Beautiful 31' Formula Motor Yacht for up to 10 people in Sarasota, Florida

In exchange for participation in the activity of a private boat charter and tour with boarding, disembarking, swimming and all water activities including our floating mats and/or bote hangout, organized by the company., of 425 North Osprey Avenue, Sarasota Fl. 34236 and/or use of the properties, facilities and services ofthe company I/We agree for myself and (if applicable) for the members of my party to the following: 1).  AGREEMENT TO FOLLOW DIRECTIONS.  I/We agree to observe and obey all rules and warnings posted rules and warnings and further agree to follow any oral instructions and/or directions given by the company, including any employees, representatives’ agents including Captains and/or mates contracted by the company. 2) ASSUMPTIONS OF THE RISKS AND RELEASE.   I/We recognize that there are inherent risks associated with the above described activity and I/We assume full responsibility for personal injury to myself and (if applicable) my parties members, and further release and discharge by the company for injury, loss or damage arising out of my parties use of or presence upon the facilities and/or vessel whether caused by the fault of myself, my party, the company or other third parties. 3) INDEMNIFICATION.  I/We agree to indemnify and defend the company against all claims, causes of action, damages, judgements, costs, or expenses, including attorneys feels and other litigation costs, which may in any way arise from my or my parties use of or presence upon the facilities and vessel of the company.  4)  FEES.  I/WE agree to pay for all damages to the facilities and vessel of the company caused by any negligent, reckless or willful actions caused by me or my party 5)  APPLICABLE BY LAW.  Any legal or equitable claims that may arise from participation in all the above shall be resolved under Florida Law. 6)  NO DURESS.  I/WE agree and acknowledge that I/We are under no pressure or duress to sign this Agreement and that I have been given a reasonable opportunity to review this Agreement before signing it.  I/WE further agree and acknowledge that I/WE are free to have my own legal counsel review this Agreement if I so desire.  I/WE further agree and acknowledge that the company has offered to refund any fees I/WE paid to use its facilities and vessel if I choose not to sign this Agreement. 7) BAREBOAT CHARTER (when applicable).  I/WE acknowledge that the company has explained the rules and regulations regarding Bareboat charters as defined by the USGC.  the company and/or its representatives have offered the legal options to the renter/signee of the vessel Serenita including a list of qualified captains provided by the company as well as offering the ability of the renter/signee to use their own qualified captain.   By signing this Release of Liability, the renter/signee agrees to the statements above that they have been advised of the rules and regulations regarding Bareboat charters as defined by the USCG, therefore absolving the company and/or its representatives and/or their contracted captains from any legal action from the USCG, State of Florida, County and City Law enforcement agencies. 8) ARMS LENGTH AGREEMENT.   This Agreement and each of its terms are the product of an arm’s length negotiation between the Parties.  In the event any ambiguity is found to exist in the interpretation of this Agreement, or any of its provisions, the Parties, and each of them, explicitly reject the application if any legal or equitable rule of interpretation which would lead to a construction either “for” or “against” a particular party based upon their status as the drafter of a specific term, language, or provision giving rise to such ambiguity. 9) ENFORCEMENT.  The validity or unenforceability of any provisions of this Agreement, whether standing alone or as applied to a particular occurrence or circumstances, shall not affect the validity or enforceability of any other provision of this Agreement or of any other applications of such provision, as the case may be, and such invalid or unenforceable provision shall be deemed not to be a part of this Agreement. 10)  DISPUTE RESOLUTION.  The parties will attempt to resolve any dispute arising out of relation to this Agreement through friendly negotiations amongst the parties.  If the matter is not resolved by negotiation, the parties will resolve the dispute using the below Alternative Dispute Resolution (ADR) procedure. Any controversies or disputes arising out of relating to this Agreement will be submitted to mediation in accordance with any statutory rules of mediation.  If mediation does not successfully resolve  the dispute, then the parties may proceed to seek an alternative form of resolution in accordance with any other rights and remedies afforded to them by law.