Release & Waiver of Liability

Release of liability and assumption of risk

• In consideration of permitting Guest and Host to utilize the Services, Guest and Host, and to the full extent allowed by law, on behalf of each individually, himself or herself, his or her spouse, children/wards and guests (collectively the “Parties”, or individually, “I”, or “Me”), do hereby release, waive and discharge Dockaboat Applications, Inc. of and from any and all manner of action or actions, cause or causes of action, in law or in equity, suits, debts, liens, contracts, agreements, promises, covenants, obligations, liabilities, claims, demands, losses, damages, costs or expenses, including but not limited to court costs and attorneys’ fees (including reasonable attorneys’ and paralegals’ fees and costs incurred before and at trial, at all tribunal levels, whether or not suit is instituted, and at arbitration and in establishing this right to indemnification), of any nature whatsoever, whether or not now known, claimed or suspected, fixed or contingent (hereinafter collectively referred to as “Claims”) which the Parties may have, or which may hereafter accrue to the Parties, as a result of Parties’ use of the Services.
• This Release is intended to discharge in advance Dockaboat Applications, Inc., its members, officers, employees and agents from any and all liability arising out of or connected in any way with the Parties’ use of the Services even though that liability may arise out of negligence or carelessness on the part of the Dockaboat Applications, Inc.

Risk of Parties

• By signing this Release I am aware and understand that the boating activity (“Activity”) is a potentially dangerous activity and involves the risk of serious injury, disability, death, and/or property damage. I am also aware of the highly contagious nature of bacterial and viral diseases, including COVID-19 and other infectious diseases (collectively, the “Disease”) and the risk that I may be exposed to or contract the Disease by being on the Premises of Host and engaging in the Activity, which may result in illness, personal or psychological injury, pain, suffering, temporary or permanent disability, death, property damage, and/or financial loss. I acknowledge that these risks may result from or be compounded by the actions, omissions, or negligence of the Parties, Dockaboat Applications, Inc., or others, including negligent emergency response or rescue operations of Dockaboat Applications, Inc. I understand that while the Dockaboat Applications, Inc. has implemented rules that the Parties should abide to in order to reduce the risk of injury from the Activity and the spread of the Disease, Dockaboat Applications, Inc. cannot guarantee that I will not be injured or become infected with the Disease while on the Premises of Host or during my participation in the related Activity and that being on the Premises of Host and engaging in the Activity may increase my risk of harm contracting the Disease.

Not withstanding these risks, I acknowledge that I am Voluntarily accessing the premises of host and participating in the activity with knowledge of the dangers involved. I hereby agree to accept and assume all risks of illness, personal or psychological injury, pain, suffering, temporary or permanent disability, death, property damage, and/or Financial loss arising therefrom, whether caused by the ordinary negligence of dock-a-boat applications, INC. or otherwise.

Waiving Claims and Assuring Safe Experiences

• I hereby expressly waive and release any and all claims, now known or hereafter known, against Dockaboat Applications, Inc. and its officers, directors, managers, employees, agents, affiliates, shareholders, successors, and assigns (collectively, “Releasees”) on account of personal or psychological injury, illness, pain, suffering, temporary or permanent disability, death, property damage, or financial loss arising out of or attributable to my being on the Host’s Premises or participating in the Activity, whether arising out of the ordinary negligence of Dockaboat Applications, Inc. or any Releasees or otherwise. I covenant not to make or bring any such claim against Dockaboat Applications, Inc. or any other Releasee, and forever release and discharge Dockaboat Applications, Inc. and all other Releasees from liability under such claims. This waiver and release does not extend to claims for gross negligence, willful misconduct, or any other liabilities that Florida law does not permit to be released by agreement.

Understanding of the Agreement

• This Release constitutes the sole and entire agreement of Dockaboat Applications, Inc. and Me with respect to the subject matter contained herein 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 in any other jurisdiction.

Binding Terms and Jurisdiction

• This Release is binding on and shall inure to the benefit of the Dockaboat Applications, Inc. and Me and our respective successors and assigns. 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 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 Miami-Dade County, Florida and I hereby consent to the exclusive jurisdiction of such courts.