Release of liability.

1. Acknowledgment of Activities and Risks; Express Assumption of Risk

Participant acknowledges that participation in bully netting, lobstering, fishing, iguana hunting, sandbar excursions, snorkeling, and spearfishing activities and/or chartering (“Activities”) involves inherent risks, including but not limited to, risks of personal injury, property damage, drowning, slips, falls, equipment failure, perils of the seas, adverse weather conditions, encounters with wildlife and/or marine creatures (including bites or clawing), acts of fellow participants, entering and exiting the vessel and/or water, boarding or disembarking the vessel, activities on the dock or sandbars, and other unforeseen hazards. Participant understands and voluntarily accepts and assumes all such risks associated with these Activities.

PARTICIPANT ACKNOWLEDGES AND AGREES THAT PARTICIPANT IS AWARE AND UNDERSTANDS THE ACTIVITIES ARE POTENTIALLY DANGEROUS AND INVOLVE THE RISK OF PERSONAL OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING, TEMPORARY OR PERMANENT DISABILITY, DEATH, PROPERTY DAMAGE, AND/OR FINANCIAL LOSS. PARTICIPANT ACKNOWLEDGES THAT ANY INJURIES THAT PARTICIPANT SUSTAINS MAY RESULT FROM OR BE COMPOUNDED BY THE ACTIONS, OMISSIONS, OR NEGLIGENCE OF THE RELEASED PARTIES, INCLUDING NEGLIGENT EMERGENCY RESPONSE OR RESCUE OPERATIONS OF THE RELEASED PARTIES OR OTHER PARTICIPANTS. NOTWITHSTANDING THE RISK, PARTICIPANT ACKNOWLEDGES THAT PARTICIPANT IS VOLUNTARILY PARTICIPATING IN THE ACTIVITIES WITH KNOWLEDGE OF THE DANGER INVOLVED AND HEREBY AGREES TO ACCEPT AND ASSUME ANY AND ALL RISKS OF INJURY, DISABILITY, DEATH, AND/OR PROPERTY DAMAGE ARISING FROM THE PARTICIPATION IN THE ACTIVITIES, WHETHER CAUSED BY THE ORDINARY OR GROSS NEGLIGENCE OF THE RELEASED PARTIES OR OTHERWISE.

2. Release of Liability

In consideration for being permitted to participate in the Activities, Participant hereby voluntarily releases, waives, and discharges the Released Parties from any and all liability, claims, demands, actions, or causes of action arising out of or related to any loss, damage, injury, or death that may be sustained by Participant or to any property belonging to Participant, whether caused by the ordinary or gross negligence of the Released Parties or otherwise, while participating in the Activities or while in, on, or upon the premises and/or vessel where the Activities are conducted.

3. Additional Participation Requirements

Participant agrees and acknowledges that Participant has a duty to, and will, exercise reasonable care for Participant’s own safety. Participant affirms that Participant is physically fit to participate in the Activities. Participant will not remove flotation devices at any time while vessel is underway. Participant acknowledges that doing so will constitute a violation of the safety rules and procedures of the Activities for which Participant expressly assumes the risk.

4. Waiver of Claims

Participant waives any right to bring a legal action or assert a claim against the Released Parties for any injury, disability, death, loss, or damage (collectively “Loss”) sustained arising out of or as a result of participation in the Activities. This waiver applies regardless of whether such Loss is caused by the negligence of the Released Parties. Participant covenants not to make or bring any such claim against the Released Parties, and forever releases and discharges the Released Parties from liability under such.

5. Indemnification

The Participant agrees to indemnify, defend, and hold harmless the Released Parties from any and all claims, actions, suits, procedures, costs, expenses, damages, and liabilities, including attorney’s fees, arising out of or related to the Participant’s involvement in the Activities, and to reimburse the Released Parties for any such expenses incurred. Participant shall defend, indemnify, and hold harmless the Released Parties against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorney fees, fees, the costs of enforcing any right to indemnification under this Agreement, and the cost of pursuing any insurance providers, incurred by the Released Parties arising out of or resulting from any claim of a third party related to the Participant’s participation in the Activities, including any claim related to Participant’s own negligence or the negligence of the Released Parties.

6. Medical Authorization; Aid Release

The Participant authorizes the Released Parties to obtain medical treatment for the Participant in the event of injury or illness during the Activities. The Participant understands that the Participant is responsible for all costs related to such medical treatment and that the Released Parties do not provide medical insurance for the Participant. Participant expressly acknowledges that in the event of illness or injury appropriate medical care must be summoned by radio and/or phone and treatment will be delayed until Participant can be transported to a proper medical facility. The Released Parties have made and make no representation to Participant, implied or otherwise, that the vessel, its crew, or captain can or will perform safe rescues or render first aid. In the event Participant shows signs of distress or calls for aid, Participant expressly affirm that Participant would like assistance and will not hold the Released Parties or fellow participants responsible for their actions in attempting the performance of rescue or first aid.

7. Miscellaneous

If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. This Agreement shall be binding upon the Participant and Released Parties, and their heirs, executors, administrators, and/or assigns. This Agreement constitutes the sole and entire agreement of the Released Parties and Participant with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter.

8. Governing Law

All matters arising out of or relating to this Agreement shall be governed by and construed in accordance with the internal laws of the State of Florida without giving effect to any choice or conflict of law provision or rule (whether of the State of Florida or any other jurisdiction). Any claim or cause of action arising under this Agreement may be brought only in the federal and state courts located in Broward County, Florida and Participant hereby consents to the exclusive jurisdiction of such courts.

Participant Certification

By signing below, the Participant certifies that they have read and fully understand the terms of this Agreement, are at least 18 years of age (or have obtained parental/guardian consent), and voluntarily agree to the terms and conditions herein.

BY SIGNING BELOW, I ACKNOWLEDGE THAT I HAVE READ AND FULLY UNDERSTOOD ALL OF THE TERMS OF THIS RELEASE AND THAT I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE THE RELEASED PARTIES. If executed on behalf of a minor this is to certify that I, as parent/guardian with legal responsibility for this Participant, do consent and agree to the minor’s release as provided above of for myself, my child, all heirs, assigns, and next of kin. I release and agree to indemnify and hold harmless the involvement or participation in these programs as provided above EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASED PARTIES TO THE FULLEST EXTENT PERMITTED BY LAW.