION)

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 MIAMI WATERSPORTS 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 MIAMI WATERSPORTS 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 MIAMI WATERSPORTS, 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 to as follows:

1. I recognize and agree that: all risks can never be eliminated, and participating in the activities at MIAIM WATERSPORTS, 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.

2. On behalf of my minor child/children I fully, and forever waive, release and discharge MIAMI WATERSPORTS, 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 MIAMI WATERSPORTS, including claims involving their own negligence.

3. I agree to indemnify and hold harmless MIAMI WATERSPORTS, 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 MIAMI WATERSPORTS, including for claims alleging MIAMI WATERSPORTS’ own negligence.

4. 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 MIAMI WATERSPORTS, whether at the current location or any other location or facility.

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

Cancellation/ No refund Policy

[I AGREE] All bookings are final and non-refundable at the time of transaction. There may be delays in your scheduled departure depending if more time was needed to go over the safety protocol with the prior departures or due to weather conditions. If weather conditions change and do not permit the activity to operate, you will be provided with a non-expiring voucher which can be used to reschedule it for another day/time that is available. Vouchers are not transferrable. Miami Watersports has a strict NO REFUND POLICY, please be aware that you will not be receiving a refund regardless if the activity has to get cancelled due to weather; equipment failure or if you simply change your mind about doing it.

Storage of Personal Items

[I AGREE] Even though storage space may be available during some of the activities and our management will try their best to have it be locked; please be aware that Miami Watersports is not responsible for any lost; stolen or damaged personal items left at our facility, including inside of the storage boxes offered by us. We try to help out participants by offering a space to keep their items during their activities, but we highly recommend participants to not bring any valuables at our facility to prevent any issues.

Weight Limit

[I AGREE] The maximum weight limit for all activities is 275 lbs per participant unless otherwise specifically noted. Jet Ski maximum participant weight is 300 lbs per ski. Parasail maximum participant weight is 450 lbs per flight.

Jet Ski Damage Deposit

[I AGREE] If Jet Ski is returned with new damage, Miami Watersports has the right to hold on to the initial deposit paid upon check-in for repairs. If the jet ski is brought back in an unseaworthiness condition (meaning it cannot be rented out again without first being repaired for safety reasons), Miami watersports has the right to charge an additional amount up to $500 on top of the $250 initial deposit already paid (total $750). If jet ski is flipped over due to user error; initial $250 deposit will be kept and the ride may be terminated with no refund given. Driver is responsible for damage found on their ski, unless they can prove that they are not at fault. Cardholders who paid initial deposit for multiple skis will be responsible for payment of any damage done to the ski even though they may not have been the one driving. (Initial deposit $250/ ski; up to $500 additional charge per jet ski if brought back in an unseaworthiness condition).

Liability Waiver

[I AGREE] Prior to any activity, participants must complete a liability waiver and acknowledge the potential risk that exist while participating in our activities. Please be aware that the activities offered by Miami Watersports are considered “extreme sports” and may result in serious injuries due to the nature of the activities. Though not exhaustive, examples of the types of risks and potential injuries you could encounter in connection with your participation in water sports include fatigue, chill, shock and/or dizziness, loss of balance, loss of physical coordination, depression, and/or trauma/mental anguish.

Safety Instructions

[I AGREE] We require all participants to be very attentive during the instructor’s safety speech. Participants may not be on their phone or talking to their friend, full focus must be towards the instructor. The purpose of our safety speech is to instruct the participants how to use the equipment; safety features of the equipment; and the overall breakdown of all other aspects of the activity. At the end of the speech, if there are still any confusion towards any parts of the instructions, it is mandatory for participants to raise their hand and ask the instructor to explain it again until EVERYONE fully understands the guidelines. Injuries can be eliminated by listening and understanding thoroughly the speech prior to starting the activity.

Risk of Falling into the Water

[I AGREE] Please be aware that Miami Watersports does not allow any participants to purposefully jump into the water for fun. However, there is a possibility that participants will be getting splashed with water or even fall into the water due to the nature of the activity. A USCG life jacket will be readily available to every participant on the boat, and may be required to be worn at all times during most of our activities. A USCG approved life jacket will prevent participants for drowning, however, it is important to remain calm and allow one of our staff members to assist you without putting themselves in danger. Falling in the water by accident is not dangerous as long as participants follow the guidelines explained prior to the start of the activity.

Health Conditions / Pregnancy

[I AGREE] Due to the nature of our “extreme” activities, please be aware that participants must be physically fit and active. Any previous our current injuries must be taken into consideration such as broken/ fractured bone; bad knees/ back; heart problems; physical/ mental disabilities; muscle cramps; bruises; cuts; stiches; headaches and other medical conditions. Please ask a medical expert if you are uncertain about if your medical condition may be affected by your participation in our activities. On another note, anyone who is over 2-months pregnant is not allowed to participate for safety reasons. If participant(s) gets injured during one of the activities, we require them to inform a staff member immediately in order for our management to take the proper steps to assist.

Knowing How to Swim

[I AGREE] Participants must be comfortable being surrounded by water, and must be certain that they will not panic and stay under control if they happen to fall into the water. Due to participants being required to wear a life jacket at all time during activities with higher risk of falling into to water, participants do not need to know how to swim as long as they can confirm that they will not panic and be able to follow instructions by our staff member to get them back out of the water safely.

Alcohol/Drugs

[I AGREE] Participants may not be under the influence of any drugs/ alcohol upon both check-in and during any of the activities. If a participant is seen consuming alcohol/ taking drugs or assumed to be under the influence by one of our staff members, Miami Watersports reserves the right to terminate all activities for this person, and no refund will be provided due to failure of following our guidelines for safety reasons.

Participants Violating Guidelines

[I AGREE] Our instructors are responsible to explain the guidelines and safety rules to the participants. The instructor will only start the activity after confirming with all participants in the group that the rules/ safety guidelines have been fully understood. If one or more participants violate any of those guidelines, their ride will be terminated for safety reasons and they will not be receiving a refund.

Bumpy Boat Rides

[I AGREE] Depending on the weather conditions, there may be more waves than usual which may results in a bumpier ride than usual. Please take into consideration if you have any past injuries such as back/knee pain or any other physical injuries which may worsen due to the nature of the activities. If you are not sure if you are a good candidate for this activity, please consult your doctor as well as one of our staff members prior to signing up for the activity.

Over Time Charge

[I AGREE] If Kayak/ Paddle-Board is returned 5-min or later then initial duration paid for, the balance due at check-out will be rounded up to the next 30-min increment. If Jet Ski Rider(s) refuses to follow our staff instructions to head back to the departure point when their time is over; management reserves the right to charge up to an additional 1-hour jet ski ride to whoever was not following instructions as a penalty for not following the company’s guidelines, and affecting the ride of other people in the group.

Replacement Fee

[I AGREE] If participant damages or loses any of the equipment provided by Miami Watersports, a replacement/ repair fee will be charge to the participant.

Check-in for a Minor

[I AGREE] A parent or legal guardian is required to complete the online check-in process for any participant who is a minor (under 18years of age). Parent/ guardian must be present at check-in to confirm that they have completed the online check-in process for the minor(s). The parent/ guardian is responsible for explaining all of the rules & regulations to the minor(s), including the liability waiver. Miami Watersports requires all minors to be aware and understand all company rules and regulations prior to starting the activities.

Primary Adult Participant

Anthony Garcia

Date of Birth

August 29, 1988

Email

[email protected]

Phone

3057884164

Address

5280 nw 180 terr
Miami, Florida 33055
United States

Drivers License/Government ID

Signature

 


 PARTICIPANT AGREEMENT, RELEASE AND ASSUMPTION OF RISK

In consideration of the services of Coconut Grove Kayaks Inc, Miami Catamarans Inc, Sea Sun Sports Inc, and 305 Watersports Inc DBA Miami Watersports, Miami Parasail, and Miami Jet Ski, 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, jet ski, jet boat, personal watercraft, kayak, paddleboard, flyboard, tubing, parasailing, windsurf, hobie cat, 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.

