Terms & Conditions
Pardo Yachts Miami LLC
Pardo Yachts Miami LLC DEMONSTRATION EXPRESS ASSUMPTION OF RISK, WAIVER, RELEASE OF LIABILITY AND INDEMNIFICATION AGREEMENT
NOTICE: THIS IS A LEGALLY BINDING AGREEMENT WHICH IS INTENDED TO PROVIDE A COMPREHENSIVE RELEASE OF LIABILITY, BUT IS NOT INTENDED TO ASSERT ANY CLAIMS OR DEFENSES WHICH ARE PROHIBITED BY LAW
The purpose of this document is to establish an understanding between the owner, seller, or acting agent of all parties involved for-sea trial, delivery, or-of scheduled acts with one or all parties.
In consideration of being permitted to be a part of a water/sea trial and/or operate a boat during the demonstration event (herein the "SEA TRIAL"), sponsored by Pardo Yachts Miami LLC The RELEASOR, being over the age of 18, for himself or herself, his or her spouse, his or her heirs, executors, administrators, successors and assigns, does enter into this EXPRESS ASSUMPTION OF RISK, WAIVER, RELEASE OF LIABILITY AND INDEMNIFICATION AGREEMENT (hereinafter referred to as the "WAIVER") and does HEREBY FULLY RELEASE AND FOREVER DISCHARGE Pardo Yachts Miami LLC , AND THEIR DIRECTORS, OFFICERS, AGENTS, EMPLOYEES, AFFILIATES. SUCCESSORS, ASSIGNS, AFFILIATED VESSELS, RESPECTIVE MASTERS, OFFICERS AND CREW, AGENTS, OPERATORS, CHARTERS AND UNDERWRITERS. and its and/or their respective heirs, executors, administrators, successors and assigns (herein jointly and severally referred to as "RELEASEES"), of and from any and all actions, causes or right of action, suits, damages, judgments, executions, claims and demands whatsoever, either in law, admiralty, or equity, by reason of any matter, cause or thing whatsoever, known or unknown, from the beginning of the world to the end of time, including attorney's fees, expenses, and costs of RELEASOR or third parties, ASSURING FROM ANY OCCURRENCE, ACCIDENT, INJURY OR PROPERTY DAMAGE WHATSOEVER, RELATED TO, RESULTING FROM, OR IN ANY WAY CONNECTED WITH, RELEASOR'S TRAINING FOR OR PARTICIPATION IN A SEA, AS WELL AS RELEASOR'S USE OR OPERATION OF SAID BOAT. Likewise, Pardo Yachts Miami LLC agree(s) to conduct the SEA TRIAL, and to make the boat available for RELEASOR to sea trial or operate for evaluation purposes .
This WAIVER contains the entire agreement between the parties hereto. shall not be altered except in a writing signed by RELEASOR AND Pardo Yachts Miami LLC (on its own behalf or on behalf of any of the other RELEASEES), and shall be considered a contractual agreement to ANd NOt A MCTC TECitAI. RELEASOR FURTHER STATES THAT HE OR SHE HAS CAREFULLY READ THIS ENTIRE AGREEMENT, SIGNED THIS WAIVER OF HIS OR HER OWN FREE WILL, AND,IN SO DOING, ACKNOWLEDGES AND AGREES TO ABIDE AND BE BOUND BY THE FOLLOWING EXPRESS TERMS AND CONDITIONS:
l. RELEASOR IS AWARE THAT OPERATING OR SEA TRIAL OF A BOAT are inherently hazardous and dangerous and can expose me to hazards and risks, both natural and artificial that may result in harm, damage, personal injuries or death. , AND RELEASOR HAS VOLUNTARILY ELECTED TO PARTICIPATE IN THIS ACTIVITY WITH FULL KNOWLEDGE, ACCEPTANCE AND ASSUMPTION OF ANY AND ALL RISKS OF SERIOUS PERSONAL IN.IURY TO OR DEATH OF THE OPERATOR OR OTHER
Pardo Yachts Miami LLC
PERSONS. RELEASOR understands that each BOAT is a powerful machine with either a gas/diesel or electrical engine that can suddenly and violently accelerate, turn, stop and/or lose control, depending upon the OPERATOR'S operation, and weather/sea conditions.
