Participant Agreement, Release and Assumption of Risk

Adult Participant Waiver

In consideration of the services Tiki Tides Naples LLC, their agents, owners, officers, volunteers, employees, and all other persons or entities acting in any capacity on their behalf (“TTN”), I agree to release, indemnify, and discharge TTN on behalf of myself, my spouse, my children, my parents, my heirs, assigns, personal representative, and estate.

1. I acknowledge that my participation in guided boat tour activities entails known and unanticipated risks that could result in physical or emotional injury, paralysis, death, or damage to myself, to property, or to third parties. Risks include slips and falls; collision with objects or other watercraft; capsize and entrapment; travel in remote areas; alcohol-related risks; rapidly changing weather and water conditions; accidents while boarding or disembarking; accidental drowning; exposure to sun, wind, currents, waves, temperature extremes, dehydration, wild animals, insects, marine life, transmissible pathogens or disease; my own physical condition; and transportation accidents to and from the pier.
2. I expressly agree and promise to accept and assume all risks existing in this activity. My participation is voluntary, and I elect to participate in spite of the risks. I also agree to wear a U.S. Coast Guard approved personal flotation device while participating if directed.
3. I voluntarily release, forever discharge, and agree to indemnify and hold harmless TTN from any and all claims, demands, or causes of action in any way connected with my participation in this activity or my use of TTN equipment or facilities, including claims alleging negligent acts or omissions of TTN.
4. If TTN or anyone acting on their behalf is required to incur attorney’s fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs.
5. I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating, or else I agree to bear the costs myself. I further certify that I am willing to assume the risk of any medical or physical condition I may have.
6. If I file a lawsuit against TTN, I agree to do so solely in the state of Florida, and I agree that Florida substantive law shall apply. If any portion of this agreement is found void or unenforceable, the remaining provisions remain in full force and effect.

By signing this document, I acknowledge that if anyone is hurt or property is damaged during my participation, I may be found by a court of law to have waived my right to maintain a lawsuit against TTN on the basis of any claim I have released. I also agree that this document is valid for subsequent visits and participation at TTN.

Minor Child Perpetual Waiver and Release

Notice to the minor child’s natural guardian: By signing this form, you are agreeing to let your minor child engage in a potentially dangerous activity and are giving up your child’s right and your right to recover from Tiki Tides Naples LLC in a lawsuit for personal injury, including death, or property damage that results from risks that are a natural part of the activity.

1. I recognize and agree that all risks can never be eliminated, and participating in activities at Tiki Tides Naples LLC involves inherent danger and potential risk of both minor and serious, temporary and permanent, bodily injury of any and all kinds, both caused by me and/or by others. In signing this release, I assume all risk for, and financial cost of, any and all injuries, and/or any damage, to my child/children.
2. On behalf of my minor child/children I fully, and forever waive, release and discharge Tiki Tides Naples LLC and its individual members, managers, directors, officers, agents, employees, volunteers, representatives, affiliated entities, and all other persons, firms, corporations, associations or partnerships claiming by or through them, from any and all claims, actions, causes of action, demands, judgments, damages, liability or obligations of any nature or kind, whether known at the time or arising later, in any way connected with my child’s activities with or at Tiki Tides Naples LLC including claims involving their own negligence.
3. I agree to indemnify and hold harmless Tiki Tides Naples LLC and its related persons and entities from and against any and all losses, liabilities, claims, obligations, costs, damages, and/or judgments directly or indirectly arising out of, or relating to, my child’s participation in any activities at Tiki Tides Naples LLC, including claims alleging Tiki Tides Naples LLC’s own negligence.
4. I understand that this agreement extends forever into the future and will have full force and legal effect each and every time my child/children visit Tiki Tides Naples LLC, whether at the current location or any other location or facility.