PROTECTIVE WETSUIT REFUSAL AGREEMENT

I, for myself and/or on behalf of my child or legal ward, have been fully warned and advised by Coconut Grove Kayaks Inc, Miami Catamarans Inc, Sea Sun Sports Inc, and 305 Watersports Inc DBA Miami Watersports, Miami Parasail, and Miami Jet Ski (hereinafter collectively referred to as “MWS”), that we should purchase and/or wear a properly fitted wetsuit bottoms or clothing that provides equivalent protection while riding or being around WaveRunners and Jet Skis 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 wetsuit bottoms or equivalent clothing, I will be going against manufacturers’ requirements and putting myself at risk for injuries. I realize that I am subject to injury from this activity and that no form of preplanning can remove all of the danger to which we are exposing ourselves. Against the advice of MWS, the guide/instructor, numerous court cases and MWS’ insurance company, we are refusing this critical safety precaution.
SIGNER STATEMENT OF AWARENESS

I/we the undersigned have read the foregoing statement carefully before signing and do understand its warnings and assumption of risks.

Coconut Grove Kayaks Inc, Miami Catamarans Inc, Sea Sun Sports Inc, 305Watersports Inc DBA Miami Watersports; Miami Parasail; Miami Jet ski
hereinafter collectively referred to as “MIAMI WATERSPORTS “
PERPETUAL WAIVER AND RELEASE
(VALID FOR EACH AND EVERY DATE OF PARTICIPATION)

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 MIAMI WATERSPORTS 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 MIAMI WATERSPORTS 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 MIAMI WATERSPORTS, 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 to as follows:

1. I recognize and agree that: all risks can never be eliminated, and participating in the activities at MIAIM WATERSPORTS, 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.

2. On behalf of my minor child/children I fully, and forever waive, release and discharge MIAMI WATERSPORTS, 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 MIAMI WATERSPORTS, including claims involving their own negligence.

3. I agree to indemnify and hold harmless MIAMI WATERSPORTS, 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 MIAMI WATERSPORTS, including for claims alleging MIAMI WATERSPORTS’ own negligence.

4. 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 MIAMI WATERSPORTS, whether at the current location or any other location or facility.

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

Cancellation/ No refund Policy

[I AGREE] All bookings are final and non-refundable at the time of transaction. There may be delays in your scheduled departure depending if more time was needed to go over the safety protocol with the prior departures or due to weather conditions. If weather conditions change and do not permit the activity to operate, you will be provided with a non-expiring voucher which can be used to reschedule it for another day/time that is available. Vouchers are not transferrable. Miami Watersports has a strict NO REFUND POLICY, please be aware that you will not be receiving a refund regardless if the activity has to get cancelled due to weather; equipment failure or if you simply change your mind about doing it.

Storage of Personal Items

[I AGREE] Even though storage space may be available during some of the activities and our management will try their best to have it be locked; please be aware that Miami Watersports is not responsible for any lost; stolen or damaged personal items left at our facility, including inside of the storage boxes offered by us. We try to help out participants by offering a space to keep their items during their activities, but we highly recommend participants to not bring any valuables at our facility to prevent any issues.

Weight Limit

[I AGREE] The maximum weight limit for all activities is 275 lbs per participant unless otherwise specifically noted. Jet Ski maximum participant weight is 300 lbs per ski. Parasail maximum participant weight is 450 lbs per flight.

Jet Ski Damage Deposit

[I AGREE] If Jet Ski is returned with new damage, Miami Watersports has the right to hold on to the initial deposit paid upon check-in for repairs. If the jet ski is brought back in an unseaworthiness condition (meaning it cannot be rented out again without first being repaired for safety reasons), Miami watersports has the right to charge an additional amount up to $500 on top of the $250 initial deposit already paid (total $750). If jet ski is flipped over due to user error; initial $250 deposit will be kept and the ride may be terminated with no refund given. Driver is responsible for damage found on their ski, unless they can prove that they are not at fault. Cardholders who paid initial deposit for multiple skis will be responsible for payment of any damage done to the ski even though they may not have been the one driving. (Initial deposit $250/ ski; up to $500 additional charge per jet ski if brought back in an unseaworthiness condition).

Liability Waiver

[I AGREE] Prior to any activity, participants must complete a liability waiver and acknowledge the potential risk that exist while participating in our activities. Please be aware that the activities offered by Miami Watersports are considered “extreme sports” and may result in serious injuries due to the nature of the activities. Though not exhaustive, examples of the types of risks and potential injuries you could encounter in connection with your participation in water sports include fatigue, chill, shock and/or dizziness, loss of balance, loss of physical coordination, depression, and/or trauma/mental anguish.

Safety Instructions

[I AGREE] We require all participants to be very attentive during the instructor’s safety speech. Participants may not be on their phone or talking to their friend, full focus must be towards the instructor. The purpose of our safety speech is to instruct the participants how to use the equipment; safety features of the equipment; and the overall breakdown of all other aspects of the activity. At the end of the speech, if there are still any confusion towards any parts of the instructions, it is mandatory for participants to raise their hand and ask the instructor to explain it again until EVERYONE fully understands the guidelines. Injuries can be eliminated by listening and understanding thoroughly the speech prior to starting the activity.

Risk of Falling into the Water

[I AGREE] Please be aware that Miami Watersports does not allow any participants to purposefully jump into the water for fun. However, there is a possibility that participants will be getting splashed with water or even fall into the water due to the nature of the activity. A USCG life jacket will be readily available to every participant on the boat, and may be required to be worn at all times during most of our activities. A USCG approved life jacket will prevent participants for drowning, however, it is important to remain calm and allow one of our staff members to assist you without putting themselves in danger. Falling in the water by accident is not dangerous as long as participants follow the guidelines explained prior to the start of the activity.

Health Conditions / Pregnancy

[I AGREE] Due to the nature of our “extreme” activities, please be aware that participants must be physically fit and active. Any previous our current injuries must be taken into consideration such as broken/ fractured bone; bad knees/ back; heart problems; physical/ mental disabilities; muscle cramps; bruises; cuts; stiches; headaches and other medical conditions. Please ask a medical expert if you are uncertain about if your medical condition may be affected by your participation in our activities. On another note, anyone who is over 2-months pregnant is not allowed to participate for safety reasons. If participant(s) gets injured during one of the activities, we require them to inform a staff member immediately in order for our management to take the proper steps to assist.

Knowing How to Swim

[I AGREE] Participants must be comfortable being surrounded by water, and must be certain that they will not panic and stay under control if they happen to fall into the water. Due to participants being required to wear a life jacket at all time during activities with higher risk of falling into to water, participants do not need to know how to swim as long as they can confirm that they will not panic and be able to follow instructions by our staff member to get them back out of the water safely.

Alcohol/Drugs

[I AGREE] Participants may not be under the influence of any drugs/ alcohol upon both check-in and during any of the activities. If a participant is seen consuming alcohol/ taking drugs or assumed to be under the influence by one of our staff members, Miami Watersports reserves the right to terminate all activities for this person, and no refund will be provided due to failure of following our guidelines for safety reasons.

Participants Violating Guidelines

[I AGREE] Our instructors are responsible to explain the guidelines and safety rules to the participants. The instructor will only start the activity after confirming with all participants in the group that the rules/ safety guidelines have been fully understood. If one or more participants violate any of those guidelines, their ride will be terminated for safety reasons and they will not be receiving a refund.

Bumpy Boat Rides

[I AGREE] Depending on the weather conditions, there may be more waves than usual which may results in a bumpier ride than usual. Please take into consideration if you have any past injuries such as back/knee pain or any other physical injuries which may worsen due to the nature of the activities. If you are not sure if you are a good candidate for this activity, please consult your doctor as well as one of our staff members prior to signing up for the activity.

Over Time Charge

[I AGREE] If Kayak/ Paddle-Board is returned 5-min or later then initial duration paid for, the balance due at check-out will be rounded up to the next 30-min increment. If Jet Ski Rider(s) refuses to follow our staff instructions to head back to the departure point when their time is over; management reserves the right to charge up to an additional 1-hour jet ski ride to whoever was not following instructions as a penalty for not following the company’s guidelines, and affecting the ride of other people in the group.

