Before You Set Sail
on Envision

About This Agreement

IN CONSIDERATION of being permitted to participate in the charter/rental provided by NavigateX for myself and/or any minor children for whom I am the legal parent/guardian or otherwise responsible, and for my/our heirs, personal representatives, or assigns:

Acknowledgement of Risks

I fully acknowledge that some, but not all of the risks of participating in the charter in which I am about to engage may include: (1) wind shear, inclement weather, lightning, variances and extremes of wind, weather and temperature; (2) any sense of balance, physical condition, ability to operate equipment, swim and/or follow directions; (3) collision, capsizing, sinking or other hazards which result in wetness, injury, exposure to the elements, hypothermia, impact of the body upon the water, injection of water into body orifices, and/or drowning; (4) the presence of and/or injury, illness or death resulting from insects, animals and marine life forms; (5) equipment failure, operator error, transportation accidents; (6) heat or sun related injuries or illness, including sunburn, sunstroke or dehydration; (7) fatigue, chill, and/or dizziness which may diminish reaction time and increase the risk of an accident; (8) slippery decks and/or steps when wet.

Training & Physical Ability

I specifically acknowledge that I have been given instructions and/or training in the safe use of the type of equipment used during this charter to my complete satisfaction, I understand them fully and I am physically and mentally able to participate in the charter which I am about to engage.

Medical Declaration

I understand that past or present medical conditions may be contraindicative to my participation in the charter/rental. I affirm that I am not currently suffering from a cold, congestion, or have an ear infection. I affirm that I do not have any infectious disease or illness (e.g., COVID or similar variants). I affirm that I do not have a history of seizures, dizziness, or fainting, nor a history of heart conditions. I further affirm that I do not have a history of respiratory problems. I affirm that I am not currently suffering from back, spine and/or neck injuries. I affirm that I am not currently taking medication that carries a warning about any impairment of my physical or mental abilities.

Contractual Assumption of Risk

I fully agree to assume all responsibility for all the risks of the charter to which I am about to engage, whether identified above or not. I FULLY UNDERSTAND THAT I UNDERTAKE EVEN THOSE RISKS ARISING OUT OF THE NEGLIGENCE OF THE RELEASEES NAMED BELOW. My participation in the charter is completely voluntary. I assume full responsibility for myself and any of my minor children, extending to any bodily injury, accidents, illnesses, paralysis, death, loss of personal property and expenses thereof.

Governing Law & Jurisdiction

This Agreement shall be governed by the laws of the United States. Any legal action relating to or arising out of this agreement against or with respect to NavigateX LLC shall be commenced exclusively in Palm Beach County. I agree that I will reimburse in full any attorney fees incurred by the assured or their insurers to defend any legal action under this agreement.

Full Release of Liability

I HEREBY RELEASE NavigateX LLC, THEIR AFFILIATED AND RELATED COMPANIES, THEIR PRINCIPALS, DIRECTORS, OFFICERS, AGENTS, EMPLOYEES, AND VOLUNTEERS, THEIR INSURERS, AND EACH AND EVERY LANDOWNER, MUNICIPAL AND/OR GOVERNMENTAL AGENCY UPON WHOSE PROPERTY AND ACTIVITY IS CONDUCTED, FROM ANY AND ALL LIABILITY OF ANY NATURE FOR ANY AND ALL INJURY, PROPERTY LOSS OR DAMAGE (INCLUDING DEATH) TO ME OR MY MINOR CHILDREN AS A RESULT OF MY/OUR PARTICIPATION IN THE ACTIVITY, EVEN IF CAUSED BY NEGLIGENCE OF ANY OF THE RELEASEES NAMED ABOVE.

Hold Harmless & Indemnification

I have read this assumption and acknowledgement of risks and release of liability agreement. I understand fully that it is contractual in nature and binding upon me personally. I further understand that by signing this document I am waiving valuable legal rights. I FULLY AGREE TO HOLD HARMLESS AND INDEMNIFY THE OWNER, THE OPERATOR NAMED ABOVE OR THEIR EMPLOYEES, AGENTS, SERVANTS OR ASSIGNS FOR ANY INJURY WHICH MAY BEFALL ME, MY MINOR CHILDREN OR THOSE CHILDREN FOR WHOM I AM LEGALLY RESPONSIBLE (INCLUDING DEATH).