Terms & Conditions
Terms & Conditions
GENERAL SAFETY & LIABILITY WAIVER
Miami Aqua Tours General Safety & Liability Waiver
In consideration of my acceptance as a passenger of the Company (as defined below), and the services and amenities provided thereby, I HEREBY CONFIRM THAT I HAVE READ THIS GENERAL SAFETY & LIABILITY WAIVER (THIS “WAIVER”) IN IT’S ENTIRETY AND CONFIRM MY UNDERSTANDING AND ACCEPTANCE OF THE FOLLOWING:
BY PURCHASING A TICKET OR PRIVATE CHARTER from the Company, I acknowledge my desire to participate as a passenger on the recreational boat tour or charter vessel(s) owned and operated by the Company, and I acknowledge that my participation is completely voluntary.
I UNDERSTAND THAT THERE ARE INHERENT RISKS AND HAZARDS INVOLVED WITH BOATING, whether foreseeable or unforeseeable, before, during and after an activity (i.e. boating, swimming and other related activities), including such activities provided to me by [DABUN, INC.] DBA Miami Aqua Tours or any of its officers, directors, employees, agents, attorneys, heirs, independent contractors, vessels, subsidiaries, partners, affiliates, successors and/or assigns (collectively referred to herein as, the “Company”). I acknowledge that these risks and hazards are inherent in being a boat passenger and participating in any activities relating thereto.
THESE RISKS INCLUDE, but are not limited to, the dangers of serious personal injury death and property damage resulting from, but not limited to, physical exertion and activities, any contact with other boats, marine wildlife, rip currents, and other water hazards, being finned, bit, slashed, stabbed, burnt, broken, dismembered, disfigured, drowned or killed, or slip and fall, lightning strikes and other inclement weather, equipment failure, perils of the sea, harm caused by other vessels, acts of fellow passengers, inappropriate, intoxicated and unsafe behavior of passengers, entering and exiting the water, boarding or disembarking boats, and activities on the docks. I fully understand that these risks can lead to severe injury and even loss of life. Despite these potential hazards and dangers, I wish to proceed, and I freely accept and expressly assume all risk, dangers, and hazards that may arise.
I FULLY ASSUME RESPONSIBILITY FOR MY OWN SAFETY (including, without limitation, following all directions of the boat’s captain and crew) while participating in the services provided to me by the Company, and verify that I am physically able to participate. I agree to wear appropriate boating footwear and act responsibly before, during and after the recreational boat tour or charter. The captain retains the right to terminate a recreational boat tour or charter in the event inappropriate behavior is compromising the safety of himself or the passengers.
I FULLY UNDERSTAND AND AGREE that the Company has not tried to contradict or minimize my understanding of these risks. I know that injuries, damages, and death can occur by natural causes or activities of other people, users, staff, or third parties, either as a result of negligence or because of any other reasons. I understand and appreciate that I may have to use extra care to reduce the risks when exposed to these hazards.
I FULLY UNDERSTAND that Florida law REQUIRES children under age 6 to wear a Personal Floatation Device (PFD) while the vessel is underway. The U.S. Coast Guard suggests children under 13 to wear an approved life jacket but leaves that decision to the discretion of the parent.
BY PURCHASING A TICKET, I am not relying on any oral or written representations or statements made by the Company other than what is set forth in this Waiver. No person associated with the Company has made any express or implied representation to me that they or the boat’s 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 any person or entity responsible for their actions in attempting the performance or rescue or first aid.
MEDICAL CARE. I fully understand that the involved recreational boat tour or charter vessel has no medical facilities and that in the event of illness or injury appropriate medical care must be summoned by radio and treatment will be delayed until I can be transported to a proper medical facility. I agree in advance to these conditions. In addition, I agree to cover all costs, expenses associated with calling in medical assistance and transportation to a proper medical facility.