Replacement Fee

[I AGREE] If participant damages or loses any of the equipment provided by Miami Watersports, a replacement/ repair fee will be charge to the participant.

Check-in for a Minor

[I AGREE] A parent or legal guardian is required to complete the online check-in process for any participant who is a minor (under 18years of age). Parent/ guardian must be present at check-in to confirm that they have completed the online check-in process for the minor(s). The parent/ guardian is responsible for explaining all of the rules & regulations to the minor(s), including the liability waiver. Miami Watersports requires all minors to be aware and understand all company rules and regulations prior to starting the activities.

Primary Adult Participant

Pedro Mesa

Date of Birth

January 25, 1987

Email

[email protected]

Phone

7863876675

Address

6920 Sw 132 Pl
Miami, FL 33183
United States

Drivers License/Government ID

Signature

 


 PARTICIPANT AGREEMENT, RELEASE AND ASSUMPTION OF RISK

In consideration of the services of Coconut Grove Kayaks Inc, Miami Catamarans Inc, Sea Sun Sports Inc, and 305 Watersports Inc DBA Miami Watersports, Miami Parasail, and Miami Jet Ski, 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, jet ski, jet boat, personal watercraft, kayak, paddleboard, flyboard, tubing, parasailing, windsurf, hobie cat, 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.

PROTECTIVE WETSUIT REFUSAL AGREEMENT

I, for myself and/or on behalf of my child or legal ward, have been fully warned and advised by Coconut Grove Kayaks Inc, Miami Catamarans Inc, Sea Sun Sports Inc, and 305 Watersports Inc DBA Miami Watersports, Miami Parasail, and Miami Jet Ski (hereinafter collectively referred to as “MWS”), that we should purchase and/or wear a properly fitted wetsuit bottoms or clothing that provides equivalent protection while riding or being around WaveRunners and Jet Skis 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 wetsuit bottoms or equivalent clothing, I will be going against manufacturers’ requirements and putting myself at risk for injuries. I realize that I am subject to injury from this activity and that no form of preplanning can remove all of the danger to which we are exposing ourselves. Against the advice of MWS, the guide/instructor, numerous court cases and MWS’ insurance company, we are refusing this critical safety precaution.
SIGNER STATEMENT OF AWARENESS

I/we the undersigned have read the foregoing statement carefully before signing and do understand its warnings and assumption of risks.

Coconut Grove Kayaks Inc, Miami Catamarans Inc, Sea Sun Sports Inc, 305Watersports Inc DBA Miami Watersports; Miami Parasail; Miami Jet ski
hereinafter collectively referred to as “MIAMI WATERSPORTS “
PERPETUAL WAIVER AND RELEASE
(VALID FOR EACH AND EVERY DATE OF PARTICIPATION)

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 MIAMI WATERSPORTS 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 MIAMI WATERSPORTS 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 MIAMI WATERSPORTS, 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 to as follows:

1. I recognize and agree that: all risks can never be eliminated, and participating in the activities at MIAIM WATERSPORTS, 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.

2. On behalf of my minor child/children I fully, and forever waive, release and discharge MIAMI WATERSPORTS, 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 MIAMI WATERSPORTS, including claims involving their own negligence.

3. I agree to indemnify and hold harmless MIAMI WATERSPORTS, 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 MIAMI WATERSPORTS, including for claims alleging MIAMI WATERSPORTS’ own negligence.

4. 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 MIAMI WATERSPORTS, whether at the current location or any other location or facility.

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

Cancellation/ No refund Policy

[I AGREE] All bookings are final and non-refundable at the time of transaction. There may be delays in your scheduled departure depending if more time was needed to go over the safety protocol with the prior departures or due to weather conditions. If weather conditions change and do not permit the activity to operate, you will be provided with a non-expiring voucher which can be used to reschedule it for another day/time that is available. Vouchers are not transferrable. Miami Watersports has a strict NO REFUND POLICY, please be aware that you will not be receiving a refund regardless if the activity has to get cancelled due to weather; equipment failure or if you simply change your mind about doing it.

Storage of Personal Items

[I AGREE] Even though storage space may be available during some of the activities and our management will try their best to have it be locked; please be aware that Miami Watersports is not responsible for any lost; stolen or damaged personal items left at our facility, including inside of the storage boxes offered by us. We try to help out participants by offering a space to keep their items during their activities, but we highly recommend participants to not bring any valuables at our facility to prevent any issues.

Weight Limit

[I AGREE] The maximum weight limit for all activities is 275 lbs per participant unless otherwise specifically noted. Jet Ski maximum participant weight is 300 lbs per ski. Parasail maximum participant weight is 450 lbs per flight.

Jet Ski Damage Deposit

[I AGREE] If Jet Ski is returned with new damage, Miami Watersports has the right to hold on to the initial deposit paid upon check-in for repairs. If the jet ski is brought back in an unseaworthiness condition (meaning it cannot be rented out again without first being repaired for safety reasons), Miami watersports has the right to charge an additional amount up to $500 on top of the $250 initial deposit already paid (total $750). If jet ski is flipped over due to user error; initial $250 deposit will be kept and the ride may be terminated with no refund given. Driver is responsible for damage found on their ski, unless they can prove that they are not at fault. Cardholders who paid initial deposit for multiple skis will be responsible for payment of any damage done to the ski even though they may not have been the one driving. (Initial deposit $250/ ski; up to $500 additional charge per jet ski if brought back in an unseaworthiness condition).

Liability Waiver

[I AGREE] Prior to any activity, participants must complete a liability waiver and acknowledge the potential risk that exist while participating in our activities. Please be aware that the activities offered by Miami Watersports are considered “extreme sports” and may result in serious injuries due to the nature of the activities. Though not exhaustive, examples of the types of risks and potential injuries you could encounter in connection with your participation in water sports include fatigue, chill, shock and/or dizziness, loss of balance, loss of physical coordination, depression, and/or trauma/mental anguish.

Safety Instructions

[I AGREE] We require all participants to be very attentive during the instructor’s safety speech. Participants may not be on their phone or talking to their friend, full focus must be towards the instructor. The purpose of our safety speech is to instruct the participants how to use the equipment; safety features of the equipment; and the overall breakdown of all other aspects of the activity. At the end of the speech, if there are still any confusion towards any parts of the instructions, it is mandatory for participants to raise their hand and ask the instructor to explain it again until EVERYONE fully understands the guidelines. Injuries can be eliminated by listening and understanding thoroughly the speech prior to starting the activity.

Risk of Falling into the Water

[I AGREE] Please be aware that Miami Watersports does not allow any participants to purposefully jump into the water for fun. However, there is a possibility that participants will be getting splashed with water or even fall into the water due to the nature of the activity. A USCG life jacket will be readily available to every participant on the boat, and may be required to be worn at all times during most of our activities. A USCG approved life jacket will prevent participants for drowning, however, it is important to remain calm and allow one of our staff members to assist you without putting themselves in danger. Falling in the water by accident is not dangerous as long as participants follow the guidelines explained prior to the start of the activity.

Health Conditions / Pregnancy

[I AGREE] Due to the nature of our “extreme” activities, please be aware that participants must be physically fit and active. Any previous our current injuries must be taken into consideration such as broken/ fractured bone; bad knees/ back; heart problems; physical/ mental disabilities; muscle cramps; bruises; cuts; stiches; headaches and other medical conditions. Please ask a medical expert if you are uncertain about if your medical condition may be affected by your participation in our activities. On another note, anyone who is over 2-months pregnant is not allowed to participate for safety reasons. If participant(s) gets injured during one of the activities, we require them to inform a staff member immediately in order for our management to take the proper steps to assist.

Knowing How to Swim

[I AGREE] Participants must be comfortable being surrounded by water, and must be certain that they will not panic and stay under control if they happen to fall into the water. Due to participants being required to wear a life jacket at all time during activities with higher risk of falling into to water, participants do not need to know how to swim as long as they can confirm that they will not panic and be able to follow instructions by our staff member to get them back out of the water safely.

