WATERS EDGE ADVENTURES

RELEASE OF LIABILITY, ASSUMPTION OF RISK, WAIVER OF CLAIMS, INDEMNIFICATION AGREEMENT, MEDIA RELEASE, EQUIPMENT AGREEMENT, AND COMMUNICATIONS CONSENT

PLEASE READ CAREFULLY. THIS IS A LEGALLY BINDING AGREEMENT.

ACTIVITIES COVERED

 

This Agreement applies to all current and future activities offered, operated, organized, sponsored, managed, rented, guided, instructed, facilitated, or conducted by Waters Edge Adventures, including but not limited to kayak rentals, paddleboard rentals, clear kayak rentals, guided kayak tours, guided paddleboard tours, Kings Bay activities, Three Sisters Springs activities, Rainbow River activities, snorkeling, swimming, fishing charters, scallop charters, boat tours, eco cruises, wildlife viewing, paddleboard yoga, educational programs, volunteer activities, community events, special events, group outings, and any future outdoor recreational, educational, tourism, boating, water-based, or ecotourism activity.

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1. PARTICIPANT ACKNOWLEDGMENT

I acknowledge that participation in outdoor recreation and water-based activities involves inherent risks that cannot be eliminated regardless of the care taken by Waters Edge Adventures. I voluntarily choose to participate and understand that serious injury, illness, permanent disability, property damage, and death may occur.

I certify that I have had sufficient opportunity to read this Agreement, understand its contents, and ask questions before signing.

I further certify that I am legally competent to enter into this Agreement.

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1. ASSUMPTION OF RISK

I knowingly and voluntarily assume all risks associated with participation, whether known or unknown, foreseeable or unforeseeable, including but not limited to:

• Drowning
• Injury
• Illness
• Infection
• Communicable diseases
• Heat exhaustion
• Heat stroke
• Sun exposure
• Hypothermia
• Lightning
• Strong currents
• Boat collisions
• Capsizing
• Falling overboard
• Equipment failure
• Slips and falls
• Wildlife encounters
• Marine life encounters
• Insect bites
• Alligator encounters
• Manatee encounters
• Snake encounters
• Stingray encounters
• Fish bites
• Snorkeling accidents
• Swimming accidents
• Fishing injuries
• Hook injuries
• Knife injuries
• Scalloping injuries
• Sharp shells
• Submerged objects
• Watercraft traffic
• Property damage
• Permanent disability
• Death

I understand that some risks cannot be eliminated regardless of the care taken by Waters Edge Adventures or the Released Parties.

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1. RELEASE OF LIABILITY

To the fullest extent permitted by Florida law, I release, waive, discharge, and covenant not to sue Waters Edge Adventures and all Released Parties from any and all claims, demands, liabilities, causes of action, damages, costs, expenses, losses, judgments, and injuries arising from or related to my participation in Activities.

This release specifically includes claims arising from the ordinary negligence of Waters Edge Adventures and Released Parties, but does not apply to gross negligence or intentional misconduct where prohibited by law.

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1. WAIVER OF CLAIMS

I waive all known and unknown claims that I currently have or may have in the future arising from participation in Activities, including claims for bodily injury, illness, disability, wrongful death, emotional distress, property damage, economic loss, or any other loss.

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1. INDEMNIFICATION AND HOLD HARMLESS AGREEMENT

I agree to defend, indemnify, and hold harmless Waters Edge Adventures and Released Parties from any claims, liabilities, damages, costs, attorney fees, expenses, judgments, or losses arising from my conduct, negligence, violation of law, violation of this Agreement, or participation in Activities.

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1. PHYSICAL CONDITION AND MEDICAL FITNESS

I certify that I am physically and mentally capable of participating.

I understand that participation may aggravate existing medical conditions.

I accept full responsibility for determining whether I am medically fit to participate.

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1. PARTICIPANT RESPONSIBILITY

I am solely responsible for determining whether I possess the skill, judgment, swimming ability, physical condition, and experience necessary to participate safely.

I understand that swimming ability is strongly recommended but may not be required for certain activities.

I voluntarily choose to participate and accept responsibility for evaluating my own abilities and limitations.

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1. EMERGENCY MEDICAL AUTHORIZATION

I authorize Waters Edge Adventures and its representatives to obtain emergency medical care on my behalf if deemed necessary.

I understand that I am solely responsible for any resulting medical expenses.

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1. RESCUE ACKNOWLEDGMENT

I understand that rescue efforts may be delayed, unavailable, unsuccessful, or impossible due to weather, water conditions, communication limitations, location, staffing limitations, equipment availability, or other circumstances.

