Boat Experience w/Captain

1. DISCLAIMER. This form is a Waiver, also known as a Release of Liability and Assumption of Risk Agreement (hereinafter the “Liability Agreement”) is applicable to all renters, operators, passengers, and any other users of boats and boating equipment not to exclude all accessories provided (hereinafter collectively the “Watercraft”) provided by MCB117 LLC, a Florida Corporation (hereinafter “CRYSTEN’S”) as well as any other affiliated entities or individuals there under. For purposes of this Rental Agreement, the term “CRYSTEN’S” shall include all member/s, manager/s, officer/s, employee/s, agent/s, representative/s, assign/s, successor/s, insurer/s and subsidiaries of CRYSTEN’S. Renter agrees that you are also signing this Rental Agreement on behalf of any minor children for whom you are the parent, guardian, or whom you are otherwise responsible for the care, custody or control. Renter agrees that you will disclose to CRYSTEN’S all potential renters, operators, passengers and users of the Watercraft. Renter further agrees that in the event you fail to notify CRYSTEN’S of all potential renters, operators, passengers or users of such Watercraft, you will be personally liable for any injuries or damages to the undisclosed individuals, even if such damages arise out of the gross negligence of CRYSTEN’S. 2. EXPRESS ASSUMPTION OF RISK—CAUTION!! READ BEFORE SIGNING I ACKNOWLEDGE THAT THE RENTAL, OPERATION OR USE OF A WATERCRAFT HAS INHERENT RISKS THAT MAY LEAD TO BODILY INJURY, DEATH, DROWNING AND/OR PROPERTY LOSS NOT TO EXCLUDE DAMAGE. I FURTHER UNDERSTAND THAT I AM NOT BOUND OR REQUIRED TO PARTICIPATE IN ANY OF THE ACTIVITIES RELATING TO THE RENTAL, OPERATION AND USE OF THE WATERCRAFT, BUT I HAVE WILLINGLY AND VOLUNTARILY DECIDED TO PARTICIPATE IN SUCH ACTIVITIES. I REALIZE THAT I AM FREE TO REFUSE TO PARTICIPATE IN ANY OR ALL ACTIVITIES RELATING TO THE RENTAL, OPERATION AND USE OF THE WATERCRAFT INCLUDING THOSE ACTIVITIES I FEEL UNCOMFORTABLE WITH OR WHICH I DETERMINE CANNOT BE COMPLETED SAFELY BY ME. I KNOWINGLY AND VOLUNTARILY ASSUME ALL RISK OF INJURY, ILLNESS, DAMAGE OR LOSS, BOTH KNOWN AND UNKNOWN, ASSOCIATED WITH THE RENTAL, OPERATION OR USE OF THE WATERCRAFT OR ASSOCIATED RENTAL EQUIPMENT, EVEN IF ARISING FROM THE NEGLIGENCE OR OMISSION OF CRYSTEN’S, AND ASSUME FULL RESPONSIBILITY FOR MY PARTICIPATION IN THE RENTAL, OPERATION AND USE OF THE WATERCRAFT. 3. RELEASE / COVENANT NOT TO SUE—CAUTION!! READ BEFORE SIGNING I HEREBY RELEASE AND HOLD HARMLESS CRYSTEN’S FROM ALL LIABILITY, CLAIMS, DEMANDS, LAWSUITS, ARBITRATION/S OR CAUSES OF ACTION FOR ANY INJURY, ILLNESS, DISABILITY, DEATH, OR LOSS OR DAMAGE TO ANY PERSON OR PROPERTY SUSTAINED BY ME AND/OR ANY MINOR CHILDREN FOR WHOM I AM A PARENT, LEGAL GUARDIAN, OR WHOM I AM OTHERWISE RESPONSIBLE, WHETHER CAUSED BY THE NEGLIGENCE OF CRYSTEN’S OR OTHERWISE. THIS INCLUDES ANY INJURY, ILLNESS, DISABILITY, DEATH, OR LOSS OR DAMAGE TO PERSON OR PROPERTY SUSTAINED AS A RESULT OF A HIDDEN, LATENT OR OBVIOUS DEFECT ON THE WATERCRAFT OR ANY OF THE RENTAL EQUIPMENT USED, OR ANY FAILURE ON THE PART OF CRYSTEN’S TO PROPERLY INSTRUCT, SUPERVISE OR TRAIN ME ON THE OPERATION OF THE WATERCRAFT. AS PART OF THE CONSIDERATION FOR USING THE WATERCRAFT, I PROMISE NOT TO FILE A LAWSUIT OR OTHER PROCEEDING OR MAKE A CLAIM AGAINST CRYSTEN’S FOR ANY DEATH, ILLNESS, INJURIES, OR DAMAGE OR LOSS TO PERSONS OR PROPERTY SUFFERED AS A RESULT OF MY PARTICIPATION IN THE RENTAL, OPERATION AND USAGE OF THE WATERCRAFT. IT IS THE INTENT OF THIS RENTAL AGREEMENT TO FULLY AND COMPLETELY RELEASE CRYSTEN’S FROM ANY AND ALL LAWSUITS, PROCEEDINGS OR CLAIMS OF ANY TYPE WHATSOEVER. 