2. RELEASOR acknowledges that the BOAT must at all times be operated in a reasonable, safe and prudent manner. RELEASOR acknowledges that prohibited maneuvers may unreasonably or unnecessarily increase the danger to life, limb or property, and that strict compliance with all rules, regulations, and/or instructions given by Pardo Yachts Miami LLC OR Pardo Yachts Miami LLC crew or representatives and all operating rules is required. RELEASOR acknowledges that he or she has reviewed and understands all Pardo Yachts Miami LLC instructions and operating rules. RELEASOR agrees to abide by those rules.
Violation of any of the above may result in immediate termination of RELEASOR'S participation in the Sea Trial, with forfeiture of any security deposit.
3. RELEASOR warrants she or he is over eighteen (18) years of age, IN POSSESSION OF A VALID AUTOMOBILE DRMR'S LICENSE, in good physical and mental condition, with no known medical conditions or disabilities incompatible with the safe operation of any BOAT, and is physically/mentally able to participate in the boat trial in which RELEASOR is about to engage.
4. Pardo Yachts Miami LLC have made no representations to me, implied or otherwise, that they or their crew can or will perform safe rescues or render first aid. In the event I show signs of distress or call for aid, I would like assistance and will not hold Pardo Yachts Miami LLC , their crew or other passengers responsible for their actions in attempting the performance or rescue of first aid.
5. USE OF MY LIKENESS: I understand that during the Activity I may be photographed or videotaped. To the fullest extent allowed by law, I waive all rights of publicity or privacy or pre-approval that I have for any such likeness of me or use of my name in connection with such likeness, and I grant to Pardo Yachts Miami LLC and its assigns permission to copyright, use, and publish (including by electronic means) such likeness of me, whether in whole or part, in any form, without restrictions, and for any purpose, and with no further approval from me.
6. RELEASOR ACKNOWLEDGES THAT HE/SHE IS NOT PERMITTED TO OPERATE THE BOAT WHILE UNDER THE INFLUENCE OF, OR IN ANY WAY IMPAIRED BY, ANY DRUG (legal or illegal) OR ALCOHOL. RELEASOR HEREBY PROMISES AND WARRANTS THAT. AT THE TIME HE/SHE EXECUTES THIS WAIVER. RELEASOR IS NOT UNDER THE INFLUENCE OF. OR IN ANY WAY IMPAIRED BY ANY DRUG (legal or illegal) AND/OR ALCOHOL. RELEASOR FURTHER PROMISES AND WARRANTS THAT HE/SHE HAS NOT CONSUMED, AND SHALL NOT CONSUME, ANY DRUG (legal or illegal) OR ALCOHOL WHILE OPERATING THE BOAT.
Pardo Yachts Miami LLC
7. RELEASOR acknowledges she or he has received live, in person, on-site instruction from a Pardo Yachts Miami LLC employee regarding the use and operation of the BOAT, had the opportunity to make inquiries regarding the safe operation of the BOAT, and received all relevant and necessary safety and/or operational information before commencing operation of the BOAT.
8. RELEASOR agrees not to operate the BOAT outside of designated operation areas, and further agrees to indemnify RELEASEE for any and all damages to the BOAT, other than ordinary wear and tear. RELEASOR further agrees to hold harmless and indemnify RELEASEES for and against any and all damages, injuries or losses inflicted, incurred or sustained by and/or to RELEASOR or other persons, objects or property, and caused by RELEASOR'S use or operation of the BOAT.
9. RELEASOR acknowledges that BOAT DEMONSTRATION AND/OR OPERATION is optional, and an independent, voluntary activity undertaken by RELEASOR, independent of RELEASOR'S communications with or relationship to any of the RELEASEES. RELEASOR acknowledges that each and/or all RELEASEES may take full advantage of all statutory provisions of the State of Florida and or United States of America providing for the limitation and exoneration from liability and the procedures provided thereby, including, but not limited to Title 46, United States Code, sections 30501 -30512.
