LIABILITY RELEASE AND WAIVER OF CLAIMS AGREEMENT
Kool Island Adventures, Islamorada, Florida
READ CAREFULLY BEFORE SIGNING
This Liability Release and Waiver of Claims Agreement ("Agreement") is entered into by the undersigned participant (the "Participant") in favor of Kool Island Adventures LLC, its owners, employees, contractors, agents, captains, affiliates, successors, and assigns (collectively, the "Released Parties"). By signing this Agreement, the Participant acknowledges and agrees to the following terms and conditions:
1. Acknowledgment of Risk
1.1. The Participant acknowledges and understands that participation in boat tours, snorkeling, sandbar activities, swimming, and related water-based activities ("Activities") inherently involves certain risks, dangers, and hazards, including but not limited to:
- Drowning or other water-related injuries;
- Injuries caused by weather conditions, equipment failure, collisions, or wildlife encounters;
- Slips, trips, or falls on the vessel or surrounding areas;
- Illness or injury due to negligence by third parties, other participants, or unforeseeable circumstances.
1.2. The Participant voluntarily assumes all risks, whether foreseeable or unforeseeable, arising out of or related to participation in the Activities.
2. Release of Liability
2.1. In consideration of being allowed to participate in the Activities, the Participant releases, waives, and discharges the Released Parties from any and all claims, liabilities, demands, damages, or causes of action, known or unknown, arising from or related to the Participant's participation in the Activities, including those arising from the negligence of the Released Parties, to the fullest extent permitted by law.
2.2. This release includes, but is not limited to, claims for personal injury, death, property damage, economic losses, and any other damages or losses.
3. Compliance with Laws and Instructions
3.1. The Participant agrees to comply with all federal, state, and local laws, including maritime laws, while participating in the Activities.
3.2. The Participant agrees to follow all instructions and safety guidelines provided by Kool Island Adventures' staff and captains.
4. Representation of Physical Condition
4.1. The Participant represents that they are in good physical and mental health and do not have any medical conditions that could be aggravated by participation in the Activities.
4.2. The Participant is solely responsible for informing Kool Island Adventures of any known medical conditions or limitations before participating.
5. Indemnification
The Participant agrees to indemnify, defend, and hold harmless the Released Parties from and against any claims, demands, damages, or expenses (including attorneys' fees) arising out of or related to the Participant's actions, negligence, or failure to comply with this Agreement.
6. Governing Law and Jurisdiction
This Agreement shall be governed by the laws of the State of Florida and applicable maritime law. Any disputes arising out of or related to this Agreement shall be resolved exclusively in the state or federal courts located in Monroe County, Florida.
7. Severability
If any provision of this Agreement is deemed invalid or unenforceable, the remaining provisions shall remain in full force and effect.
8. Photo and Video Release
The Participant grants Kool Island Adventures permission to use any photographs or videos taken during the Activities for promotional or marketing purposes without compensation.
9. Acknowledgment and Agreement
By signing below, the Participant acknowledges that they have read and understood this Agreement, are signing it voluntarily, and agree to be bound by its terms. The Participant further acknowledges that they are waiving significant legal rights, including the right to sue the Released Parties.
