This Waiver and Release of Liability (“Agreement”) is entered into between Cabana Crush Charters (“Company”) and the undersigned passenger (“Participant”). By signing below, Participant agrees as follows:

  1. Assumption of Risk

I understand that participation in boating activities, including but not limited to riding, swimming, wildlife encounters, snorkeling, beach/sandbar visits, and boarding/disembarking the vessel, involves certain inherent risks and hazards. These may include, but are not limited to:

  • Slips, trips, or falls on wet surfaces
  • Motion sickness
  • Changing weather and sea conditions
  • Wildlife encounters (e.g., fish, dolphins, manatees, stingrays, birds, etc.)
  • Risk of drowning or injury in and around the water

I voluntarily assume all risks, whether known or unknown, associated with participation in this charter.

  1. Release of Liability

In consideration of being allowed to participate, I, on behalf of myself, my heirs, executors, and assigns, hereby release, discharge, and hold harmless Cabana Crush Charters, its owner, captain, crew, agents, and employees from any and all liability, claims, demands, actions, or causes of action arising out of or related to any loss, damage, injury, or death sustained while participating in the charter, whether caused by negligence or otherwise.

  1. Medical Fitness

I certify that I am physically able to participate in boating activities, and I have disclosed any medical conditions, medications, or concerns that may affect my safety. I understand that it is my responsibility to wear a life jacket when required or advised by the captain.

  1. Captain’s Authority

I agree to follow all safety instructions given by the captain and crew. I understand that the captain has sole authority to:

  • Cancel or alter the trip due to weather, safety, or other conditions
  • Require life jackets to be worn at any time
  • Remove any passenger acting in a dangerous or disruptive manner without refund
  1. Alcohol & Personal Belongings

I acknowledge that alcohol consumption may increase risks, and I accept full responsibility for my actions. The Company is not responsible for loss or damage to personal property brought aboard.

  1. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of Florida.

  1. Acknowledgment of Understanding

I have carefully read this Waiver and Release of Liability. I fully understand its terms and sign it freely and voluntarily. I understand that by signing this document, I am giving up substantial legal rights, including the right to sue the Company for negligence.

We understand that plans can change, and we do our best to be flexible. Please review our cancellation policy before booking your charter:

Assumption of Risk:  By booking a charter, guests acknowledge that weather is an inherent risk of boating in Florida. While we make every effort to provide the best experience, weather conditions are beyond our control.

Cancellations 48 Hours or More in Advance:  Guests who cancel at least 48 hours before their scheduled charter will receive a full refund.

Cancellations Within 48 Hours of Charter:  Cancellations made less than 48 hours before departure will be charged the full charter amount to the card on file.

Weather Policy:  Our charters operate rain or shine, as part of the unique Florida experience. The only exceptions are when conditions are deemed unsafe due to lightning or rough seas. If the captain determines the weather conditions are unsafe and the charter must be cancelled, guests will be offered a rain check for another date.