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. |