EXECUTION OF THIS DOCUMENT WAIVES THE RIGHT TO BRING A CLAIM FOR DAMAGES YOU MAY
INCUR: READ CAREFULLY BEFORE SIGNING.
In consideration of the personal benefits accruing to the undersigned being permitted to rent and
use beach and cabana equipment (the “Operator Equipment”) which is owned by, BEACH SUITES, LLC as
well as other good and sufficient consideration, the receipt and sufficiency of which is hereby
acknowledged, I, , for my heirs, executors, administrators or
assigns and any persons, firms or corporations in privity with them, and on behalf of my invitees,
guests, and as the parent or legal guardian of any minors identified below (collectively,
hereinafter “I”), do now by execution of this document:
HEREBY,RELEASE,WAIVE,DISCHARGE AND COVENANT NOT TO SUE BEACH SUITES and subsidiaries,
assigns, insurers, successors, agents, attorneys, owners, officers, trustees, employees, directors,
or any relatives of employees, agents and owners, (hereinafter collectively the “RELEASEES”) from
any and all liability, actions, claims, damages, costs or expenses, and demands whatsoever, whether
in law or equity, which I, may have or which any minor identified below, may have, now or in the
future, or which my heirs, executors, administrators or assigns hereafter shall or may have arising
out of, relating to, or in any way connected with my participation, or the participation of any
minors identified below, or the participation of my invitees and guests, in the rental and use of
the Operator Equipment, including, but not limited to, injuries to my person, my invitees or guests
or my or their property or to any minors identified below, including injury, disability or death,
before, during or after my rental and use of the Operator Equipment or use of the Operator
Equipment by any minor identified below, or use of the Operator Equipment by any invitee or guest,
WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE, before, during, or after the
rental and use of the Operator Equipment.
HEREBY ASSUME FULL RESPONSIBILITY FOR AND ACCEPT ALL RISK OF BODILY INJURY, DISABILITY, DEATH OR
PROPERTY DAMAGE DUE TO THE NEGLIGENCE OF THE
RELEASEES OR OTHERWISE while I, my invitees and guests, or any minor identified are renting and
using the Operator Equipment. I, my invitees and guests, and any minor identified below further
accept this risk being aware and now acknowledging that any recreational, athletic, physical or
other activity, including; but not limited to: paddleboarding surfing fishing snorkeling walking
jogging running being in the sun for an extended period of time tubing and/or swimming in which I,
my invitees and guests, or any minor identified below may engage in is inherently dangerous or
hazardous to my health, the health of my invitees and guests, any minor identified below, and may
involve the risk of serious injury, disability and/or death and/or property damage. I, my invitees
and guests, and any minor identified below acknowledge and agree that travelling to and from the
site and participation in beach activities involves inherently risky and potentially dangerous
athletic activities on and along uneven terrain in an uncontrolled natural environment. Hazards
include,
but are not limited to: uneven and slippery trails and walkways, high winds, waves, rip currents,
rocks, debris, sandbars, sea creatures, surf and sports equipment, and other people in the water
and on the beach. Additionally, I, my invitees and guests, and any minor identified below
acknowledge the contagious nature of COVID-19 and other contagious diseases and viruses and
voluntarily assume the risk that I, my invitees and guests, and any minor identified below may be
exposed to or infected by COVID-19 and other contagious diseases and viruses and may result from
the actions, omissions, or negligence of myself and others, including, but not limited to,
RELEASEES, nearby individuals, pets„ and other people in the water and on the beach. I along with
my invitees and guests, and any minors identified below agree to be fully responsible for
inspecting the site and all the Operator Equipment prior to occupying the site and using the
Operator Equipment, that we may use for any purpose and for being aware of the proper way in which
the activity for which we use the Operator Equipment should be conducted including reviewing any
training materials and product warnings provided by RELEASEES and/or the manufacturer of the
Operator Equipment. I, my invitees and guests, and any minors identified below acknowledge and
agree that we should consult a physician before engaging in any of the physical activities
identified above that is associated with the rental and use of the Operator Equipment and accept
the risks associated with and relating to engaging in the physical activity that is associated with
the site and rental and use of the Operator Equipment without first consulting a physician. I, my
invitees and guests, and any minors identified below further agree that the RELEASEES shall have no
responsibility
01268421-1
or liability for any injuries we may receive due to our failure to properly conduct or perform any
activity during our participation or due to any condition on the Operator Equipment itself.
I HEREBY AGREE TO INDEMNIFY AND SAVE AND HOLD HARMLESS THE RELEASEES, from and against all I
liability ,actions, claims, damages, costs,or expenses, including reasonable attorneys’ fees, and
demands whatsoever, whether in law or equity, which I, my invitees and guests, or any minor
identified below may have, now or in the future, or which our heirs, executors, administrators or
assigns hereafter shall or may have arising out of or in any way connected with our rental and
use of the Operator Equipment including but not limited to injuries to our person or property,
including disability or death of the undersigned, my invitees and guests, or any minor listed
below, WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE, while we are renting and
using the Operator Equipment of RELEASEES.
