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LIABILITY RELEASE AND PASSENGER AGREEMENT

Today's Date: March 19, 2024

NOTICE: THIS IS A BINDING LEGAL CONTRACT.  PLEASE READ CAREFULLY.

In consideration for Kraken Cycleboats, LLC (“Kraken”) allowing me to participate in an excursion on a cycleboat (the “Vessel”), I, on behalf of myself, my heirs and personal representatives, and any minor children to whom I am a parent, legal guardian, or otherwise have care and custody, hereby execute and deliver this Liability Release and Passenger Agreement (this “Agreement”) in favor of Kraken.

Acceptance of Risk

I acknowledge that participation in the excursion has inherent risks that may result in bodily injury, sickness, death, or property damage, including but not limited to the following:

-Unanticipated changes in weather or water conditions;
-Conduct of third parties at the launch or landing areas;
-Conduct by other vessels on the water;
-Conditions at the launch and landing areas;
-Conditions during boarding or disembarkation of the Vessel;
-Exacerbation of medical conditions resulting from physical exertion;
-Falling into the water; and
-Falling or slipping due to wet conditions or rough waters. 

I understand that these risks cannot be completely eliminated without fundamentally altering the unique experience provided by the Vessel.  I freely and knowingly accept all risk of bodily injury, sickness, death, property damage, and related expenses.  Furthermore, I expressly assume all risk for any bodily injury, sickness, death, property damage, and related expenses resulting from my failure to use the provided personal flotation devices or from my consumption of alcohol while on the Vessel.

RELEASE

BY SIGNING THIS AGREEMENT, I HEREBY RELEASE, FOREVER DISCHARGE, AND AGREE TO HOLD KRAKEN, ITS VESSELS, MEMBERS, MANAGERS, EMPLOYEES, CREW, CONTRACTORS, AGENTS AND AFFILIATES (THE “RELEASED PARTIES”) HARMLESS FROM ANY AND ALL LIABILITY, CLAIMS OR DEMANDS FOR PERSONAL INJURY, SICKNESS, DEATH, PROPERTY DAMAGE AND RELATED EXPENSES, OF ANY KIND WHATSOEVER, WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASED PARTIES OR OTHERWISE.

Indemnification

I further agree to indemnify and hold Kraken, its vessels, members, managers, employees, crew, contractors, agents, and affiliates, harmless from any liability sustained by me or by third parties, including but not limited to operators and other passengers of the Vessel, passengers in other vessels, bystanders at the launch and landing areas, and any minor children under my care, custody, and control, as the result of my negligent, willful or intentional acts or omissions, including any actions taken while intoxicated, and all expenses incurred attendant thereto.  I agree that I am responsible for the repair cost and any losses resulting from any damage to the Vessel that is caused by my negligent, willful or intentional acts or omissions.

Representations and Acknowledgments

I am at least 18 years of age, or, if I have minor children in my party, I am at least 25 years of age.  All minor children in my party, if any, are listed by name at the bottom of this Agreement, and each meets Kraken’s passenger requirements.  I expressly agree to the Acceptance of Risk and Release provisions of this Agreement on behalf of myself and any minor children to whom I am a parent, legal guardian, or otherwise have care and custody, and my heirs and personal representatives.  I am not aware of any medical condition or limitation that would prevent me from using the Vessel in its ordinary and intended manner.  I understand that any failure to follow posted rules or the instructions of Vessel operators may lead to early termination of my voyage without a refund.  I understand that I must be at least 21 years of age to consume alcoholic beverages.

Interpretation and Governing Law

The provisions of this Agreement are intended to be construed as broadly and inclusively as permitted by applicable law.  Any portion held invalid shall be reformed to the least degree necessary so that it is valid.  Invalidity of any portion of this Agreement shall not affect the validity of any other portion of this Agreement.  This Agreement shall be governed by the law of the State of Florida, without giving effect to its conflict of laws principles. 

Arbitration of Disputes

I agree to submit to arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules any dispute arising out of or relating to this Agreement that cannot be settled by informal mediation.  The place of arbitration shall be Tampa, Florida.  The arbitration panel shall consist of three (3) neutral arbitrators. Judgment on the award rendered by the arbitrators may be entered in any court having jurisdiction thereof.

First Participant's Name

First Name*

Last Name*

Phone*
First Participant's Date of Birth*
First Participant's Information

Optional Publicity Release

I grant Kraken, its members, managers, employees, contractors, agents, vendors, and affiliates, permission to use photographs, video, and audio recordings (digital and otherwise), as well as likenesses and names, of myself and any minor children under my care, custody, and control, for Kraken's promotional purposes in any media, including but not limited to print and online publication. I grant this permission in consideration for my participation on my voyage and such other consideration, if any, provided by Kraken, and waive any claim to further compensation.
I do not grant Kraken, its members, managers, employees, contractors, agents, vendors, and affiliates, permission to use photographs, video, and audio recordings (digital and otherwise), as well as likenesses and names, of myself and any minor children under my care, custody, and control, for Kraken's promotional purposes in any media, including but not limited to print and online publication.