4. INDEMNITY / LIABILITY TO THIRD PARTIES—CAUTION!! READ BEFORE SIGNING I AGREE THAT I WILL INDEMNIFY AND HOLD HARMLESS CRYSTEN’S FOR ALL PERSONAL INJURIES, DEATHS, PROPERTY LOSS OR DAMAGE, OR ANY OTHER DAMAGES TO ANY AND ALL THIRD PARTIES, INCLUDING, BUT NOT LIMITED TO, OPERATORS AND PASSENGERS OF OTHER WATERCRAFT, SWIMMERS AND MINOR CHILDREN UNDER MY CUSTODY, CARE, AND CONTROL, AS A RESULT OF ANY AND ALL ACTIVITIES RELATED TO MY RENTAL, OPERATION, OR USE OF WATERCRAFT PROVIDED BY CRYSTEN’S, EVEN IF SUCH DAMAGES ARISE OUT OF THE NEGLIGENCE OR FAULT OF CRYSTEN’S. I expressly agree that CRYSTEN’S shall not be liable for any loss or damage to any personal property left, stored or transported by me in or upon the Watercraft.  5. WARNINGS. In consideration of the use of the boat equipment and the property, facilities and/or services of CRYSTEN’S, the undersigned Renter acknowledges the following warning. WARNING. There are significant elements of risk in any adventure sport or activity on the water or associated with the use or presence of water craft, including but not limited to boats and their related equipment. These risks are inherent in boating and may be present even if the boat equipment is used properly and even in still water. The Renter understands and acknowledges that the operation of the boat equipment involve risks such as, but not limited to, the following: changing water flow, conditions or currents;collision with other participants, any portion of the interior of the craft, other watercraft, man made or natural objects, including overhanging, submerged and/or semi-submerged trees, branches, rocks and boulders;cold weather and heat related injuries and illnesses including hypothermia, frostbite, heat exhaustion, sun stroke, and dehydration;inclement weather, variances and extremes of wind, weather and temperature, the presence of insects and animals;sense of balance, physical coordination, ability to swim, and/or ability to follow directions;loss of control of the craft, collision, capsizing, and sinking of the craft which can result in wetness, injury, exposure to the elements, hypothermia and drowning;injury while getting in and out of the craft;travel, including hiking, portaging and travel to and from the related and unrelated activities;the presence of wild animals, including marine life forms;unavailability of emergency aid services and emergency medical care. The listing of these risks is not intended, and shall not be construed as, all of the possible risks associated with the use of the boat equipment. 6. Assumption of Risk. Based upon the warnings above and Renter’s acknowledgement of the inherent risks of using and operating a boat and the boat equipment, and that some or all of those risks may be unavoidable even with reasonable care in the use and operation of the boat and boat’s equipment. By executing this agreement Renter expressly assumes all risks that arise from the use and operation of the boat or boat equipment, including the risk of property damage, bodily injury and possibly death, including the acts of others, the unavailability of emergency care and any other foreseeable or unforeseeable factors and/or circumstances related to the use of the boat and boat equipment.  7. ALCOHOL AND RELEASE OF LIABILITY POLICY Here at CRYSTEN’S, we do not sell or serve alcoholic beverages. We will allow you to bring in alcohol, under the circumstances, that we will not be held accountable for any injuries sustained while under the influence of alcohol. It is also your responsibility, that if you are under the influence of alcohol. You must prepare your own transportation when unboarding CRYSTEN’S vessels. Methods of safe transportation include but are not limited to ride share programs such as Uber and Lyft. Taxi services or family members/friends. Failure to do so, risks violating the law Driving While Intoxicated. By signing below, you agree that you will be held accountable for any and all injuries sustained here at CRYSTEN’S and that you participate at your own risk. 8. Waiver and Release of Liability. The undersigned Renter, based upon the warnings and understanding of risks, and predicated in part upon the acknowledgements and assumption of risks described above, does hereby waive, release and discharge CRYSTEN’S, its