I FURTHER EXPRESSLY AGREE THAT THE FOREGOING RELEASE, WAIVER AND INDEMNITY AGREEMENT IS INTENDED TO
BE AS BROAD AND INCLUSIVE AS IS PERMITTED BY THE LAW OF THE STATE OF FLORIDA, IS NOT
UNCONSCIONABLE, IS FULLY ENFORCEABLE IN A COURT OF LAW AND THAT IF ANY PORTION THEREOF IS HELD
INVALID, IT IS AGREED THAT THE BALANCE OF THIS AGREEMENT SHALL, NOTWITHSTANDING, CONTINUE IN FULL
LEGAL FORCE AND EFFECT.
I HAVE READ AND VOLUNTARILY AGREED TO THE RELEASE, WAIVER OF LIABILITY,AND INDEMNITY
AGREEMENT,FOR MYSELF, MY INVITEES AND GUESTS, AND THE MINOR(S) IDENTIFIED BELOW BY CLICKING THE
ACCEPT BUTTON BELOW. I UNDERSTAND AND AGREE THAT I CANNOT RELY ON ORAL REPRESENTATIONS AND/OR
STATEMENTS AND I AGREE THAT TO THE EXTENT ANY ORAL REPRESENTATIONS AND/OR STATEMENTS WERE MADE,
THOSE ORAL REPRESENTATIONS AND/OR STATEMENTS ARE UNENFORCEABLE. I UNDERSTAND AND AGREE THAT THIS
WRITTEN AGREEMENT SHALL SUPERCEDE AND REPLACE ALL SUCH ORAL REPRESENTATIONS AND/OR STATEMENTS.
Promotional use of images: I agree and understand that during the rental and use of the Operator
Equipment, videotape and/or photographic records can and will from time to time
be maintained and that Beach Suites will have the right to use such video or photographic records
of the activities for its own promotional and/or commercial purposes without monetary compensation.
I, my invitees and guests, and the minor(s) listed below give consent and permission for the
taking of photographs and/or video of myself, my invitees and guests, or any minors identified
below during the rental of the Operator Equipment and waive and/or assign any and all rights
(including copyright) in such media to Beach Suites, as the sole owner of such media, shall have
exclusive rights to control and determine the use, display, performance, reproduction and
dissemination of any such photographs and/or videos.
THE INDIVIDUAL ACCEPTING THIS AGREEMENT MUST BE OVER THE AGE OF 18. IF SOMEONE UNDER THE AGE OF 18
WISHES TO PARTICIPATE IN THE USE OF THE OPERATOR EQUIPMENT, PRIOR TO PARTICIPATING IN SUCH USE, THE
CHILD’S PARENT OR LEGAL GUARDIAN MUST COMPLETE THE FOLLOWING SECTION BELOW.
NOTICE TO THE MINOR CHILD’S
NATURAL GUARDIAN
READ THIS FORM COMPLETELY AND CAREFULLY. YOU ARE AGREEING TO LET YOUR MINOR CHILD
ENGAGE IN A POTENTIALLY DANGEROUS ACTIVITY WHILE USING THE OPERATOR EQUIPMENT. YOU ARE
AGREEING THAT, EVEN IF THE RELEASEES USE REASONABLE CARE IN PROVIDING THE OPERATOR EQUIPMENT FOR
YOUR MINOR CHILD’S USE,THERE IS A CHANCE YOUR CHILD MAY BE SERIOUSLY INJURED, DISABLED, OR KILLED
WHILE USING THE OPERATOR EQUIPMENT BECAUSE THERE ARE CERTAIN DANGERS INHERENT IN THE USE OF THE
OPERATOR EQUIPMENT WHICH CANNOT BE AVOIDED OR ELIMINATED. BY SIGNING THIS FORM YOU ARE GIVING UP
YOUR CHILD’S RIGHT AND YOUR RIGHT TO
RECOVER FROM THE RELEASEES IN A LAWSUIT FOR ANY PERSONAL INJURY, INCLUDING DISABILITY OR DEATH, TO
YOUR CHILD OR ANY PROPERTY DAMAGE THAT RESULTS FROM THE RISKS THAT ARE A NATURAL PART OF THE
ACTIVITY EXCURSION. YOU HAVE THE RIGHT TO REFUSE TO SIGN THIS FORM, AND THE RELEASEES HAVE
THE RIGHT TO REFUSE TO LET YOUR CHILD PARTICIPATE IN THE ACTIVITY EXCURSION IF YOU DO NOT SIGN THIS
FORM.
For Minor(s):
I HERE BY AFFIRM THAT IAM THE PARENT OR LEGAL GUARDIAN OF
THE MINOR(S) WHO WILL BE USING THE OPERATOR EQUIPMENT AND BY CLICKING THE ACCEPT BUTTON I ACKNOWLEDGE IAM AGREEING TO ALL OF THE TERMS OF THIS AGREEMENT ON BEHALF OF THE
MINOR(S) WHO WILL BE USING THE OPERATOR EQUIPMENT.I SHALL INDEMNIFY THE OPERATOR RELEASEES FOR
ANY LIABILITY INCURRED BY OPERATOR RELEASEES DUE TO USE OF THE OPERATOR EQUIPMENT BY ANY MINOR WHO
IAM NOT THE PARENT OR LEGAL GUARDIAN OF.