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1. NO DUTY TO RESCUE

I understand that Waters Edge Adventures does not guarantee rescue services, supervision, monitoring, lifeguards, emergency response, or recovery services.

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1. EQUIPMENT INSPECTION ACKNOWLEDGMENT

I agree to inspect all equipment before use and immediately notify Waters Edge Adventures of any damage, defects, missing equipment, or safety concerns.

Use of equipment constitutes acknowledgment that the equipment was accepted in satisfactory condition and appeared suitable for its intended use.

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1. EQUIPMENT RESPONSIBILITY

I agree to use all equipment safely and only as intended.

I accept responsibility for equipment issued to me and agree to return it in substantially the same condition received, reasonable wear excepted.

I accept responsibility for lost kayaks, paddleboards, paddles, life jackets, snorkeling equipment, fishing equipment, accessories, and any other company property issued to me.

I may be held financially responsible for equipment that is lost, stolen, intentionally damaged, negligently damaged, not returned, or otherwise requires recovery, repair, or replacement.

Failure to return equipment as agreed may result in recovery efforts, law enforcement notification, civil action, replacement costs, recovery expenses, attorney fees where permitted by law, and all other remedies available under Florida law.

I agree to reimburse Waters Edge Adventures for reasonable costs associated with locating, recovering, transporting, repairing, or replacing equipment.

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1. PROPERTY DAMAGE AND LOSS

I understand that Waters Edge Adventures is not responsible for loss, theft, or damage to personal property.

1. ALCOHOL AND DRUG ACKNOWLEDGMENT

I agree not to participate while impaired by alcohol, illegal drugs, controlled substances, or any condition that may impair judgment or physical ability.

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1. WILDLIFE AND ENVIRONMENTAL HAZARDS

I understand activities may involve encounters with wildlife including manatees, fish, insects, reptiles, alligators, birds, marine organisms, snakes, stingrays, and other animals.

I understand wildlife behavior is unpredictable.

I agree to comply with all federal, state, local, and wildlife protection regulations, including manatee protection regulations, sanctuary restrictions, speed zones, no-entry zones, and guide instructions.

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1. NATURAL WATER CONDITIONS AND WATER QUALITY RISKS

I understand that natural bodies of water may contain bacteria, algae, parasites, contaminants, wildlife, vegetation, submerged objects, sharp objects, and other naturally occurring hazards.

I voluntarily assume all risks arising from exposure to natural water conditions and environmental hazards.

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1. COMMUNICABLE DISEASE RISKS

I voluntarily assume all risks associated with exposure to communicable diseases, viruses, bacteria, infections, and illnesses that may be present in public spaces, outdoor environments, transportation, equipment, or shared facilities.

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1. BOATING AND WATER ACTIVITY RISKS

I understand that boating and water activities involve risks associated with changing weather, vessel traffic, navigation hazards, wakes, currents, submerged objects, collisions, capsizing, and accidental immersion.

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1. SNORKELING AND SWIMMING RISKS

I understand that snorkeling and swimming involve risks including drowning, panic, exhaustion, injury, medical emergencies, equipment malfunction, and death.

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1. FISHING CHARTER RISKS

I understand that fishing activities involve risks including hooks, knives, fish handling, vessel movement, slips, falls, marine life encounters, and injuries associated with boating and water activities.

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1. SCALLOPING RISKS

I understand that scalloping involves risks including swimming, snorkeling, sharp shells, marine life encounters, vessel traffic, cuts, abrasions, weather exposure, and drowning.

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1. PADDLEBOARD YOGA RISKS

I understand that paddleboard yoga involves balance-related activities on water and may result in falls, immersion, injury, or other accidents.

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1. WEATHER AND NATURAL CONDITIONS

I understand that weather conditions may change rapidly and may create dangerous conditions including lightning, wind, waves, temperature extremes, reduced visibility, and rough water.

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1. PHOTOGRAPHY AND MEDIA RELEASE

I grant Waters Edge Adventures the unrestricted right to photograph, record, and use my name, image, likeness, voice, and appearance for website content, social media, advertising, marketing, promotional materials, printed materials, educational materials, and other lawful business purposes without compensation.

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1. TRACKING DEVICE DISCLOSURE

Certain company-owned kayaks, paddleboards, vessels, trailers, and equipment may contain location-tracking devices for fleet management, equipment recovery, theft prevention, and safety purposes. These devices are used solely to track company-owned equipment and are not intended to monitor or track guests.

Equipment may contain Tile, GPS, Bluetooth, cellular, or similar tracking technology.

