RELEASE OF LIABILITY AND ASSUMPTION OF RISK

I ACKNOWLEDGE AND UNDERSTAND THAT BY SIGNING THIS RELEASE OF LIABILITY AND ASSUMPTION OF RISK I WILL WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE. I WILL READ THIS DOCUMENT CAREFULLY AND SEEK CLARIFICATION FROM THE COMPANY AND/OR SEEK INDEPENDENT LEGAL ADVICE PRIOR TO SIGNING, AS I MAY DEEM NECESSARY AND APPROPRIATE.

The individual named below (referred to as “I” or “me”) desires to participate in one (1) or more of the boating/boat tour and/or any other related or similar activities, including but not limited to visits to sandbars, beaches and other natural features (individually and/or collectively, the “Activity”) provided and/or sponsored by Suncoast Oasis Boat Tours, a Florida LLC with an address of Box#118 8429 Lorraine Rd Lakewood Ranch FL 34202. In consideration of being permitted by the Company to participate in the Activity/the intangible value that I will gain by participating in the Activity and in recognition of the Company’s reliance hereon, I agree to all the terms and conditions set forth in this instrument (this “Release”).

For and in consideration of the mutual covenants contained in this Release, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows:

My participation in the Activity is fully voluntary and I hereby expressly waive and release any and all claims, now known or hereafter known, against the Company and its officers, directors, managers, employees, agents, affiliates, shareholders/members, successors, and assigns (collectively, “Releasees”) on account of injury, disability, death and/or property damage arising out of or attributable to my participation in the Activity, whether arising out of the ordinary negligence of the Company or any Releasees or otherwise. I covenant not to make or bring any such claim against the Company or any other Releasee, and forever release and discharge the Company and all other Releasees from liability under such claims.

I AM AWARE AND UNDERSTAND THAT THE ACTIVITY IS A POTENTIALLY DANGEROUS ACTIVITY AND INVOLVES THE RISK OF SERIOUS INJURY, DISABILITY, DEATH AND/OR PROPERTY DAMAGE. I ACKNOWLEDGE THAT ANY INJURIES THAT I SUSTAIN MAY RESULT FROM OR BE COMPOUNDED BY THE ACTIONS, OMISSIONS OR NEGLIGENCE OF THE COMPANY OR ANY OTHERS, INCLUDING NEGLIGENT EMERGENCY RESPONSE OR RESCUE OPERATIONS OF THE COMPANY. NOTWITHSTANDING ANY SUCH RISK, WHETHER FORESEEABLE OR UNFORESEEABLE, I ACKNOWLEDGE THAT I AM VOLUNTARILY PARTICIPATING IN THE ACTIVITY WITH KNOWLEDGE OF THE DANGERS INVOLVED AND HEREBY AGREE TO ACCEPT AND ASSUME ANY AND ALL RISKS OF INJURY, DISABILITY, DEATH AND/OR PROPERTY DAMAGE ARISING FROM MY PARTICIPATION IN THE ACTIVITY, WHETHER SAME ARE CAUSED BY THE ORDINARY NEGLIGENCE OF THE COMPANY AND/OR THE RELEASEES, OR OTHERWISE.

I shall defend, indemnify and hold harmless the Company and all other Releasees against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs or expenses of whatever kind, including reasonable attorneys’ fees and costs, other fees, the costs of enforcing any right to indemnification under this Release and the cost of pursuing any insurance providers, that may be incurred by/awarded against the Company or any other Releasees in any final non-appealable judgment, arising out or resulting from any claim of a third party related to my participation in the Activity, including but not limited to any claim(s) related to my own negligence or the ordinary negligence or other conduct of the Company and the Releasees.

I agree that neither Company nor any of the other Releasees has made any warranty as to the condition, efficacy and/or safety of any products or items to be utilized or rented by me, including any boat, vessel and/or any related accessories, nor regarding the premises at which Company operates. I understand and agree that my involvement in the Activity connotes my voluntary acceptance of any related risk(s), including but not limited to the risk of contracting the coronavirus (COVID-19) and/or any other related or similar condition arising from an epidemic, pandemic or other occurrence of like nature that is beyond the control of the Company and that may occur despite Company’s ongoing efforts to maintain clean and fully sanitary premises, boats and/or vessels at all times. I agree that I will not participate in any Activity if I am either experiencing symptoms of COVID-19 and/or have a suspected or diagnosed case of COVID-19, and hereby release Company and the other Releasees from any related claims.

I also recognize and agree that my participation in the Activity may involve certain physical activity by me. I affirm that I am in good physical condition and do not suffer from any mental and/or physical condition that would limit my participation in the Activity and/or make my participation in the Activity unsafe either for myself and/or for others. I am aware that the physical exertion required for the Activity and the resulting forces exerted on the body can activate or aggravate any pre-existing physical injuries, conditions, symptoms or congenital defects. I am further aware that the Activity may involve risks, dangers and hazards, including but not limited to: changing water flow, currents, wave actions and ship wakes, changes in weather conditions, collisions with other boats and/or vehicles, man-made or natural things or objects, equipment failure, heat or sun related injuries or illness, fatigue, chill or dizziness, accidents that occur during transportation or travel to and from the sea, entrapment or obstruction by boats, other vehicles, people or marine life, reef, sand or rocks, hypothermia or dehydration, the overturning or upsetting of boats or other vehicles, drowning, negligence of others and/or negligence on the part of the Company and/or the Releasees, as well as others taking part in the Activity. I also understand and agree that boat tours and related activities may be conducted at and in locations that are comparatively remote from medical assistance, that the Activity can involve risks including but not limited to equipment failure, lightning strikes, slip and falls and other potential injuries, and I nevertheless choose to proceed with the Activity and assume any and all related risks. I hereby release the Company and the other Releasees from any claims, demands and/or causes of action that result from or relate to my participation in the Activity and from any liability now or in the future for any conditions that may result therefrom, including but not limited to heart attacks, muscle strains, muscle pulls, muscle tears, broken bones, shin splints, sunburn, heat prostration, injuries to joints, back injuries, foot injuries, bruises, cuts, abrasions and/or any other soreness, inflammation and/or illness that I may incur, paralysis, and/or harmful wildlife encounters, including death.

