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Accident Waiver and Release of Liability Form

Activity: Jet Ski Rental & Snorkel Dive

Water Funtastic SA de CV dba Water Adventure hereafter refered to as Water Adventure

I HEREBY DECLARE AND CONFIRM THAT BY RENTING THE EQUIPMENT I ASSUME COMPLETE RESPONSIBILITY FOR THE RISKS THAT INVOLVE OPERATING, NAVIGATING AND PARTICIPATING IN THIS AQUATIC ACTIVITY, as it is established in the State of Quintana Roo Civil Code articles 115 and 2733 , including but not limited to the following examples: being pressed, hurt, thrown, fall down, cut, bruised, burned, drowned or hit. I acknowledge that this activity may involve a test of a person's physical and mental limits and carries with it the potential for death, serious injury, and property loss. The risks include, but are not limited to those caused by terrain, facilities, temperature, weather, condition of participants, equipment, vehicular traffic, lack of hydration, and actions of other people including, but not limited to participants, volunteers, monitors, and/or producers of the activity. These risks are not only inherent to participants, but are also present for volunteers.I further confirm and acknowledge that I am receiving the rental equipment from Water Adventure in good operating condition, accepting hereby the statement by Water Adventure that this equipment has been maintained and is not defective. This statement in fulfillment of Quintana Roo’s Civil Code section 2733, second paragraph.I further agree to accept responsibility for any damages to Water Adventure equipment caused by not following instructions from and/or disobeying the activity leader... As well as accepting responsibility for any damages to third parties due to my own negligence in operating the equipment and/or not following the said instructions and operation regulations.

I certify that I am physically fit, have sufficiently prepared or trained for participation in this activity, and have not been advised against participation in such activities by any qualified medical professional. That I am not under the influence of any drug, alcohol or medication that can impair my judgment. I certify that there are no health-related reasons or problems which preclude my participation in this activity.I acknowledge that this Accident Waiver and Release of Liability Form will be used by the event holders, sponsors, and organizers of the recreational aquatic activity for which I am renting equipment and I may participate, and that it will govern my actions and responsibilities at said activity. In consideration of my rental application and permitting me to participate in this aquatic recreation activity, I hereby take action for myself, my executors, administrators, heirs, next of kin, successors, and assigns as follows:

(a) BY SIGNING THIS DOCUMENT I WAIVE, RELEASE, AND DISCHARGE THE FOLLOWING ENTITIES OR PERSONS: Water Adventure, and/or their directors, officers, employees, volunteers, representatives, agents, and the activity holders, sponsors, and volunteers from any and all liabilities, including but not limited to liability arising from the negligence or fault of the entities or persons released, for my death, disability, personal injury, property damage, property theft, or actions of any kind which may hereafter occur to me, resulting from this equipment rental and participating in this aquatic recreational activity, including transportation to and from the event.

(b) I INDEMNIFY, HOLD HARMLESS, AND WAVE MY RIGHTS TO SUE the entities or persons mentioned in the above paragraph from any and all liabilities or claims made as a result of this equipment rental and participation in this aquatic recreational activity, whether caused by passive or active negligence of release or otherwise.

I acknowledge that Water Adventure and their directors, officers, volunteers, representatives, and agents, as well as any property owned, maintained, or controlled by Water Adventure are NOT responsible for the errors, omissions, acts, or failures to act of any party or entity conducting an aquatic recreational activity with their rental or the use of their equipment.I hereby consent to receive medical treatment which may be deemed advisable in the event of injury, accident, and/or illness during this recreational aquatic activity. I understand while participating in this activity, I may be photographed. I agree to allow my photo, video, or film likeness to be used for any legitimate purpose by the activity holders, producers, sponsors, organizers, and assigns.This Accident Waiver and Release of Liability Form shall be construed broadly to provide a release and waiver to the maximum extent permissible under applicable law.

I CERTIFY THAT I AM 18 YEARS OF AGE OR OLDER AND LEGALLY ABLE TO SIGN THIS LIABILITY WAIVER, BY WHICH I AM AGREEING TO EXCLUDE AND RELEASE ALL PARTIES AND OR INDIVIDUALS FROM ANY PERSONAL, PROPERTY OR DEATH DAMAGES RESPONSIBILITY, INCLUDING BUT NOT LIMITED TO ACTIVE OR PASSIVE NEGLIGENCE BY THE RELEASED PARTIES., THAT I HAVE READ THIS DOCUMENT AND I FULLY UNDERSTAND ITS CONTENT AND THE DANGERS AND RISKS I AM ASSUMING BY RENTING THIS EQUIPMENT TO ENGAGE IN AN AQUATIC RECREATIONAL ACTIVITY. I AM AWARE THAT THIS IS A RELEASE OF LIABILITY AND A CONTRACT, THAT IS LEGALLY VALID AND CAN BE USED TO AVOID ANY MONETARY COMPLAINT FROM THE PARTIES INVOLVED AND OR BY INDIVIDUALS, NAMED OR NOT, FOR BEING PERSONALLY HURT, FOR PROPERTY DAMAGE OR DEATH, CAUSED BY NEGLIGENCE OR WAIVED LIABILITY FROM A DEFECTIVE PRODUCT. THAT I AM SIGNING IT OF MY OWN FREE WILL.


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SIGNED - WITNESS - DATE