Alcohol/Drugs

[I AGREE] Participants may not be under the influence of any drugs/ alcohol upon both check-in and during any of the activities. If a participant is seen consuming alcohol/ taking drugs or assumed to be under the influence by one of our staff members, Miami Watersports reserves the right to terminate all activities for this person, and no refund will be provided due to failure of following our guidelines for safety reasons.

Participants Violating Guidelines

[I AGREE] Our instructors are responsible to explain the guidelines and safety rules to the participants. The instructor will only start the activity after confirming with all participants in the group that the rules/ safety guidelines have been fully understood. If one or more participants violate any of those guidelines, their ride will be terminated for safety reasons and they will not be receiving a refund.

Bumpy Boat Rides

[I AGREE] Depending on the weather conditions, there may be more waves than usual which may results in a bumpier ride than usual. Please take into consideration if you have any past injuries such as back/knee pain or any other physical injuries which may worsen due to the nature of the activities. If you are not sure if you are a good candidate for this activity, please consult your doctor as well as one of our staff members prior to signing up for the activity.

Over Time Charge

[I AGREE] If Kayak/ Paddle-Board is returned 5-min or later then initial duration paid for, the balance due at check-out will be rounded up to the next 30-min increment. If Jet Ski Rider(s) refuses to follow our staff instructions to head back to the departure point when their time is over; management reserves the right to charge up to an additional 1-hour jet ski ride to whoever was not following instructions as a penalty for not following the company’s guidelines, and affecting the ride of other people in the group.

Replacement Fee

[I AGREE] If participant damages or loses any of the equipment provided by Miami Watersports, a replacement/ repair fee will be charge to the participant.

Check-in for a Minor

[I AGREE] A parent or legal guardian is required to complete the online check-in process for any participant who is a minor (under 18years of age). Parent/ guardian must be present at check-in to confirm that they have completed the online check-in process for the minor(s). The parent/ guardian is responsible for explaining all of the rules & regulations to the minor(s), including the liability waiver. Miami Watersports requires all minors to be aware and understand all company rules and regulations prior to starting the activities.

Primary Adult Participant

Annabelle Lebaz

Date of Birth

January 16, 1951

Email

[email protected]

Phone

3053231898

Address

3820 el prado blvd
Miami, Fl 33133
United States

Drivers License/Government ID

Signature

 


 PARTICIPANT AGREEMENT, RELEASE AND ASSUMPTION OF RISK

In consideration of the services of Coconut Grove Kayaks Inc, Miami Catamarans Inc, Sea Sun Sports Inc, and 305 Watersports Inc DBA Miami Watersports, Miami Parasail, and Miami Jet Ski, 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, jet ski, jet boat, personal watercraft, kayak, paddleboard, flyboard, tubing, parasailing, windsurf, hobie cat, 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.

PROTECTIVE WETSUIT REFUSAL AGREEMENT

I, for myself and/or on behalf of my child or legal ward, have been fully warned and advised by Coconut Grove Kayaks Inc, Miami Catamarans Inc, Sea Sun Sports Inc, and 305 Watersports Inc DBA Miami Watersports, Miami Parasail, and Miami Jet Ski (hereinafter collectively referred to as “MWS”), that we should purchase and/or wear a properly fitted wetsuit bottoms or clothing that provides equivalent protection while riding or being around WaveRunners and Jet Skis 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 wetsuit bottoms or equivalent clothing, I will be going against manufacturers’ requirements and putting myself at risk for injuries. I realize that I am subject to injury from this activity and that no form of preplanning can remove all of the danger to which we are exposing ourselves. Against the advice of MWS, the guide/instructor, numerous court cases and MWS’ insurance company, we are refusing this critical safety precaution.
SIGNER STATEMENT OF AWARENESS

I/we the undersigned have read the foregoing statement carefully before signing and do understand its warnings and assumption of risks.

Coconut Grove Kayaks Inc, Miami Catamarans Inc, Sea Sun Sports Inc, 305Watersports Inc DBA Miami Watersports; Miami Parasail; Miami Jet ski
hereinafter collectively referred to as “MIAMI WATERSPORTS “
PERPETUAL WAIVER AND RELEASE
(VALID FOR EACH AND EVERY DATE OF PARTICIPATION)

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 MIAMI WATERSPORTS 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 MIAMI WATERSPORTS 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 MIAMI WATERSPORTS, 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 to as follows:

1. I recognize and agree that: all risks can never be eliminated, and participating in the activities at MIAIM WATERSPORTS, 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.

2. On behalf of my minor child/children I fully, and forever waive, release and discharge MIAMI WATERSPORTS, 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 MIAMI WATERSPORTS, including claims involving their own negligence.

3. I agree to indemnify and hold harmless MIAMI WATERSPORTS, 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 MIAMI WATERSPORTS, including for claims alleging MIAMI WATERSPORTS’ own negligence.

4. 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 MIAMI WATERSPORTS, whether at the current location or any other location or facility.

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

Cancellation/ No refund Policy

[I AGREE] All bookings are final and non-refundable at the time of transaction. There may be delays in your scheduled departure depending if more time was needed to go over the safety protocol with the prior departures or due to weather conditions. If weather conditions change and do not permit the activity to operate, you will be provided with a non-expiring voucher which can be used to reschedule it for another day/time that is available. Vouchers are not transferrable. Miami Watersports has a strict NO REFUND POLICY, please be aware that you will not be receiving a refund regardless if the activity has to get cancelled due to weather; equipment failure or if you simply change your mind about doing it.

Storage of Personal Items

[I AGREE] Even though storage space may be available during some of the activities and our management will try their best to have it be locked; please be aware that Miami Watersports is not responsible for any lost; stolen or damaged personal items left at our facility, including inside of the storage boxes offered by us. We try to help out participants by offering a space to keep their items during their activities, but we highly recommend participants to not bring any valuables at our facility to prevent any issues.

Weight Limit

[I AGREE] The maximum weight limit for all activities is 275 lbs per participant unless otherwise specifically noted. Jet Ski maximum participant weight is 300 lbs per ski. Parasail maximum participant weight is 450 lbs per flight.

Jet Ski Damage Deposit

[I AGREE] If Jet Ski is returned with new damage, Miami Watersports has the right to hold on to the initial deposit paid upon check-in for repairs. If the jet ski is brought back in an unseaworthiness condition (meaning it cannot be rented out again without first being repaired for safety reasons), Miami watersports has the right to charge an additional amount up to $500 on top of the $250 initial deposit already paid (total $750). If jet ski is flipped over due to user error; initial $250 deposit will be kept and the ride may be terminated with no refund given. Driver is responsible for damage found on their ski, unless they can prove that they are not at fault. Cardholders who paid initial deposit for multiple skis will be responsible for payment of any damage done to the ski even though they may not have been the one driving. (Initial deposit $250/ ski; up to $500 additional charge per jet ski if brought back in an unseaworthiness condition).

Liability Waiver

[I AGREE] Prior to any activity, participants must complete a liability waiver and acknowledge the potential risk that exist while participating in our activities. Please be aware that the activities offered by Miami Watersports are considered “extreme sports” and may result in serious injuries due to the nature of the activities. Though not exhaustive, examples of the types of risks and potential injuries you could encounter in connection with your participation in water sports include fatigue, chill, shock and/or dizziness, loss of balance, loss of physical coordination, depression, and/or trauma/mental anguish.

Safety Instructions

[I AGREE] We require all participants to be very attentive during the instructor’s safety speech. Participants may not be on their phone or talking to their friend, full focus must be towards the instructor. The purpose of our safety speech is to instruct the participants how to use the equipment; safety features of the equipment; and the overall breakdown of all other aspects of the activity. At the end of the speech, if there are still any confusion towards any parts of the instructions, it is mandatory for participants to raise their hand and ask the instructor to explain it again until EVERYONE fully understands the guidelines. Injuries can be eliminated by listening and understanding thoroughly the speech prior to starting the activity.