RELEASE OF LIABILITY. I understand and agree to WAIVE AND DISCHARGE CLAIMS AGAINST, RELEASE FROM LIABILITY, INDEMNIFY, DEFEND, AND HOLD HARMLESS the Company from and against ANY AND ALL LIABILITY on account of, or in any way resulting from, my death, personal injury or damages related to my time and use of the Company, even if caused by NEGLIGENCE OR GROSS NEGLIGENCE. Such negligence could involve, but is not limited to, (a) negligent operation and supervision, (b) negligent maintenance or operation of the equipment or boat in general, (c) negligent manufacture or use of equipment to be used on the boat, (d) overconsumption of alcohol by passengers, (e) presence of foreign substances on boat surfaces, and (f) the negligent facilitation or provisions of emergency response services.
This Waiver constitutes the sole and entire agreement of the Company 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 Waiver is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this or invalidate or render unenforceable such term or provision in any other jurisdiction. This Waiver is binding on and shall inure to the benefit of the Company and me and their respective successors and assigns. All matters arising out of or relating to this Waiver 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). I fully understand and intend this Waiver to be as broad and inclusive as permitted by law, and to be binding upon my heirs, executors, administrators, and assigns.
BINDING ARBITRATION. All claims and disputes arising under or relating to this Waiver are to be settled by binding arbitration in the state of Florida. The arbitration shall be conducted on a confidential basis pursuant to the Commercial Arbitration Rules of the American Arbitration Association. Any decision or award as a result of any such arbitration proceeding shall be in writing and shall provide an explanation for all conclusions of law and fact and shall include the assessment of costs, expenses, and reasonable attorneys’ fees. Any such arbitration shall be conducted by an arbitrator experienced in maritime law pertaining to commercial water sports and shall include a written record of the arbitration hearing. The parties reserve the right to object to any individual who shall be employed by or affiliated with a competing organization or entity. An award of arbitration may be confirmed in a court of competent jurisdiction.
BY PURCHASING A TICKET, FARE, OR CHARTER AND ACCORDING TO THE COMPANY’S TERMS AND CONDITIONS, AS WELL AS READING AND AGREEING TO THIS WAIVER, PASSENGERS AGREE THAT THEY UNDERSTAND IT AND VOLUNTARILY AGREE TO BE BOUND BY IT, FROM THE DATE OF THE TICKET, FARE, OR CHARTER PURCHASE.
NOTICE TO THE MINOR CHILD’S NATURAL GUARDIAN
READ THIS WAIVER COMPLETELY AND CAREFULLY. YOU ARE AGREEING TO LET YOUR MINOR CHILD(REN) ENGAGE IN A POTENTIALLY DANGEROUS ACTIVITY. YOU ARE AGREEING THAT, EVEN IF THE COMPANY USES REASONABLE CARE IN PROVIDING ITS SERVICES, THERE IS A CHANCE YOUR CHILD MAY BE SERIOUSLY INJURED OR KILLED BY PARTICIPATING IN SUCH SERVICES BECAUSE THERE ARE CERTAIN DANGERS INHERENT IN THE ACTIVITY WHICH CANNOT BE AVOIDED OR ELIMINATED. BY PURCHASING A TICKET FORM THE COMPANY, YOU ARE GIVING UP YOUR CHILD’S RIGHT AND YOUR RIGHT TO RECOVER FROM THE COMPANY IN A LAWSUIT FOR ANY PERSON INJURY, INCLUDING DEATH, TO YOUR CHILD OR ANY PROPERTY DAMAGE THAT RESULTS FROM THE RISKS LISTED ABOVE. YOU HAVE THE RIGHT TO REFUSE TO PURCHASE A TICKET.
Tickets are 100% not refundable. Only Miami Aqua Tours is authorized to entirely cancel any event, in case of storms or damages. Keep in mind that you can book a time, not a specific boat. Ships sails during the hours specified in this page.
If there is a boat’s technical malfunction, all customers will be transferred to the next cruise. If this happens, customers will be advised.
This policy applies to the tickets purchased on our website, commercial kiosks, phone numbers, and through our affiliates.