FLORIDA ISLAND TOURS SAFETY & LIABILITY WAIVER

I understand that during my time and use of the Florida Island Tours Co. (dba Florida Island Tours), I may be exposed to a variety of hazards and risks, foreseen or unforeseen, which are inherent in being a boat passenger and participating in related water activities.

These inherent risks include, but are not limited to, the dangers of serious personal injury, death and property damage resulting from, but not limited to: (i) physical exertion and activities, (ii) contact with other boats, marine wildlife, rip currents, and other water hazards, (iii) slipping, tripping or falling, (iv) falling from heights or off the boat, (v) inappropriate, intoxicated and unsafe behavior of passengers, (vi) sudden illness, (vii) malfunctioning equipment, (viii) inclement weather, and (viii) other hazards associated with travel on a boat and recreational water activities.

I fully understand that Florida Island Tours or its staff has not tried to contradict or minimize my understanding of these risks. I know that injuries, damage, 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 other reasons. I appreciate that I may have to use extra care to reduce the risks when exposed to these hazards. I understand that no medical facilities or expertise are readily available to assist with injuries or conditions.

In consideration of my acceptance as a passenger on Florida Island Tours, and the services and amenities provided, I CONFIRM MY UNDERSTANDING OF THE FOLLOWING: 

RELEASE OF LIABILITY. I understand and agree to WAIVE AND DISCHARGE CLAIMS AGAINST, RELEASE FROM LIABILITY, INDEMNIFY, DEFEND, AND HOLD HARMLESS Florida Island Tours and its owners, vessel, employees, affiliates, agents, or assigns 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 Florida Island Tours, even if caused by NEGLIGENCE. Such negligence could involve (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, and (e) the negligent facilitation or provisions of emergency response services. I understand and intend this release to be as broad and inclusive as permitted by law, and to be binding upon my heirs, executors, administrators, and assigns.

BY PURCHASING A TICKET OR FARE AND AGREEING TO FLORIDA ISLAND TOURS TERMS AND CONDITIONS, AS WELL AS READING AND AGREEING TO THIS SAFETY AND LIABILITY WAIVER, PASSENGERS AGREE TO UNDERSTAND IT, AND VOLUNTARILY AGREE TO BE BOUND BY IT, FROM THE DATE OF THE TICKET OR FARE PURCHASE.

Parent(s) or court-appointed legal guardian(s) of any participating minor (those under 18 years of age) also agree that they and the minor are subject to all the terms of this document, as set forth above.

Participant hereby grants to the Host, its representatives, and employees the right to take PHOTOGRAPHS/VIDEOS OF PARTICIPANT in connection with Participant’s participation in the Activities. Participant hereby authorizes the Host to copyright, use and publish the same in print and/or electronically. Participant hereby agrees that the Host may use such photographs of Participant for any lawful purpose, including but not limited to publicity, illustration, advertising, and web content.

This privacy policy sets out how our boat tour company uses and protects any information that you give when you use this website.

We are committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this website, then you can be assured that it will only be used in accordance with this privacy statement.

Our company may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes. This policy is effective from June 1, 2020.

What we collect

We may collect the following information:

• your name
• contact information including email address
• demographic information such as zip code, preferences, and interests
• other information relevant to customer surveys and/or offers

What we do with the information we gather

We require this information to understand your needs and provide you with a better service, and in particular for the following reasons:

Internal record keeping

We may use the information to improve our products and services.

We may periodically send promotional emails about new products, special offers or other information which we think you may find interesting using the email address which you have provided.

From time to time, we may also use your information to contact you for market research purposes. We may contact you by email, phone, fax, or mail. We may use the information to customize the website according to your interests.

Security

We are committed to ensuring that your information is secure. In order to prevent unauthorized access or disclosure, we have put in place suitable physical, electronic, and managerial procedures to safeguard and secure the information we collect online.

How we use cookies

A cookie is a small file which asks permission to be placed on your computer’s hard drive. Once you agree, the file is added and the cookie helps analyze web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes, and dislikes by gathering and remembering information about your preferences.

We use traffic log cookies to identify which pages are being used. This helps us analyze data about web page traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system.

Overall, cookies help us provide you with a better website, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us.

You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website.

Links to other websites

Our website may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.

Controlling your personal information

We will not sell, distribute, or lease your personal information to third parties unless we have your permission or are required by law to do so. We may use your personal information to send you promotional information about third parties which we think you may find interesting if you tell us that you wish this to happen.

You may request details of personal information which we hold about you under the Data Protection Act 1998. A small fee will be payable. If you would like a copy of the information held on you please contact us at the address listed below.

If you believe that any information we are holding on you is incorrect or incomplete, please contact us at the address listed below now. We will promptly correct any information found to be incorrect.

For the safety of our guests, Florida Island Tours does not operate in unsafe weather conditions. The Captain will assess the weather and determine if conditions are unsafe. If a trip is canceled every effort will be made to reschedule the tour. If you are unable to reschedule you will receive a full refund or a voucher for a future trip.

Customers will receive a full refund or credit with a 72-hour notice of cancellation. Customers will also receive a full refund or credit is due to weather or other unforeseen circumstances. Contact us by phone to cancel or inquire here about a cancellation. No-shows will be charged the full fare price.

Binding Arbitration

All claims and disputes arising under or relating to this Agreement 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.