Names of Children in Party (if any):
First Participant's Signature*
Second Participant's Name

First Name*

Last Name*
Second Participant's Date of Birth*
Second Participant's Information

Optional Publicity Release

I grant Kraken, its members, managers, employees, contractors, agents, vendors, and affiliates, permission to use photographs, video, and audio recordings (digital and otherwise), as well as likenesses and names, of myself and any minor children under my care, custody, and control, for Kraken's promotional purposes in any media, including but not limited to print and online publication. I grant this permission in consideration for my participation on my voyage and such other consideration, if any, provided by Kraken, and waive any claim to further compensation.
I do not grant Kraken, its members, managers, employees, contractors, agents, vendors, and affiliates, permission to use photographs, video, and audio recordings (digital and otherwise), as well as likenesses and names, of myself and any minor children under my care, custody, and control, for Kraken's promotional purposes in any media, including but not limited to print and online publication.

Names of Children in Party (if any):
Third Participant's Name

First Name*

Last Name*
Third Participant's Date of Birth*
Third Participant's Information

Optional Publicity Release

I grant Kraken, its members, managers, employees, contractors, agents, vendors, and affiliates, permission to use photographs, video, and audio recordings (digital and otherwise), as well as likenesses and names, of myself and any minor children under my care, custody, and control, for Kraken's promotional purposes in any media, including but not limited to print and online publication. I grant this permission in consideration for my participation on my voyage and such other consideration, if any, provided by Kraken, and waive any claim to further compensation.
I do not grant Kraken, its members, managers, employees, contractors, agents, vendors, and affiliates, permission to use photographs, video, and audio recordings (digital and otherwise), as well as likenesses and names, of myself and any minor children under my care, custody, and control, for Kraken's promotional purposes in any media, including but not limited to print and online publication.

Names of Children in Party (if any):
Fourth Participant's Name

First Name*

Last Name*
Fourth Participant's Date of Birth*
Fourth Participant's Information

Optional Publicity Release

I grant Kraken, its members, managers, employees, contractors, agents, vendors, and affiliates, permission to use photographs, video, and audio recordings (digital and otherwise), as well as likenesses and names, of myself and any minor children under my care, custody, and control, for Kraken's promotional purposes in any media, including but not limited to print and online publication. I grant this permission in consideration for my participation on my voyage and such other consideration, if any, provided by Kraken, and waive any claim to further compensation.
I do not grant Kraken, its members, managers, employees, contractors, agents, vendors, and affiliates, permission to use photographs, video, and audio recordings (digital and otherwise), as well as likenesses and names, of myself and any minor children under my care, custody, and control, for Kraken's promotional purposes in any media, including but not limited to print and online publication.

Names of Children in Party (if any):
Fifth Participant's Name

First Name*

Last Name*
Fifth Participant's Date of Birth*
Fifth Participant's Information

Optional Publicity Release

I grant Kraken, its members, managers, employees, contractors, agents, vendors, and affiliates, permission to use photographs, video, and audio recordings (digital and otherwise), as well as likenesses and names, of myself and any minor children under my care, custody, and control, for Kraken's promotional purposes in any media, including but not limited to print and online publication. I grant this permission in consideration for my participation on my voyage and such other consideration, if any, provided by Kraken, and waive any claim to further compensation.
I do not grant Kraken, its members, managers, employees, contractors, agents, vendors, and affiliates, permission to use photographs, video, and audio recordings (digital and otherwise), as well as likenesses and names, of myself and any minor children under my care, custody, and control, for Kraken's promotional purposes in any media, including but not limited to print and online publication.

Names of Children in Party (if any):
Sixth Participant's Name

First Name*

Last Name*
Sixth Participant's Date of Birth*
Sixth Participant's Information

Optional Publicity Release

I grant Kraken, its members, managers, employees, contractors, agents, vendors, and affiliates, permission to use photographs, video, and audio recordings (digital and otherwise), as well as likenesses and names, of myself and any minor children under my care, custody, and control, for Kraken's promotional purposes in any media, including but not limited to print and online publication. I grant this permission in consideration for my participation on my voyage and such other consideration, if any, provided by Kraken, and waive any claim to further compensation.
I do not grant Kraken, its members, managers, employees, contractors, agents, vendors, and affiliates, permission to use photographs, video, and audio recordings (digital and otherwise), as well as likenesses and names, of myself and any minor children under my care, custody, and control, for Kraken's promotional purposes in any media, including but not limited to print and online publication.

