Release of Liability, Waiver of Claims, Assumption of Risk and Indemnification Agreement for Boating Activities on Fin Action Charters, LLC

Please read carefully before signing.

Your signature at the bottom of this waiver indicates you agree to release Fin Action Charters, LLC from all liability associated with your participation in using one of our services.

I/We, the undersigned, hereby certify that I/we am/are 21 years of age, or the parent or legal guardian of a minor who will be using one of the services offered by Fin Action Charters, LLC. I/We hereby give permission for the staff of Fin Action Charters, LLC to seek appropriate medical attention for me or my child in the event of accident, injury, or illness while participating in all activities including swimming and snorkeling offered by Fin Action Charters, LLC. I/We will be responsible for any and all costs of medical attention and treatment. I/We understand that medical attention will be sought from the nearest medical facility.

I/We, the undersigned, for ourselves, our heirs, executors and administrators, waive, release and forever discharge Fin Action Charters, LLC and its staff, officers, agents, employees, representatives, successors and assigns from any and all liability, claims, demands, actions, and causes of actions whatsoever arising out of or related to any loss, personal injury, including death, or property damage that do or may result in any way, may be sustained or occur during participation in all activities including swimming and snorkeling while using our services whether such injuries of any kind or nature are caused by their negligence or not, assuming for myself any and all responsibility and liability for same, and I will not sue. I/We understand and agree that I/we will be obligated and responsible for a ONE HUNDRED THOUSAND DOLLAR ($100,000) penalty fee which will be assessed automatically against me/us in the event that I/we, or respective heirs, assigns or beneficiaries institute or attempt to seek legal recourse against any party, person so categorized or entity unto which this document is given. I/We further agree to indemnify and hold harmless all of those above named from any damages, or costs or expense whatsoever which they, or any of them, may incur as a result of any claim brought by anyone against any of them as a result of my preparation for and/or my participation in any activity or service offered including swimming and snorkeling by Fin Action Charters, LLC.

By entering into this agreement, I am not relying on any oral or written representation or statements made by Fin Action Charters, LLC other than what is set forth in this agreement. I further agree that this Liability Waiver shall be governed by and interpreted in accordance with the laws of the State of Florida, United States of America. That I/we agree that I/we will use reasonable and good faith efforts to settle and to have all problems and issues which arise from my participation in all services and activities including swimming and snorkeling offered by Fin Action Charters, LLC, or any boating endeavor mediated by a Taylor County, Florida, state certified arbitrator of the Taylor County, Florida Bar, which would be by an attorney from Taylor County, Florida, and I/we further agree that any issues requiring litigation will be heard in Taylor County, Florida.

If any provision of this release is found to be unenforceable or invalid, that provision shall be severed from this contract. The remainder of this contract will then be construed as though the unenforceable provision had never been contained in this document. This Liability Waiver has no expiration.

I/We specifically agree that before any boating activity takes place, I/we will, if I/we so desire, inspect the vessel, accepting and understanding that boating in general has some risk and could become dangerous for any number of reasons. I/We know that boating can carry significant risk of personal injury. I/We know that there are both known and unknown natural and manmade obstacles or hazards, surface and environmental conditions, and risks which in combination with my/my minor child’s actions can cause me/my minor child/us very severe or potentially fatal injury. Some of the risks include, but are expressly not limited to: drowning, hypothermia, injuries from being thrown from the boat, bee stings, insect and/or animal bites, being struck by branches or overhanging tree limbs, waterway obstructions, entrapment. This list is merely a partial list of dangers and risks commonly associated with boating activities. I/We agree that I/we, and NOT Fin Action Charters, LLC, its staff, officers, agents, employees, representatives, and successors, take responsibility for participating in all activities including swimming and snorkeling offered by Fin Action Charters, LLC, and I/we am/are totally responsible for my safety while I/we participate in all activities including swimming and snorkeling offered by Fin Action Charters, LLC.

I/We completely understand and comprehend that these paragraphs constitute a covenant and a promise on my/our part to fully discharge all of the above-named parties from any and all liability of any kind for any injuries, loss, damage, or death which may result from my participation in these events. This release is binding, and I/we so understand and comprehend, not only upon myself/my minor child but upon my heirs, administrators, executors and assigns, and I herewith reaffirm my/my minor child/we/our free and willing intent to execute it, acknowledging a complete understanding of its terms and conditions and the totality of its effect, and the totality of the waiver of any rights that I/my minor child/we would otherwise have had, had this agreement not been executed. I/We hereby release and indemnify Fin Action Charters, LLC and any of the officers of any liability in connection with my participation in any/ all activities including swimming and snorkeling offered by Fin Action Charters, LLC. I/We acknowledge and comprehend that said participation in all activities including swimming and snorkeling and services offered by Fin Action Charters, LLC is elected by me/my minor child/us and is not required. I/We voluntarily assume full responsibility for any risk or loss, damage, or personal injury, including death that may be sustained by me/us or my/our child as a result of participating in all activities including swimming and snorkeling offered by Fin Action Charters, LLC.