Legal
Liability Waiver & Assumption of Risk
Last updated: June 28, 2026
1. Assumption of Risk
I understand that boating, swimming, snorkeling, water sports, and related activities on or near the water carry inherent risks, including but not limited to: drowning; slips, trips, and falls on wet surfaces; collision with other vessels or fixed objects; sudden weather changes; equipment failure; exposure to sun, heat, or marine life; seasickness; and injuries from boarding or disembarking. I freely and knowingly assume all such risks, whether known or unknown.
2. Release of Liability
To the fullest extent permitted by Florida law and U.S. maritime law, I, on behalf of myself, my spouse, my children, my heirs, and my personal representatives, hereby RELEASE, WAIVE, AND DISCHARGE AquaLuxe Miami LLC, its captain, crew, owners, officers, employees, agents, vessel, and insurers (collectively the "Released Parties") from any and all liability, claims, demands, actions, and causes of action whatsoever arising out of or related to any loss, damage, injury, or death I or my guests may sustain while participating in the charter, EXCEPT where caused by the gross negligence or willful misconduct of the Released Parties.
3. Indemnification
I agree to INDEMNIFY AND HOLD HARMLESS the Released Parties from any loss, liability, damage, or cost (including reasonable attorneys' fees) they may incur arising out of my participation in the charter or any breach of these terms by me or my guests.
4. Captain's Authority & Safety Rules
- The Captain has final authority over all safety, navigation, and conduct decisions.
- I will obey all safety instructions, including wearing a life jacket when directed.
- I will not consume illegal substances on board, and minors will not consume alcohol.
- I will not enter restricted areas of the vessel or operate the helm without permission.
- I understand the Captain may end the charter without refund if I or my guests jeopardize safety.
5. Medical Conditions
I represent that I am physically fit and have no medical condition that would prevent my safe participation. I will inform the Captain before departure of any medical condition (heart condition, seizure disorder, pregnancy, allergies, etc.) that could affect my safety on board. I authorize the Released Parties to obtain emergency medical treatment for me at my expense if I am unable to consent.
6. Minors
If any guest is under 18, the booking adult signs this waiver as parent or legal guardian on the minor's behalf and agrees to its terms for the minor.
7. Personal Property
I understand the Released Parties are not responsible for loss of or damage to personal property brought aboard (phones, cameras, jewelry, sunglasses, clothing, etc.). I bring such items at my own risk.
8. Severability & Governing Law
If any provision of this Waiver is held unenforceable, the remaining provisions remain in full force and effect. This Waiver is governed by the laws of the State of Florida and applicable U.S. federal maritime law, and any dispute will be brought exclusively in the state or federal courts located in Miami-Dade County, Florida.
9. Acknowledgement
I HAVE READ THIS WAIVER, UNDERSTAND IT, AND SIGN IT VOLUNTARILY. By submitting a booking and boarding the vessel, I confirm my agreement to all of the above on behalf of myself and any minors in my party.