Names of Children in Party (if any):
Seventh Participant's Name

First Name*

Last Name*
Seventh Participant's Date of Birth*
Seventh Participant's Information

Optional Publicity Release

I grant Kraken, its members, managers, employees, contractors, agents, vendors, and affiliates, permission to use photographs, video, and audio recordings (digital and otherwise), as well as likenesses and names, of myself and any minor children under my care, custody, and control, for Kraken's promotional purposes in any media, including but not limited to print and online publication. I grant this permission in consideration for my participation on my voyage and such other consideration, if any, provided by Kraken, and waive any claim to further compensation.
I do not grant Kraken, its members, managers, employees, contractors, agents, vendors, and affiliates, permission to use photographs, video, and audio recordings (digital and otherwise), as well as likenesses and names, of myself and any minor children under my care, custody, and control, for Kraken's promotional purposes in any media, including but not limited to print and online publication.

Names of Children in Party (if any):
Eighth Participant's Name

First Name*

Last Name*
Eighth Participant's Date of Birth*
Eighth Participant's Information

Optional Publicity Release

I grant Kraken, its members, managers, employees, contractors, agents, vendors, and affiliates, permission to use photographs, video, and audio recordings (digital and otherwise), as well as likenesses and names, of myself and any minor children under my care, custody, and control, for Kraken's promotional purposes in any media, including but not limited to print and online publication. I grant this permission in consideration for my participation on my voyage and such other consideration, if any, provided by Kraken, and waive any claim to further compensation.
I do not grant Kraken, its members, managers, employees, contractors, agents, vendors, and affiliates, permission to use photographs, video, and audio recordings (digital and otherwise), as well as likenesses and names, of myself and any minor children under my care, custody, and control, for Kraken's promotional purposes in any media, including but not limited to print and online publication.

Names of Children in Party (if any):
Ninth Participant's Name

First Name*

Last Name*
Ninth Participant's Date of Birth*
Ninth Participant's Information

Optional Publicity Release

I grant Kraken, its members, managers, employees, contractors, agents, vendors, and affiliates, permission to use photographs, video, and audio recordings (digital and otherwise), as well as likenesses and names, of myself and any minor children under my care, custody, and control, for Kraken's promotional purposes in any media, including but not limited to print and online publication. I grant this permission in consideration for my participation on my voyage and such other consideration, if any, provided by Kraken, and waive any claim to further compensation.
I do not grant Kraken, its members, managers, employees, contractors, agents, vendors, and affiliates, permission to use photographs, video, and audio recordings (digital and otherwise), as well as likenesses and names, of myself and any minor children under my care, custody, and control, for Kraken's promotional purposes in any media, including but not limited to print and online publication.

Names of Children in Party (if any):
Tenth Participant's Name

First Name*

Last Name*
Tenth Participant's Date of Birth*
Tenth Participant's Information

Optional Publicity Release

I grant Kraken, its members, managers, employees, contractors, agents, vendors, and affiliates, permission to use photographs, video, and audio recordings (digital and otherwise), as well as likenesses and names, of myself and any minor children under my care, custody, and control, for Kraken's promotional purposes in any media, including but not limited to print and online publication. I grant this permission in consideration for my participation on my voyage and such other consideration, if any, provided by Kraken, and waive any claim to further compensation.
I do not grant Kraken, its members, managers, employees, contractors, agents, vendors, and affiliates, permission to use photographs, video, and audio recordings (digital and otherwise), as well as likenesses and names, of myself and any minor children under my care, custody, and control, for Kraken's promotional purposes in any media, including but not limited to print and online publication.

Names of Children in Party (if any):
Parent or Guardian's Email Address

Email*

Confirm Email*
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 KRAKEN CYCLEBOATS, LLC, 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 KRAKEN CYCLEBOATS, LLC, 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 KRAKEN CYCLEBOATS, LLC, HAS THE RIGHT TO REFUSE TO LET YOUR CHILD PARTICIPATE IF YOU DO NOT SIGN THIS FORM.


By signing below the Parent or Court-Appointed Legal Guardian agrees that they are also subject to all the terms of this document, as set forth above.
Parent or Guardian's Name

First Name*

Last Name*

Phone*
Parent or Guardian's Date of Birth*
Parent or Guardian's Information

Optional Publicity Release

I grant Kraken, its members, managers, employees, contractors, agents, vendors, and affiliates, permission to use photographs, video, and audio recordings (digital and otherwise), as well as likenesses and names, of myself and any minor children under my care, custody, and control, for Kraken's promotional purposes in any media, including but not limited to print and online publication. I grant this permission in consideration for my participation on my voyage and such other consideration, if any, provided by Kraken, and waive any claim to further compensation.
I do not grant Kraken, its members, managers, employees, contractors, agents, vendors, and affiliates, permission to use photographs, video, and audio recordings (digital and otherwise), as well as likenesses and names, of myself and any minor children under my care, custody, and control, for Kraken's promotional purposes in any media, including but not limited to print and online publication.

Names of Children in Party (if any):
Parent or Guardian's Signature*
Electronic Signature Consent*
By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.


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