Boat Charter Liability Waiver

ASSUMPTION OF RISK

Boating and marine recreational activities involve inherent, obvious, and unpredictable risks that cannot be eliminated without destroying the essential nature of the activity.

These risks include, but are not limited to:

• Slipping, tripping, or falling on wet or uneven surfaces
• Vessel movement, wakes, waves, sudden acceleration or deceleration
• Collision, grounding, mechanical failure, capsizing
• Drowning, near-drowning, or injury from swimming, snorkeling, paddleboarding, wakeboarding, wakesurfing, tubing, floating, or similar activities
• Injury from dancing, stretching, yoga, or other movement onboard
• Sunburn, heat exhaustion, dehydration, or exposure to weather conditions
• Contact with marine life or environmental hazards
• Delayed medical response due to marine location
• Acts or omissions of other participants
• Unknown or latent conditions of the vessel or equipment

You understand that participation may result in serious bodily injury, permanent disability, emotional distress, property damage, or death.

You voluntarily and knowingly assume all risks, whether known or unknown, foreseeable or unforeseeable.

MARITIME LAW / JURISDICTION

Participant acknowledges that this charter and all related activities occur on navigable waters. As such, this agreement may be governed by applicable federal maritime law in addition to the laws of the State of Florida. To the extent not preempted by federal maritime law, Florida law shall apply. Participant agrees that any dispute arising from or related to this agreement or participation in charter activities shall be resolved in accordance with the dispute resolution provisions stated herein.

RELEASE OF LIABILITY

To the fullest extent permitted by Florida law and applicable federal maritime law, you release, waive, discharge, and covenant not to sue Wellness Adventures LLC, Wellness Charters Miami, the vessel owner, captain, operator, members, managers, officers, employees, contractors, crew, volunteers, agents, successors, and assigns (collectively the "Released Parties") from any and all claims, demands, damages, losses, causes of action, or liability of any kind arising out of or related to participation in any activity provided by the Operator.

This includes claims arising from the ordinary negligence of the Released Parties.

This release does not apply to gross negligence or intentional misconduct where prohibited by law.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless the Released Parties from and against any claims, damages, liabilities, losses, or expenses (including reasonable attorneys' fees) arising from:

• Your participation in the activity
• Your conduct during the charter
• Any claim brought by or on behalf of a minor or other participant for whom you are responsible

CAPTAIN'S AUTHORITY

The captain has absolute authority regarding vessel operation and passenger safety.

Participants agree to follow all instructions provided by the captain or crew at all times.

The captain may change route, destination, or activities at any time for safety, weather, or navigational reasons.

The Operator reserves the right to terminate participation, refuse service, or return to port if any participant behaves in a manner that:

• endangers the safety of passengers or crew
• violates safety instructions
• engages in unsafe, reckless, or illegal behavior

Termination of participation for safety reasons does not entitle participants to a refund.

FITNESS & SAFETY COMPLIANCE

You represent that you are physically and medically fit to participate and have no condition that would make participation unsafe.

You agree to follow all safety instructions, maritime rules, and applicable laws.

Participants acknowledge that vessel surfaces may be wet or slippery, agree to use caution while moving onboard, and understand that appropriate footwear may be required at the captain's discretion. Participants entering the water assume responsibility for underwater hazards including shells, rocks, marine life, or uneven bottom surfaces.

Failure to comply may result in removal from the activity without refund.

PARTICIPANT RESPONSIBILITY

Participant agrees to act responsibly at all times while onboard the vessel and during any activity related to the charter. Participant agrees not to engage in reckless, unsafe, or illegal behavior including but not limited to diving in shallow water, swimming near the vessel while engines are running, interfering with vessel operation, or ignoring safety instructions provided by the captain or crew.

Participant acknowledges that failure to follow safety instructions may result in termination of participation without refund.

SWIMMING & WATER ENTRY

Participants who voluntarily enter the water do so at their own risk. The operator does not guarantee the safety of water conditions, bottom surfaces, or the actions of other vessels.

Participants acknowledge that currents, boat traffic, marine life, and underwater hazards may be present.

WATERSPORTS / TOWED ACTIVITIES

Participation in watersports or towed activities, including but not limited to wakeboarding, wakesurfing, tubing, kneeboarding, paddleboarding, snorkeling, swimming, and similar recreational activities, involves additional risks beyond normal boating. These risks include sudden falls, high-speed impacts with the water, collisions with equipment, rope entanglement, strain injuries, loss of control, and injury caused by vessel wakes or other watercraft.

