ASSUMPTION OF RISK, RELEASE OF LIABILITY, AND WAIVER AGREEMENT

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This Assumption of Risk, Release of Liability, and Waiver Agreement ("Agreement") is entered into between the undersigned participant ("Participant") and Sunny Sandbar Cruises ("Company"), in consideration of being allowed to participate in activities provided by the Company. ALL participants MUST sign the waiver. 

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1. ASSUMPTION OF RISK

Participant acknowledges and understands that participation in activities, including but not limited to transportation to and from a sandbar, swimming, wading, use of floating equipment, and other related recreational activities, carries inherent risks, including but not limited to:

• Risks of bodily injury, including drowning, collisions, slips, trips, and falls.

• Risks associated with weather, tides, marine life, and changing water conditions.

• Risks arising from equipment malfunction or failure.

• Risks associated with the conduct of other participants. Participant voluntarily assumes all risks associated with participation in these activities.

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2. RELEASE OF LIABILITY AND WAIVER OF CLAIMS

Participant, on behalf of themselves, their heirs, executors, and assigns, hereby releases, waives, and discharges Sunny Sandbar Cruises, its owners, operators, agents, volunteers, and affiliates from any and all claims, demands, actions, causes of action, or liability of any kind arising from participation in the activities, including but not limited to claims of negligence.

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3. BEHAVIOR POLICY

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• Participant agrees to act responsibly and respectfully while aboard the vessel and at the sandbar.

• Drunk and disorderly behavior will not be tolerated. If a Participant is deemed to be acting in a disruptive or unsafe manner, Sunny Sandbar Cruises reserves the right to contact the Florida Fish and Wildlife Conservation Commission (FWC) and return the Participant to the city dock at their own expense.

• Illegal substances of any kind are strictly prohibited. Any violation will result in immediate termination of participation, law enforcement notification, and removal from the vessel..

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4. DONATION-BASED EXPENSES

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• Sunny Sandbar Cruises operates on a donation basis for fuel, food, beverages, and other related expenses.

• The donation does not cover the boat ride itself, as this is a shared recreational activity among participants. The host is not a licensed captain and is not operating as a for-hire charter.

 

5. INDEMNIFICATION

Participant agrees to indemnify and hold harmless Sunny Sandbar Cruises from any claims, damages, or expenses, including attorney fees, arising from their participation.

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6. MEDICAL TREATMENT AND EMERGENCIES

 

Participant consents to emergency medical treatment if necessary and understands they are responsible for any associated medical costs.

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7. ACKNOWLEDGMENT AND SIGNATURE

 

By signing below, Participant acknowledges that they have read and understood this Agreement, voluntarily assume all risks, and agree to be bound by its terms.