I agree that I will not participate in the Activity unless I am fully able to swim at the level of at least the average swimmer under normal conditions, and I further agree that my decision to participate in any Activity that could require or benefit from my ability to swim is my decision alone for which I am solely responsible and as to which I release the Company and the Releasees from any liability. I also understand and agree that the Activity should only be undertaken after proper instruction, that the Company is not providing me with any instruction with respect thereto, and that I have arranged to be properly instructed in proper conduct while aboard any boat, vessel, vehicle or other conveyance prior to participating in the Activity. I further acknowledge and agree that for any activities that either require or make it advisable for me to utilize a personal flotation device (“PFD”), I may use the PFD provided by the Company at all times while participating in the Activity, as and where appropriate, and if should I fail to do so the responsibility for such choice is mine alone; my failure to use a PFD will represent conduct for which I expressly assume the sole and entire risk. I acknowledge and understand that infant and small child life jackets are available upon request.

I understand and agree that I will immediately report to Company any potentially dangerous and/or defective conditions that I may observe or believe to exist with respect to any boat or vessel utilized by the Company, and that in the presence of any such conditions I will cease participation in the Activity as promptly as practicable, unless and until the Company has had the opportunity to remedy such conditions. Should I fail to observe any of the foregoing procedures and requirements, I assume responsibility therefor as well as any associated risks and/or liabilities. I further release Company and the Releasees from any and all claims regarding a failure to warn of any applicable boating, watercraft and/or vehicle rules and regulations that may apply to the Activity, directly or indirectly, which I acknowledge are my sole responsibility to know and to follow.

I hereby consent to receive any medical treatment deemed necessary if I am injured or require medical attention during my participation in the Activity. I understand and agree that I am solely responsible for all costs related to such medical treatment and any related medical transportation and/or evacuation. I hereby release, forever discharge, and hold harmless the Company and the Releasees from any claim based on such treatment or other medical services.

I further release Company and the other Releasees from any and all claims for loss of, or damage to, my own personal property that Company has received, handled, stored or that was left and/or carried in or by, any boat, vessel and/or other conveyance utilized during my participation in the Activity, whether or not the loss/damage was caused by my own negligence or that of another, including Company and the other Releasees.

I agree that Company may take photographs and/or videos of me when I am participating in the Activity and I authorize Company to use and publish such likeness in any media, electronically or otherwise, in perpetuity and release Company from any liability with respect to the use of my likeness in any media that is utilized by the Company for any lawful purpose, including but not limited to publicity, advertising and/or website content.

This Release constitutes the sole and entire agreement of the Company and me with respect to the subject matter hereof and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to such subject matter. If any term or provision of this Release is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Release or invalidate or render unenforceable such term or provision this or any other jurisdiction. This Release is binding on me and shall inure to the benefit of the Company, the Releasees and their respective successors and assigns.

No term of this Release may be modified except in a writing that is signed by a duly authorized representative of the Company. All matters arising out of or relating to this Release shall be governed by and construed in accordance with the internal laws of the State of Florida, without giving effect to any choice of law or conflict of law provision or rule (whether of the State of Florida or any other jurisdiction). Any claim or cause of action arising under this Release may be brought only in the federal and state courts located in the 13 th Judicial Circuit, Florida and/or the United States District Court for the Middle District of Florida, respectively, and I hereby consent to the exclusive jurisdiction of such courts. Any dispute under this Release shall first be required to be resolved by binding arbitration of the parties hereto before any litigation is commenced. If the parties cannot agree on an arbitrator, each party shall select one arbitrator and both arbitrators shall then select a third; the third arbitrator so selected shall arbitrate said dispute. The arbitration shall be governed by the rules of the American Arbitration Association then in force and effect.The parties to any arbitration shall each bear their own respective costs. The arbitration shall be held in Hillsborough County, Florida.

BY SIGNING, I ACKNOWLEDGE I HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS RELEASE AND THAT I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING BUT NOT LIMITED TO THE RIGHT TO SUE THE COMPANY AND/OR THE RELEASEES, ALL OF WHICH I HOLD HARMLESS FROM ANY AND ALL LIABILITY FOR PERSONAL INJURY, PROPERTY DAMAGE AND/OR WRONGFUL DEATH TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, WHETHER RELATED TO BREACH OF CONTRACT, BREACH OF ANY STATUTORY DUTY OR OTHER DUTY OF CARE. I FURTHER CERTIFY THAT I AM EIGHTEEN (18) YEARS OF AGE OR OLDER, OR AM REPRESENTED BY MY PARENT/LEGAL GUARDIAN, AND THAT I HAVE NOT PROVIDED THE COMPANY WITH ANY FALSE OR MISLEADING INFORMATION IN CONNECTION WITH THIS RELEASE AND/OR MY PARTICIPATION IN THE ACTIVITY.

By clicking ACCEPT or by purchasing any services from or on behalf of Company, I agree and consent to the Release and all its terms as set forth herein, and agree that my electronic signature hereon is as authentic and binding as would be my physical signature. If I am a minor, my parent and/or legal guardian signs this Release for me and in my place, and such parent and/or legal guardian represents that s/he has the legal right to consent and does consent to the Release and all its terms.

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