I, {name-1-first-name} {name-1-last-name}, am the owner, captain, and/or authorized entrant of the vessel participating in the Cotee River Christmas Boat Parade (“Parade”). In consideration of being permitted to participate, I acknowledge and agree to the following:
1. Voluntary Participation and Assumption of Risk
I understand that participation in a nighttime boat parade is voluntary and involves inherent risks, including, but not limited to, changing weather and water conditions, limited visibility, wakes, submerged or fixed objects, mechanical failure, fire, collision with vessels, docks or other property, falls overboard, personal injury, property damage, and death.
I knowingly and voluntarily accept all risks associated with my participation in the Parade, whether known or unknown, to the fullest extent permitted by law.
2. Vessel and Captain Responsibilities
I certify that:
- The vessel is motor-powered, seaworthy, properly maintained, and capable of safely navigating the entire Parade route.
- The vessel is properly registered and equipped with all lighting, personal flotation devices, fire extinguishers, sound-producing devices, and other safety equipment required by law.
- The vessel will be operated by a legally qualified and competent captain who will remain sober and in control of the vessel throughout the Parade.
- The vessel will not carry more passengers or weight than its rated capacity.
- Decorations, lights, cords, generators, and other equipment will be safely secured and will not interfere with the vessel’s operation, visibility, navigation lights, or required safety equipment.
- The captain is solely responsible for the vessel, its passengers, its decorations and equipment, and all decisions concerning whether conditions permit safe participation.
I am responsible for ensuring that every passenger follows all applicable laws, event rules, and instructions from law enforcement and Parade officials.
3. Compliance with Laws and Parade Instructions
I agree to comply with all applicable federal, state, and local boating laws and navigation rules, as well as all Parade rules and instructions issued by law enforcement or Parade officials.
I understand that Parade officials may refuse or discontinue a vessel’s participation when they reasonably determine that the vessel, its captain, its passengers, or its operation presents a safety concern or fails to comply with Parade requirements.
4. Release and Waiver of Claims
To the fullest extent permitted by law, I release and waive any claims that I may have arising from or related to my participation in the Parade against:
- The City of New Port Richey;
- The City of Port Richey;
- New Port Richey Main Street, Inc.; and
- Their respective elected officials, officers, employees, agents, volunteers, event organizers, and sponsors.
This release includes claims for personal injury, death, property damage, or other loss, including claims resulting from the ordinary negligence of a released party. It does not apply to gross negligence, reckless misconduct, or intentional misconduct to the extent such liability cannot legally be waived.
5. Indemnification and Hold Harmless
To the fullest extent permitted by law, I agree to indemnify, defend, and hold harmless the parties listed above from claims, liabilities, damages, losses, and reasonable legal expenses arising from or related to:
- My acts or omissions;
- The ownership, condition, decoration, maintenance, or operation of my vessel;
- The acts or omissions of the vessel’s captain, crew, or passengers; or
- My failure, or the failure of my captain, crew, or passengers, to follow applicable laws, Parade rules, or official instructions.
6. Acknowledgment and Agreement
By signing below, I confirm that I have carefully read and understand this agreement. I understand that I am assuming risks, releasing certain legal claims, and accepting responsibility for my vessel and participation in the Parade. I sign this agreement knowingly and voluntarily.