officers, agents, employees, successors, affiliates and assigns, not to exclude CRYSTEN’S from any and all claims or liability arising from the use or operation of the boat and/or the boat equipment, or use of the CRYSTEN’S property, facilities, services or activities organized or sponsored by CRYSTEN’S and agrees that it shall not sue them on account or in connection with any claims, causes of action, injuries, damage, cost of expenses arising therefrom, whether arising from the negligence or strict liability, and regardless of the participation of an other third party in the causation of any such injuries, damages, or liability, but excluding claims which arise from gross negligence or willful misconduct on the part of CRYSTEN’S. Renter acknowledges that this waiver and release includes the waiver of future, unknown claims. 9. Indemnity. The undersigned Renter agrees to indemnify and defend, CRYSTEN’S from any and all claims made by or for the Renter, or any other third party, arising out of the use or operation of the boat or boat equipment and that Renter shall hold CRYSTEN’S and its officers, employees and agents (each, an “Indemnitee”) and hold them harmless from any or all claims, causes of action, damage judgments, costs or expenses, including attorney fees which in any way arise from the undersigned Renters use or operation of the boat and boat equipment, which include but are not limited to damages to or destruction of any property of an Indemnitee, of any others, injury or death of the undersigned or anyone else or any liability arising from the act or negligent act of an Indemnitee, the undersigned or anyone else; provided, however, the foregoing indemnity shall not apply to claims related solely to the gross negligence or willful misconduct of CRYSTEN’S. The undersigned agrees to pay for any or all damages to any property of Indemnitee caused by the undersigned either negligently, willfully, or otherwise.  10. Captain's Authority.  The Renter explicitly agrees that they and their guests shall obey the Captain at all times. Further, without prejudice to any other remedy of the CRYSTEN’S, if in the reasonable opinion of the Captain, the Renter or any of their guests fail to observe all or any part of the provisions in this agreement, the Captain shall be entitled to end the Charter Period immediately. Upon such event the Renter shall not be entitled to any refunds of the Charter Fee or Security Deposit. 11. Charter Rental Liability.  The Renter shall be liable for costs or losses as incurred (or likely to be incurred) from damage caused by the Renter or their guests (intentionally or otherwise) to the boat or any third party. The Renter shall be responsible to CRYSTEN’S of any loss, damage or injury caused by the willful or negligent acts of themself or their guests. 12. Charter Rental Obligations.  The Renter shall ensure that: No drugs, narcotics or weapons shall be used or brought on board the Vessel;The Renter undertakes to comply with all seagoing rules and regulations currently in force and to obey the reasonable requests of the Captain;The Renter and all members of his party shall take all reasonable care of the Vessel and its equipment;andIf the Renter or any of their guests shall commit any offense contrary to the laws and regulations of any jurisdiction which results in the Vessel being detained, arrested, seized or fined the renter shall indemnify CRYSTEN’S against all loss, damage and expense incurred by CRYSTEN’S as a result. In Witness Whereof, the undersigned Renter has read, understands and agrees to be legally bound to this Agreement effectively Waiving THEIR rights and Releasing of Liability to CRYSTEN’S, FURTHER realizes it relates to surrendering valuable legal rights and assuming important legal responsibilities, does so freely and voluntarily, and does so for himself or herself and his or her heirs, not to exclude the guests I personally allow aboard said vessel, assigns and legal representatives.