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Rules, Regulations and Waiver of Liability Agreement

Epperson Lagoon/Floatz LLC  

My signature below confirms that I understand and agree to comply with the following “Rules and Regulations” for water equipment rental and usage in Epperson Lagoon.  I also understand that this activity may involve some risks, that I am liable for loss and damage to equipment and for the personal safety of the occupants.  I therefore agree that I am assuming all risks in connection with my participation in renting kayaks/Stand Up Paddleboards (SUP’s), and usage of inflatable obstacle course/slide from Floatz LLC at Epperson Lagoon.

  1. All water equipment usage at Epperson Lagoon is at your own risk; Metro Development, WTS management, and Floatz LLC. Are not responsible for personal injury or loss of property.
  2. I have sufficient physical strength, endurance and experience to enable me to participate. I do not have any health problems or medical conditions that might prejudice my participation.
  3. Standing on kayaks is prohibited as well as standing on SUP within 8ft. from dock/swim-up bar or other structures in and around the Lagoon.
  4.  I will follow instructions given to me by any persons conducting the activity, including wearing life preservers or similar protective equipment.
  5.  I also know that the activity could be dangerous, and I will take appropriate precautions to minimize the possibility of injury to others and myself.
  6.  Florida law requires that children under 13 years of age MUST wear a Personal Flotation Device (PFD).  All others must have a PFD in their possession.  All individuals participating in usage of the inflatable obstacle course must know how to swim and MUST be wearing a PFD.
  7. Intentional capsizing or swamping is prohibited.
  8. Equipment will not be removed from Epperson Lagoon.
  9. No Alcoholic beverages are permitted to be consumed on or prior to usage of any Floatz LLC. equipment.
  10. All individuals must adhere to Florida Marine laws, as well as Epperson Lagoon and Floatz LLC. rules.

  • Failure to follow all rules and regulations could result in removal from the Lagoon.

I understand that my credit card will be charged for the full amount of my rental and/or water activity duration. I am responsible for the return of this equipment in the same condition in which I received it. I agree to pay in full for any repairs or replacement if the equipment is damaged or lost. Late returns (0.5 hours before lagoon closure) or abandoned vessel will be charged a fee of $75.00.

I am aware that SUP and/or kayaking, use of the inflatable obstacle course and/or slide poses potential risks and I am aware of the dangers of SUP/kayaking, inflatable obstacle course/slide. I understand that Floatz LLC. is in no way responsible for my safety or the safety of the equipment I am renting/using. I understand that Floatz LLC. makes no guarantee as to the fitness or suitability of the equipment. I am fully responsible for my own safety and for the equipment.

Renter understands that use of PFD does not remove all risks of injury; nor does PFD use make Kayaking, SUP, inflatable obstacle course/slide safe activities. Renter alone has determined the sufficiency of any safety gear or other precautions that Renter decides to take to minimize the risks of the activity. No party related to Lessor, including owner or Employees, has made any representations regarding the safety of, or the risks of the activity. RENTER EXPRESSLY ASSUMES THE RISKS OF THE ACTIVITY.

I agree to assume all risks in connection with the use of the equipment, whether foreseen or unforeseen and whether or not caused by the fault or negligence of Floatz LLC. and its employees. I also agree to release Floatz LLC. and its employees from all liability for any harm, injury or damage, which may befall myself, or the equipment I rent. I have had all medical examinations I believe necessary to assure of and assume responsibility for my physical fitness and capability to use the equipment. I agree to repair or replace in a manner acceptable to Floatz LLC. any of the equipment damaged while I am renting it.

I understand the United States Coast Guard regulations stipulate that all paddlers are required to have a US Coast Guard approved Personal Floatation Device (PFD) and that Floatz LLC. requires all obstacle course participants to wear a US Coast Guard approved PFD at all times while on the water.

I agree to INDEMNIFY AND HOLD HARMLESS Floatz LLC. for use of rental SUP/kayaks, inflatable obstacle course/slide, its offices, owners, and employees from any and all cause of action, claim, demands, losses or costs of any nature whatsoever arising out of or in any way relating to my use of Floatz LLC. inflatable obstacle course/slide, whether asserted by Floatz LLC. or any third parties who may be injured on account of or in any way relating to Floatz LLC.

This agreement shall be effective and binding upon my heirs, next of kin, executors, administrators and assignees in event of my death.

By signing this agreement, I waive my right to bring a court action to recover compensation or obtain any other remedy for an injury to myself of my property or my death, however caused, arising out of my use of facilities of Floatz LLC. now or anytime in the future, whether caused by the center’s negligence or that of its offices, agents, or employees.

I agree to pay for all legal fees accumulated by Floatz LLC. incurred by any claims made by me or on my behalf.

I certify that I am in good health and that I have no physical limitations, which would preclude my use of the facilities. I also certify that I have sufficient health, accident liability insurance to cover any bodily injury or property damage caused to a third party as a result of my participation in this event. If I have no insurance, I certify that I am personally capable of paying any and all such expenses and liabilities.

  I/We hereby certify that I/We are capable swimmers, and that I/We are also aware that I/We are to follow all rules and regulations provided by Floatz LLC. as well as the state of Florida.  I/We are aware that kayaking/SUP, inflatable obstacle course/slide involves a risk of drowning.  Additionally, I am/We are also aware that there are natural dangers to water activities in the Lagoon, including (but not limited to) currents, sunburn, bugs, wildlife, and weather.  I/We agree to hold harmless Floatz LLC, it’s owners, employees, and agents, from any and all liability resulting from any accident and/or injury associated with the rental described above.  I/We have read the rental/water equipment usage rates and conditions and agree to abide by them.  I/We understand the proper usage of all water equipment and activities and will be responsible for damages other than normal wear and tear. This includes damages done by dragging over, concrete and asphalt surfaces, or damages done by sharp objects on your person.

I certify that I am competent to sign this agreement. I further understand that the terms of this agreement are legally binding and I certify that I am signing this agreement, after having carefully read it, of my own free will.

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IF USER IS UNDER THE AGE OF 18 YEARS OLD: PARENTS/LEGAL GUARDIAN MUST CONSENT: I, as parent or legal guardian of the above minor under 18 years of age, hereby consent to the terms and conditions set forth in this release form.

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