Risk of Falling into the Water

[I AGREE] Please be aware that Miami Watersports does not allow any participants to purposefully jump into the water for fun. However, there is a possibility that participants will be getting splashed with water or even fall into the water due to the nature of the activity. A USCG life jacket will be readily available to every participant on the boat, and may be required to be worn at all times during most of our activities. A USCG approved life jacket will prevent participants for drowning, however, it is important to remain calm and allow one of our staff members to assist you without putting themselves in danger. Falling in the water by accident is not dangerous as long as participants follow the guidelines explained prior to the start of the activity.

Health Conditions / Pregnancy

[I AGREE] Due to the nature of our “extreme” activities, please be aware that participants must be physically fit and active. Any previous our current injuries must be taken into consideration such as broken/ fractured bone; bad knees/ back; heart problems; physical/ mental disabilities; muscle cramps; bruises; cuts; stiches; headaches and other medical conditions. Please ask a medical expert if you are uncertain about if your medical condition may be affected by your participation in our activities. On another note, anyone who is over 2-months pregnant is not allowed to participate for safety reasons. If participant(s) gets injured during one of the activities, we require them to inform a staff member immediately in order for our management to take the proper steps to assist.

Knowing How to Swim

[I AGREE] Participants must be comfortable being surrounded by water, and must be certain that they will not panic and stay under control if they happen to fall into the water. Due to participants being required to wear a life jacket at all time during activities with higher risk of falling into to water, participants do not need to know how to swim as long as they can confirm that they will not panic and be able to follow instructions by our staff member to get them back out of the water safely.

Alcohol/Drugs

[I AGREE] Participants may not be under the influence of any drugs/ alcohol upon both check-in and during any of the activities. If a participant is seen consuming alcohol/ taking drugs or assumed to be under the influence by one of our staff members, Miami Watersports reserves the right to terminate all activities for this person, and no refund will be provided due to failure of following our guidelines for safety reasons.

Participants Violating Guidelines

[I AGREE] Our instructors are responsible to explain the guidelines and safety rules to the participants. The instructor will only start the activity after confirming with all participants in the group that the rules/ safety guidelines have been fully understood. If one or more participants violate any of those guidelines, their ride will be terminated for safety reasons and they will not be receiving a refund.

Bumpy Boat Rides

[I AGREE] Depending on the weather conditions, there may be more waves than usual which may results in a bumpier ride than usual. Please take into consideration if you have any past injuries such as back/knee pain or any other physical injuries which may worsen due to the nature of the activities. If you are not sure if you are a good candidate for this activity, please consult your doctor as well as one of our staff members prior to signing up for the activity.

Over Time Charge

[I AGREE] If Kayak/ Paddle-Board is returned 5-min or later then initial duration paid for, the balance due at check-out will be rounded up to the next 30-min increment. If Jet Ski Rider(s) refuses to follow our staff instructions to head back to the departure point when their time is over; management reserves the right to charge up to an additional 1-hour jet ski ride to whoever was not following instructions as a penalty for not following the company’s guidelines, and affecting the ride of other people in the group.

Replacement Fee

[I AGREE] If participant damages or loses any of the equipment provided by Miami Watersports, a replacement/ repair fee will be charge to the participant.

Check-in for a Minor

[I AGREE] A parent or legal guardian is required to complete the online check-in process for any participant who is a minor (under 18years of age). Parent/ guardian must be present at check-in to confirm that they have completed the online check-in process for the minor(s). The parent/ guardian is responsible for explaining all of the rules & regulations to the minor(s), including the liability waiver. Miami Watersports requires all minors to be aware and understand all company rules and regulations prior to starting the activities.

Primary Adult Participant

Robert Hadland

Date of Birth

March 14, 1970

Email

[email protected]

Phone

13057819720

Address

9353 SW 221 WAY
CUTLER BAY, Florida 33190
United States

Drivers License/Government ID

Signature

 


 PARTICIPANT AGREEMENT, RELEASE AND ASSUMPTION OF RISK

In consideration of the services of Coconut Grove Kayaks Inc, Miami Catamarans Inc, Sea Sun Sports Inc, and 305 Watersports Inc DBA Miami Watersports, Miami Parasail, and Miami Jet Ski, 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, jet ski, jet boat, personal watercraft, kayak, paddleboard, flyboard, tubing, parasailing, windsurf, hobie cat, 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.

PROTECTIVE WETSUIT REFUSAL AGREEMENT

I, for myself and/or on behalf of my child or legal ward, have been fully warned and advised by Coconut Grove Kayaks Inc, Miami Catamarans Inc, Sea Sun Sports Inc, and 305 Watersports Inc DBA Miami Watersports, Miami Parasail, and Miami Jet Ski (hereinafter collectively referred to as “MWS”), that we should purchase and/or wear a properly fitted wetsuit bottoms or clothing that provides equivalent protection while riding or being around WaveRunners and Jet Skis 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 wetsuit bottoms or equivalent clothing, I will be going against manufacturers’ requirements and putting myself at risk for injuries. I realize that I am subject to injury from this activity and that no form of preplanning can remove all of the danger to which we are exposing ourselves. Against the advice of MWS, the guide/instructor, numerous court cases and MWS’ insurance company, we are refusing this critical safety precaution.
SIGNER STATEMENT OF AWARENESS

I/we the undersigned have read the foregoing statement carefully before signing and do understand its warnings and assumption of risks.

Coconut Grove Kayaks Inc, Miami Catamarans Inc, Sea Sun Sports Inc, 305Watersports Inc DBA Miami Watersports; Miami Parasail; Miami Jet ski
hereinafter collectively referred to as “MIAMI WATERSPORTS “
PERPETUAL WAIVER AND RELEASE
(VALID FOR EACH AND EVERY DATE OF PARTICIPATION)

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 MIAMI WATERSPORTS 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 MIAMI WATERSPORTS 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 MIAMI WATERSPORTS, 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 to as follows:

1. I recognize and agree that: all risks can never be eliminated, and participating in the activities at MIAIM WATERSPORTS, 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.

2. On behalf of my minor child/children I fully, and forever waive, release and discharge MIAMI WATERSPORTS, 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 MIAMI WATERSPORTS, including claims involving their own negligence.

3. I agree to indemnify and hold harmless MIAMI WATERSPORTS, 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 MIAMI WATERSPORTS, including for claims alleging MIAMI WATERSPORTS’ own negligence.

4. 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 MIAMI WATERSPORTS, whether at the current location or any other location or facility.

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

Cancellation/ No refund Policy

[I AGREE] All bookings are final and non-refundable at the time of transaction. There may be delays in your scheduled departure depending if more time was needed to go over the safety protocol with the prior departures or due to weather conditions. If weather conditions change and do not permit the activity to operate, you will be provided with a non-expiring voucher which can be used to reschedule it for another day/time that is available. Vouchers are not transferrable. Miami Watersports has a strict NO REFUND POLICY, please be aware that you will not be receiving a refund regardless if the activity has to get cancelled due to weather; equipment failure or if you simply change your mind about doing it.

Storage of Personal Items

[I AGREE] Even though storage space may be available during some of the activities and our management will try their best to have it be locked; please be aware that Miami Watersports is not responsible for any lost; stolen or damaged personal items left at our facility, including inside of the storage boxes offered by us. We try to help out participants by offering a space to keep their items during their activities, but we highly recommend participants to not bring any valuables at our facility to prevent any issues.

Weight Limit

[I AGREE] The maximum weight limit for all activities is 275 lbs per participant unless otherwise specifically noted. Jet Ski maximum participant weight is 300 lbs per ski. Parasail maximum participant weight is 450 lbs per flight.

Jet Ski Damage Deposit

[I AGREE] If Jet Ski is returned with new damage, Miami Watersports has the right to hold on to the initial deposit paid upon check-in for repairs. If the jet ski is brought back in an unseaworthiness condition (meaning it cannot be rented out again without first being repaired for safety reasons), Miami watersports has the right to charge an additional amount up to $500 on top of the $250 initial deposit already paid (total $750). If jet ski is flipped over due to user error; initial $250 deposit will be kept and the ride may be terminated with no refund given. Driver is responsible for damage found on their ski, unless they can prove that they are not at fault. Cardholders who paid initial deposit for multiple skis will be responsible for payment of any damage done to the ski even though they may not have been the one driving. (Initial deposit $250/ ski; up to $500 additional charge per jet ski if brought back in an unseaworthiness condition).