10. Notwithstanding any representations communicated herein or during the training. RELEASOR understands and acknowledges that RELEASEES have not warranted or ensured that the BOAT is fit or suitable for any particular use or particular purpose, or that weather or environmental conditions predicted for, observed. present during or prevailing at or near the site of the Sea Trial are appropriate or suitable for use or operation of the BOAT.
11. Except where such terms would be inconsistent with the terms of this WAIVER, the terms and conditions of any other document that any of the RELEASEES may request that RELEASOR execute in connection with the SEA TRIAL contemplated hereby are hereby incorporated herein by reference as though fully set forth herein, and shall be applicable to any claim, demand, suit or action arising from, or in any way connected with, RELEASOR'S participation in the Sea Trial, and/or use or operation of said BOAT.
12.In the event that any of the terms or provisions of this WAIVER are declared void, invalid or unenforceable by any Court of competent jurisdiction or by any Federal or State Government Agency having jurisdiction over the subject matter of this WAIVER, the remaining terms, and provisions that are not effected thereby shall remain in full force and effect.
13. RELEASOR and RELEASEES agree that any action, or cause of action, which might arise in connection with the RELEASOR'S participation in the SEA TRIAL, RELEASOR'S use of the BOAT, or this WAIVER, may only be brought in or before a Federal or State Maritime Court or Court of Admiralty of competent jurisdiction in BROWARD COUNTY, FL, or the United States District Court for the Southern District of Florida.
I have read this assumption and acknowledgment of risks and the release of liability agreement. I understand that by signing this document, ! am waiving valuable legal
Pardo Yachts Miami LLC
Waiver of Liability Relating to Coronavirus/COVID-19
The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is reported to be extremely contagious. The state of medical knowledge is evolving, but the virus is believed to spread from person-to-person contact and/or by contact with contaminated surfaces and objects, and even possibly in the air. People reportedly can be infected and show no symptoms and therefore spread the disease. The exact methods of spread and contraction are unknown, and there is no known treatment, cure, or vaccine for COVID-19. Evidence has shown that COVID-19 can cause serious and potentially life threatening illnessen death.
Pardo Yachts Miami LLC cannot prevent you [or your child(ren)] from becoming exposed to, contracting, or spreading COVID-19 while utilizing Pardo Yachts Miami’s services or premises. It is not possible to prevent against the presence of the disease. Therefore, if you choose to utilize Pardo Yachts Miami’s services and/or enter onto Pardo Yachts Miami’s premises you may be exposing yourself to and/or increasing your risk of contracting or spreading COVID-19.
ASSUMPTION OF RISK:
I have read and understood the above warning concerning COVID-19. I hereby choose to accept the risk of contracting COVID-19 for myself and/or my children in order to utilize Pardo Yachts Miami’s services and enter Pardo Yachts Miami’s premises. These services are of such value to me [and/or to my children,] that I accept the risk of being exposed to, contracting, and/or spreading COVID-19 in order to utilize Pardo Yachts Miami’s services and premises in person.
WAIVER OF LAWSUIT/LIABILITY:
I hereby forever release and waive my right to bring suit against Pardo Yachts Miami LLC and its owners, officers, directors, managers, officials, trustees, agents, employees,
or other representatives in connection with exposure, infection, and/or spread of COVID-19 related to utilizing Pardo Yachts Miami’s services and premises. I understand that this waiver means I give up my right to bring any claims including for personal injuries, death, disease or property losses, or any other loss, including but not limited to claims of negligence and give up any claim I may have to seek damages, whether known or unknown, foreseen or unforeseen.
CHOICE OF LAW:
I understand and agree that the law of the State of Florida will apply to this contract.
I HAVE CAREFULLY READ AND FULLY UNDERSTAND ALL PROVISIONS OF THIS RELEASE, AND FREELY AND KNOWINGLY ASSUME THE RISK AND WAIVE MY RIGHTS CONCERNING LIABILITY AS DESCRIBED ABOVE