Participant acknowledges that these activities may involve rapid acceleration, sudden directional changes, and physical exertion. Participant voluntarily assumes all risks associated with participation in any watersport activity offered during the charter.

Participant agrees to follow all instructions provided by the captain or operator regarding safe participation and use of equipment. Failure to follow safety instructions may result in termination of watersport activities for that participant without refund.

SAFETY EQUIPMENT

Participants agree to wear any safety equipment required by the captain or operator, including life jackets or flotation devices when instructed. Refusal to comply with safety equipment requirements may result in termination of participation without refund.

ALCOHOL & PERSONAL RESPONSIBILITY

If alcohol is consumed, you accept full responsibility for your conduct and acknowledge that alcohol may increase the risk of injury.

Participants must behave responsibly and comply with all safety instructions while onboard.

DRUGS / ILLEGAL SUBSTANCES

Illegal drugs and controlled substances are strictly prohibited onboard the vessel. Any possession, use, or distribution of illegal substances will result in immediate termination of the charter without refund. The captain and operator reserve the absolute right to return to port immediately if illegal activity is suspected or observed. Participants may be removed from the vessel and law enforcement may be contacted when appropriate.

MEDICAL CONSENT

In the event of injury, illness, or emergency, you authorize the Operator to obtain medical assistance, emergency transportation, or medical treatment on your behalf if deemed necessary.

You agree to accept full financial responsibility for any medical services provided.

PROPERTY DAMAGE

Participants are responsible for any damage to the vessel, equipment, or property caused by their actions or negligence.

The Operator reserves the right to recover costs for repair, replacement, excessive cleaning, lost equipment, or other damages resulting from participant conduct.

PERSONAL PROPERTY

The Operator is not responsible for loss, theft, damage, or items lost overboard including phones, cameras, sunglasses, jewelry, or other personal belongings brought onboard the vessel. Guests must use caution on wet or slippery vessel surfaces and follow any footwear requirements set by the captain.

DEPARTURE TIME / LATE ARRIVAL

Charters depart at the scheduled time.

Late arrivals may result in reduced charter time and do not entitle participants to refunds, credits, or extensions.

If participants fail to arrive within 30 minutes of the scheduled departure time, the charter may be considered a no-show and may be cancelled without refund.

WEATHER POLICY

Boating activities operate rain or shine.

Only the captain has authority to determine whether weather or sea conditions are unsafe for operation.

In the event of unsafe conditions (including but not limited to lightning, small craft advisories, hazardous winds, or unsafe sea state), the Operator may:

• delay departure
• modify the route
• reschedule the charter
• issue a credit toward a future booking

Passing rain showers or typical South Florida weather conditions do not constitute grounds for cancellation or refund.

NO-SHOW / ABANDONMENT

Failure to appear for the scheduled charter or voluntary early termination of participation by the participant shall be considered abandonment of the booking and does not entitle the participant to any refund, credit, or rescheduling.

PHOTO / VIDEO CONSENT

Unless written opt-out is provided prior to departure, you grant the Operator permission to use photos or video taken during participation for promotional, marketing, or social media purposes without compensation.

DISPUTE RESOLUTION / JURY WAIVER

Any dispute arising from participation shall be governed by Florida law and applicable federal maritime law.

Venue for any legal proceeding shall be Broward County or Miami-Dade County, Florida.

To the fullest extent permitted by law, you agree to binding arbitration for any dispute arising from participation and waive the right to trial by jury and participation in any class action lawsuit.

MINORS

Participants under 18 years of age must have this waiver signed by a parent or legal guardian, who agrees to assume full responsibility for the minor's participation and agrees to all terms of this agreement on their behalf.

SEVERABILITY

If any provision of this agreement is found to be invalid or unenforceable under applicable law, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions of this agreement shall remain in full force and effect.

ELECTRONIC SIGNATURE

Participants agree that electronic acceptance or digital signature of this waiver constitutes a legally binding signature equivalent to a handwritten signature.

ACKNOWLEDGEMENT OF UNDERSTANDING

By signing this waiver, you confirm that:

• You have read and fully understand this agreement
• You understand that you are releasing legal rights
• You voluntarily agree to all terms stated above