Liability Waiver

[I AGREE] Prior to any activity, participants must complete a liability waiver and acknowledge the potential risk that exist while participating in our activities. Please be aware that the activities offered by Miami Watersports are considered “extreme sports” and may result in serious injuries due to the nature of the activities. Though not exhaustive, examples of the types of risks and potential injuries you could encounter in connection with your participation in water sports include fatigue, chill, shock and/or dizziness, loss of balance, loss of physical coordination, depression, and/or trauma/mental anguish.

Safety Instructions

[I AGREE] We require all participants to be very attentive during the instructor’s safety speech. Participants may not be on their phone or talking to their friend, full focus must be towards the instructor. The purpose of our safety speech is to instruct the participants how to use the equipment; safety features of the equipment; and the overall breakdown of all other aspects of the activity. At the end of the speech, if there are still any confusion towards any parts of the instructions, it is mandatory for participants to raise their hand and ask the instructor to explain it again until EVERYONE fully understands the guidelines. Injuries can be eliminated by listening and understanding thoroughly the speech prior to starting the activity.

Risk of Falling into the Water

[I AGREE] Please be aware that Miami Watersports does not allow any participants to purposefully jump into the water for fun. However, there is a possibility that participants will be getting splashed with water or even fall into the water due to the nature of the activity. A USCG life jacket will be readily available to every participant on the boat, and may be required to be worn at all times during most of our activities. A USCG approved life jacket will prevent participants for drowning, however, it is important to remain calm and allow one of our staff members to assist you without putting themselves in danger. Falling in the water by accident is not dangerous as long as participants follow the guidelines explained prior to the start of the activity.

Health Conditions / Pregnancy

[I AGREE] Due to the nature of our “extreme” activities, please be aware that participants must be physically fit and active. Any previous our current injuries must be taken into consideration such as broken/ fractured bone; bad knees/ back; heart problems; physical/ mental disabilities; muscle cramps; bruises; cuts; stiches; headaches and other medical conditions. Please ask a medical expert if you are uncertain about if your medical condition may be affected by your participation in our activities. On another note, anyone who is over 2-months pregnant is not allowed to participate for safety reasons. If participant(s) gets injured during one of the activities, we require them to inform a staff member immediately in order for our management to take the proper steps to assist.

Knowing How to Swim

[I AGREE] Participants must be comfortable being surrounded by water, and must be certain that they will not panic and stay under control if they happen to fall into the water. Due to participants being required to wear a life jacket at all time during activities with higher risk of falling into to water, participants do not need to know how to swim as long as they can confirm that they will not panic and be able to follow instructions by our staff member to get them back out of the water safely.

Alcohol/Drugs

[I AGREE] Participants may not be under the influence of any drugs/ alcohol upon both check-in and during any of the activities. If a participant is seen consuming alcohol/ taking drugs or assumed to be under the influence by one of our staff members, Miami Watersports reserves the right to terminate all activities for this person, and no refund will be provided due to failure of following our guidelines for safety reasons.

Participants Violating Guidelines

[I AGREE] Our instructors are responsible to explain the guidelines and safety rules to the participants. The instructor will only start the activity after confirming with all participants in the group that the rules/ safety guidelines have been fully understood. If one or more participants violate any of those guidelines, their ride will be terminated for safety reasons and they will not be receiving a refund.

Bumpy Boat Rides

[I AGREE] Depending on the weather conditions, there may be more waves than usual which may results in a bumpier ride than usual. Please take into consideration if you have any past injuries such as back/knee pain or any other physical injuries which may worsen due to the nature of the activities. If you are not sure if you are a good candidate for this activity, please consult your doctor as well as one of our staff members prior to signing up for the activity.

Over Time Charge

[I AGREE] If Kayak/ Paddle-Board is returned 5-min or later then initial duration paid for, the balance due at check-out will be rounded up to the next 30-min increment. If Jet Ski Rider(s) refuses to follow our staff instructions to head back to the departure point when their time is over; management reserves the right to charge up to an additional 1-hour jet ski ride to whoever was not following instructions as a penalty for not following the company’s guidelines, and affecting the ride of other people in the group.

Replacement Fee

[I AGREE] If participant damages or loses any of the equipment provided by Miami Watersports, a replacement/ repair fee will be charge to the participant.

Check-in for a Minor

[I AGREE] A parent or legal guardian is required to complete the online check-in process for any participant who is a minor (under 18years of age). Parent/ guardian must be present at check-in to confirm that they have completed the online check-in process for the minor(s). The parent/ guardian is responsible for explaining all of the rules & regulations to the minor(s), including the liability waiver. Miami Watersports requires all minors to be aware and understand all company rules and regulations prior to starting the activities.

Primary Adult Participant

Yeah Test

Date of Birth

January 11, 1951

Email

[email protected]

Phone

13057819720

Address

9353 SW 221 WAY
CUTLER BAY, FL 33190
United States

Drivers License/Government ID

Signature

 


 PARTICIPANT AGREEMENT, RELEASE AND ASSUMPTION OF RISK

In consideration of the services of Coconut Grove Kayaks Inc, Miami Catamarans Inc, Sea Sun Sports Inc, and 305 Watersports Inc DBA Miami Watersports, Miami Parasail, and Miami Jet Ski, 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, jet ski, jet boat, personal watercraft, kayak, paddleboard, flyboard, tubing, parasailing, windsurf, hobie cat, 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.

PROTECTIVE WETSUIT REFUSAL AGREEMENT

I, for myself and/or on behalf of my child or legal ward, have been fully warned and advised by Coconut Grove Kayaks Inc, Miami Catamarans Inc, Sea Sun Sports Inc, and 305 Watersports Inc DBA Miami Watersports, Miami Parasail, and Miami Jet Ski (hereinafter collectively referred to as “MWS”), that we should purchase and/or wear a properly fitted wetsuit bottoms or clothing that provides equivalent protection while riding or being around WaveRunners and Jet Skis 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 wetsuit bottoms or equivalent clothing, I will be going against manufacturers’ requirements and putting myself at risk for injuries. I realize that I am subject to injury from this activity and that no form of preplanning can remove all of the danger to which we are exposing ourselves. Against the advice of MWS, the guide/instructor, numerous court cases and MWS’ insurance company, we are refusing this critical safety precaution.
SIGNER STATEMENT OF AWARENESS

I/we the undersigned have read the foregoing statement carefully before signing and do understand its warnings and assumption of risks.

Coconut Grove Kayaks Inc, Miami Catamarans Inc, Sea Sun Sports Inc, 305Watersports Inc DBA Miami Watersports; Miami Parasail; Miami Jet ski
hereinafter collectively referred to as “MIAMI WATERSPORTS “
PERPETUAL WAIVER AND RELEASE
(VALID FOR EACH AND EVERY DATE OF PARTICIPATION)

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 MIAMI WATERSPORTS 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 MIAMI WATERSPORTS 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 MIAMI WATERSPORTS, 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 to as follows:

1. I recognize and agree that: all risks can never be eliminated, and participating in the activities at MIAIM WATERSPORTS, 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.

2. On behalf of my minor child/children I fully, and forever waive, release and discharge MIAMI WATERSPORTS, 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 MIAMI WATERSPORTS, including claims involving their own negligence.

3. I agree to indemnify and hold harmless MIAMI WATERSPORTS, 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 MIAMI WATERSPORTS, including for claims alleging MIAMI WATERSPORTS’ own negligence.

4. 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 MIAMI WATERSPORTS, whether at the current location or any other location or facility.