Any attempt to conceal, remove, tamper with, retain, steal, damage, disable, or unlawfully possess company-owned equipment may result in immediate notification of law enforcement and may subject the responsible party to criminal prosecution and civil liability.

Failure to return equipment as agreed may result in recovery efforts, GPS or location-device recovery measures, law enforcement notification, civil action, replacement costs, recovery expenses, attorney fees where permitted by law, and all other remedies available under Florida law.

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1. COMPLIANCE WITH LAWS AND GUIDE INSTRUCTIONS

I agree to comply with:

• Federal laws
• Florida laws
• FWC regulations
• Boating regulations
• Wildlife regulations
• Manatee protection regulations
• Sanctuary restrictions
• Speed zones
• No-entry zones
• Posted safety rules
• Guide instructions
• Captain instructions
• Staff instructions

Waters Edge Adventures reserves the right to terminate participation without refund if participant engages in unsafe conduct, violates laws, ignores instructions, threatens others, damages equipment, harasses wildlife, or creates a safety risk.

Participants removed for safety reasons are not entitled to a refund.

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1. INSURANCE DISCLOSURE

Participant understands that Waters Edge Adventures does not provide health insurance, accident insurance, medical insurance, evacuation insurance, trip insurance, or property insurance for participants.

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1. COMMUNICATIONS CONSENT

By signing this agreement, participant consents to receive reservation confirmations, trip reminders, safety notices, newsletters, promotions, special offers, event announcements, and related communications from Waters Edge Adventures. Participant may unsubscribe from promotional communications at any time.

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1. ELECTRONIC SIGNATURE AGREEMENT

Participant agrees that electronic signatures, digital signatures, typed signatures, click-through acknowledgments, and electronic records shall have the same force and effect as original handwritten signatures.

Participant further agrees that electronic records may be maintained and relied upon as evidence of acceptance of this Agreement.

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1. NO RELIANCE CLAUSE

I am not relying upon any oral statements, advertising materials, website descriptions, social media content, photographs, videos, representations, or statements not specifically contained within this Agreement.

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1. THIRD-PARTY RELEASEES

The releases contained in this Agreement extend to property owners, landowners, municipalities, counties, state agencies, parks, launch facilities, boat ramps, KP Hole, contractors, subcontractors, guides, captains, volunteers, equipment providers, affiliated service providers, and all other parties associated with the operation of activities covered by this Agreement.

These parties are collectively included within the definition of "Released Parties."

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1. VENUE, JURISDICTION, FLORIDA GOVERNING LAW, AND JURY TRIAL WAIVER

This Agreement shall be governed exclusively by the laws of the State of Florida.

Any dispute arising from this Agreement shall be brought exclusively in Citrus County, Florida.

To the fullest extent permitted by law, participant knowingly and voluntarily waives the right to trial by jury.

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1. OPTIONAL ATTORNEY FEES PROVISION – ATTORNEY REVIEW REQUIRED

If approved by legal counsel, the prevailing party in any action arising from this Agreement shall be entitled to recover reasonable attorney fees and costs.

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1. OPTIONAL ARBITRATION PROVISION – ATTORNEY REVIEW REQUIRED

Waters Edge Adventures may elect to require binding arbitration of disputes arising from this Agreement if approved by legal counsel.

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1. SEVERABILITY

If any provision of this Agreement is found invalid or unenforceable, the remaining provisions shall remain in full force and effect.

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1. ENTIRE AGREEMENT AND MODIFICATION

This Agreement constitutes the entire agreement between participant and Waters Edge Adventures regarding participation in Activities.

No oral statements, representations, or promises shall modify this Agreement.

Any modification must be in writing and signed by an authorized representative of Waters Edge Adventures.

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1. SUCCESSORS, HEIRS, ESTATES, AND ASSIGNS

This Agreement shall be binding upon participant and participant's spouse, family members, heirs, executors, administrators, personal representatives, estate, successors, and assigns.

The rights and protections provided by this Agreement shall inure to the benefit of Waters Edge Adventures and all Released Parties.

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1. ACKNOWLEDGMENT OF UNDERSTANDING

I HAVE CAREFULLY READ THIS AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I AM WAIVING SUBSTANTIAL LEGAL RIGHTS INCLUDING THE RIGHT TO SUE, AND SIGN THIS AGREEMENT FREELY AND VOLUNTARILY.

PARENT/GUARDIAN CONSENT FOR MINORS

Participants under 18 years of age must have this Agreement signed by a parent or legal guardian.

The parent or legal guardian acknowledges and agrees to all terms of this Agreement on behalf of themselves and the minor participant and consents to the minor's participation in Activities.