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

Cancellation/ No refund Policy

[I AGREE] All bookings are final and non-refundable at the time of transaction. There may be delays in your scheduled departure depending if more time was needed to go over the safety protocol with the prior departures or due to weather conditions. If weather conditions change and do not permit the activity to operate, you will be provided with a non-expiring voucher which can be used to reschedule it for another day/time that is available. Vouchers are not transferrable. Miami Watersports has a strict NO REFUND POLICY, please be aware that you will not be receiving a refund regardless if the activity has to get cancelled due to weather; equipment failure or if you simply change your mind about doing it.

Storage of Personal Items

[I AGREE] Even though storage space may be available during some of the activities and our management will try their best to have it be locked; please be aware that Miami Watersports is not responsible for any lost; stolen or damaged personal items left at our facility, including inside of the storage boxes offered by us. We try to help out participants by offering a space to keep their items during their activities, but we highly recommend participants to not bring any valuables at our facility to prevent any issues.

Weight Limit

[I AGREE] The maximum weight limit for all activities is 275 lbs per participant unless otherwise specifically noted. Jet Ski maximum participant weight is 300 lbs per ski. Parasail maximum participant weight is 450 lbs per flight.

Jet Ski Damage Deposit

[I AGREE] If Jet Ski is returned with new damage, Miami Watersports has the right to hold on to the initial deposit paid upon check-in for repairs. If the jet ski is brought back in an unseaworthiness condition (meaning it cannot be rented out again without first being repaired for safety reasons), Miami watersports has the right to charge an additional amount up to $500 on top of the $250 initial deposit already paid (total $750). If jet ski is flipped over due to user error; initial $250 deposit will be kept and the ride may be terminated with no refund given. Driver is responsible for damage found on their ski, unless they can prove that they are not at fault. Cardholders who paid initial deposit for multiple skis will be responsible for payment of any damage done to the ski even though they may not have been the one driving. (Initial deposit $250/ ski; up to $500 additional charge per jet ski if brought back in an unseaworthiness condition).

Liability Waiver

[I AGREE] Prior to any activity, participants must complete a liability waiver and acknowledge the potential risk that exist while participating in our activities. Please be aware that the activities offered by Miami Watersports are considered “extreme sports” and may result in serious injuries due to the nature of the activities. Though not exhaustive, examples of the types of risks and potential injuries you could encounter in connection with your participation in water sports include fatigue, chill, shock and/or dizziness, loss of balance, loss of physical coordination, depression, and/or trauma/mental anguish.

Safety Instructions

[I AGREE] We require all participants to be very attentive during the instructor’s safety speech. Participants may not be on their phone or talking to their friend, full focus must be towards the instructor. The purpose of our safety speech is to instruct the participants how to use the equipment; safety features of the equipment; and the overall breakdown of all other aspects of the activity. At the end of the speech, if there are still any confusion towards any parts of the instructions, it is mandatory for participants to raise their hand and ask the instructor to explain it again until EVERYONE fully understands the guidelines. Injuries can be eliminated by listening and understanding thoroughly the speech prior to starting the activity.

Risk of Falling into the Water

[I AGREE] Please be aware that Miami Watersports does not allow any participants to purposefully jump into the water for fun. However, there is a possibility that participants will be getting splashed with water or even fall into the water due to the nature of the activity. A USCG life jacket will be readily available to every participant on the boat, and may be required to be worn at all times during most of our activities. A USCG approved life jacket will prevent participants for drowning, however, it is important to remain calm and allow one of our staff members to assist you without putting themselves in danger. Falling in the water by accident is not dangerous as long as participants follow the guidelines explained prior to the start of the activity.

Health Conditions / Pregnancy

[I AGREE] Due to the nature of our “extreme” activities, please be aware that participants must be physically fit and active. Any previous our current injuries must be taken into consideration such as broken/ fractured bone; bad knees/ back; heart problems; physical/ mental disabilities; muscle cramps; bruises; cuts; stiches; headaches and other medical conditions. Please ask a medical expert if you are uncertain about if your medical condition may be affected by your participation in our activities. On another note, anyone who is over 2-months pregnant is not allowed to participate for safety reasons. If participant(s) gets injured during one of the activities, we require them to inform a staff member immediately in order for our management to take the proper steps to assist.

Knowing How to Swim

[I AGREE] Participants must be comfortable being surrounded by water, and must be certain that they will not panic and stay under control if they happen to fall into the water. Due to participants being required to wear a life jacket at all time during activities with higher risk of falling into to water, participants do not need to know how to swim as long as they can confirm that they will not panic and be able to follow instructions by our staff member to get them back out of the water safely.

Alcohol/Drugs

[I AGREE] Participants may not be under the influence of any drugs/ alcohol upon both check-in and during any of the activities. If a participant is seen consuming alcohol/ taking drugs or assumed to be under the influence by one of our staff members, Miami Watersports reserves the right to terminate all activities for this person, and no refund will be provided due to failure of following our guidelines for safety reasons.

Participants Violating Guidelines

[I AGREE] Our instructors are responsible to explain the guidelines and safety rules to the participants. The instructor will only start the activity after confirming with all participants in the group that the rules/ safety guidelines have been fully understood. If one or more participants violate any of those guidelines, their ride will be terminated for safety reasons and they will not be receiving a refund.

Bumpy Boat Rides

[I AGREE] Depending on the weather conditions, there may be more waves than usual which may results in a bumpier ride than usual. Please take into consideration if you have any past injuries such as back/knee pain or any other physical injuries which may worsen due to the nature of the activities. If you are not sure if you are a good candidate for this activity, please consult your doctor as well as one of our staff members prior to signing up for the activity.

Over Time Charge

[I AGREE] If Kayak/ Paddle-Board is returned 5-min or later then initial duration paid for, the balance due at check-out will be rounded up to the next 30-min increment. If Jet Ski Rider(s) refuses to follow our staff instructions to head back to the departure point when their time is over; management reserves the right to charge up to an additional 1-hour jet ski ride to whoever was not following instructions as a penalty for not following the company’s guidelines, and affecting the ride of other people in the group.

Replacement Fee

[I AGREE] If participant damages or loses any of the equipment provided by Miami Watersports, a replacement/ repair fee will be charge to the participant.

Check-in for a Minor

[I AGREE] A parent or legal guardian is required to complete the online check-in process for any participant who is a minor (under 18years of age). Parent/ guardian must be present at check-in to confirm that they have completed the online check-in process for the minor(s). The parent/ guardian is responsible for explaining all of the rules & regulations to the minor(s), including the liability waiver. Miami Watersports requires all minors to be aware and understand all company rules and regulations prior to starting the activities.

Primary Adult Participant

Robert Yeah

Date of Birth

January 11, 1951

Email

[email protected]

Phone

13057819720

Address

9353 SW 221 WAY
CUTLER BAY, FL 33190
United States

Drivers License/Government ID

Signature

 


 PARTICIPANT AGREEMENT, RELEASE AND ASSUMPTION OF RISK

In consideration of the services of Coconut Grove Kayaks Inc, Miami Catamarans Inc, Sea Sun Sports Inc, and 305 Watersports Inc DBA Miami Watersports, Miami Parasail, and Miami Jet Ski, 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, jet ski, jet boat, personal watercraft, kayak, paddleboard, flyboard, tubing, parasailing, windsurf, hobie cat, 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.

PROTECTIVE WETSUIT REFUSAL AGREEMENT

I, for myself and/or on behalf of my child or legal ward, have been fully warned and advised by Coconut Grove Kayaks Inc, Miami Catamarans Inc, Sea Sun Sports Inc, and 305 Watersports Inc DBA Miami Watersports, Miami Parasail, and Miami Jet Ski (hereinafter collectively referred to as “MWS”), that we should purchase and/or wear a properly fitted wetsuit bottoms or clothing that provides equivalent protection while riding or being around WaveRunners and Jet Skis 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 wetsuit bottoms or equivalent clothing, I will be going against manufacturers’ requirements and putting myself at risk for injuries. I realize that I am subject to injury from this activity and that no form of preplanning can remove all of the danger to which we are exposing ourselves. Against the advice of MWS, the guide/instructor, numerous court cases and MWS’ insurance company, we are refusing this critical safety precaution.
SIGNER STATEMENT OF AWARENESS

I/we the undersigned have read the foregoing statement carefully before signing and do understand its warnings and assumption of risks.

Coconut Grove Kayaks Inc, Miami Catamarans Inc, Sea Sun Sports Inc, 305Watersports Inc DBA Miami Watersports; Miami Parasail; Miami Jet ski
hereinafter collectively referred to as “MIAMI WATERSPORTS “
PERPETUAL WAIVER AND RELEASE
(VALID FOR EACH AND EVERY DATE OF PARTICIPATION)

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 MIAMI WATERSPORTS 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 MIAMI WATERSPORTS 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 MIAMI WATERSPORTS, 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 to as follows:

1. I recognize and agree that: all risks can never be eliminated, and participating in the activities at MIAIM WATERSPORTS, 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.

2. On behalf of my minor child/children I fully, and forever waive, release and discharge MIAMI WATERSPORTS, 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 MIAMI WATERSPORTS, including claims involving their own negligence.

3. I agree to indemnify and hold harmless MIAMI WATERSPORTS, 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 MIAMI WATERSPORTS, including for claims alleging MIAMI WATERSPORTS’ own negligence.

4. 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 MIAMI WATERSPORTS, whether at the current location or any other location or facility.

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

Cancellation/ No refund Policy

[I AGREE] All bookings are final and non-refundable at the time of transaction. There may be delays in your scheduled departure depending if more time was needed to go over the safety protocol with the prior departures or due to weather conditions. If weather conditions change and do not permit the activity to operate, you will be provided with a non-expiring voucher which can be used to reschedule it for another day/time that is available. Vouchers are not transferrable. Miami Watersports has a strict NO REFUND POLICY, please be aware that you will not be receiving a refund regardless if the activity has to get cancelled due to weather; equipment failure or if you simply change your mind about doing it.

Storage of Personal Items

[I AGREE] Even though storage space may be available during some of the activities and our management will try their best to have it be locked; please be aware that Miami Watersports is not responsible for any lost; stolen or damaged personal items left at our facility, including inside of the storage boxes offered by us. We try to help out participants by offering a space to keep their items during their activities, but we highly recommend participants to not bring any valuables at our facility to prevent any issues.

Weight Limit

[I AGREE] The maximum weight limit for all activities is 275 lbs per participant unless otherwise specifically noted. Jet Ski maximum participant weight is 300 lbs per ski. Parasail maximum participant weight is 450 lbs per flight.

Jet Ski Damage Deposit

[I AGREE] If Jet Ski is returned with new damage, Miami Watersports has the right to hold on to the initial deposit paid upon check-in for repairs. If the jet ski is brought back in an unseaworthiness condition (meaning it cannot be rented out again without first being repaired for safety reasons), Miami watersports has the right to charge an additional amount up to $500 on top of the $250 initial deposit already paid (total $750). If jet ski is flipped over due to user error; initial $250 deposit will be kept and the ride may be terminated with no refund given. Driver is responsible for damage found on their ski, unless they can prove that they are not at fault. Cardholders who paid initial deposit for multiple skis will be responsible for payment of any damage done to the ski even though they may not have been the one driving. (Initial deposit $250/ ski; up to $500 additional charge per jet ski if brought back in an unseaworthiness condition).

Liability Waiver

[I AGREE] Prior to any activity, participants must complete a liability waiver and acknowledge the potential risk that exist while participating in our activities. Please be aware that the activities offered by Miami Watersports are considered “extreme sports” and may result in serious injuries due to the nature of the activities. Though not exhaustive, examples of the types of risks and potential injuries you could encounter in connection with your participation in water sports include fatigue, chill, shock and/or dizziness, loss of balance, loss of physical coordination, depression, and/or trauma/mental anguish.

Safety Instructions

[I AGREE] We require all participants to be very attentive during the instructor’s safety speech. Participants may not be on their phone or talking to their friend, full focus must be towards the instructor. The purpose of our safety speech is to instruct the participants how to use the equipment; safety features of the equipment; and the overall breakdown of all other aspects of the activity. At the end of the speech, if there are still any confusion towards any parts of the instructions, it is mandatory for participants to raise their hand and ask the instructor to explain it again until EVERYONE fully understands the guidelines. Injuries can be eliminated by listening and understanding thoroughly the speech prior to starting the activity.

Risk of Falling into the Water

[I AGREE] Please be aware that Miami Watersports does not allow any participants to purposefully jump into the water for fun. However, there is a possibility that participants will be getting splashed with water or even fall into the water due to the nature of the activity. A USCG life jacket will be readily available to every participant on the boat, and may be required to be worn at all times during most of our activities. A USCG approved life jacket will prevent participants for drowning, however, it is important to remain calm and allow one of our staff members to assist you without putting themselves in danger. Falling in the water by accident is not dangerous as long as participants follow the guidelines explained prior to the start of the activity.

Health Conditions / Pregnancy

[I AGREE] Due to the nature of our “extreme” activities, please be aware that participants must be physically fit and active. Any previous our current injuries must be taken into consideration such as broken/ fractured bone; bad knees/ back; heart problems; physical/ mental disabilities; muscle cramps; bruises; cuts; stiches; headaches and other medical conditions. Please ask a medical expert if you are uncertain about if your medical condition may be affected by your participation in our activities. On another note, anyone who is over 2-months pregnant is not allowed to participate for safety reasons. If participant(s) gets injured during one of the activities, we require them to inform a staff member immediately in order for our management to take the proper steps to assist.

Knowing How to Swim

[I AGREE] Participants must be comfortable being surrounded by water, and must be certain that they will not panic and stay under control if they happen to fall into the water. Due to participants being required to wear a life jacket at all time during activities with higher risk of falling into to water, participants do not need to know how to swim as long as they can confirm that they will not panic and be able to follow instructions by our staff member to get them back out of the water safely.

Alcohol/Drugs

[I AGREE] Participants may not be under the influence of any drugs/ alcohol upon both check-in and during any of the activities. If a participant is seen consuming alcohol/ taking drugs or assumed to be under the influence by one of our staff members, Miami Watersports reserves the right to terminate all activities for this person, and no refund will be provided due to failure of following our guidelines for safety reasons.

Participants Violating Guidelines

[I AGREE] Our instructors are responsible to explain the guidelines and safety rules to the participants. The instructor will only start the activity after confirming with all participants in the group that the rules/ safety guidelines have been fully understood. If one or more participants violate any of those guidelines, their ride will be terminated for safety reasons and they will not be receiving a refund.

Bumpy Boat Rides

[I AGREE] Depending on the weather conditions, there may be more waves than usual which may results in a bumpier ride than usual. Please take into consideration if you have any past injuries such as back/knee pain or any other physical injuries which may worsen due to the nature of the activities. If you are not sure if you are a good candidate for this activity, please consult your doctor as well as one of our staff members prior to signing up for the activity.

Over Time Charge

[I AGREE] If Kayak/ Paddle-Board is returned 5-min or later then initial duration paid for, the balance due at check-out will be rounded up to the next 30-min increment. If Jet Ski Rider(s) refuses to follow our staff instructions to head back to the departure point when their time is over; management reserves the right to charge up to an additional 1-hour jet ski ride to whoever was not following instructions as a penalty for not following the company’s guidelines, and affecting the ride of other people in the group.

Replacement Fee

[I AGREE] If participant damages or loses any of the equipment provided by Miami Watersports, a replacement/ repair fee will be charge to the participant.

Check-in for a Minor

[I AGREE] A parent or legal guardian is required to complete the online check-in process for any participant who is a minor (under 18years of age). Parent/ guardian must be present at check-in to confirm that they have completed the online check-in process for the minor(s). The parent/ guardian is responsible for explaining all of the rules & regulations to the minor(s), including the liability waiver. Miami Watersports requires all minors to be aware and understand all company rules and regulations prior to starting the activities.

Primary Adult Participant

Yeah Yeah

Date of Birth

January 10, 1951

Email

[email protected]

Phone

13057819720

Address

9353 SW 221 WAY
CUTLER BAY, FL 33190
United States

Drivers License/Government ID

Signature