Acknowledgment of Specific Hazards and Assumption of Risk
- In consideration of being permitted to enter and remain upon Tarpon Marine Services, LLC and its affiliates (the “TMS”), a working marine repair yard located in West Central Florida, the undersigned Visitor (including any minor children, guests, invitees, guests, or subcontractors under the Visitor’s care and control) hereby acknowledges, understands, and expressly assumes all risks and hazards associated with being on the TMS site. The Visitor acknowledges that the TMS site is an active industrial marine repair facility where boat repair, maintenance, hauling, blocking, and storage activities are continuously conducted. The Visitor has been fully informed of, and voluntarily assumes, the following specific hazards and risks (among others that may exist):
- (a) Trip hazards, including but not limited to uneven or unstable ground surfaces, gravel, dirt, hoses, cables,
cords, tools, equipment, debris, chains, blocks, stands, and any other objects or conditions on the ground or
work areas that may cause a person to trip, slip, or fall;
- (b) Heavy equipment operating, including but not limited to cranes, forklifts, travel lifts, haul-out equipment,
tractors, trailers, and other motorized or mechanical machinery that may be moving, lifting, swinging, or
operating anywhere on the TMS at any time;
- (c) Electrical lines and cords running from outlets, generators, or power sources to boats, including extension
cords, power cables, and temporary wiring that may be lying on the ground, suspended in the air, draped across
work areas, or otherwise positioned in visitor pathways, creating risks of electrical shock, entanglement,
tripping, or fire;
- (d) Overhead hazards from boats being blocked up, stored, or elevated on dry land, including but not limited
to boats supported on stands, blocks, cradles, or other temporary supports; the risk of falling tools, parts,
equipment, rigging, or debris from elevated boats or work platforms; potential instability, shifting, or collapse of
boat supports; and any objects or materials that may fall from height.
- The Visitor further acknowledges that these hazards are inherent to the TMS yard and that the operation of the marine repair yard necessarily involves these conditions. The Visitor agrees that they have had the opportunity to inspect the TMS yard, have been warned of these dangers, and enter and remain on the TMS yard entirely at their own risk. The Visitor assumes full responsibility for their own safety and the safety of any minors or guests accompanying them and agrees to always exercise reasonable care and caution while on the TMS yard.
In consideration of being permitted to go aboard or sail upon a vessel or to enter upon any premises owned or operated by Tarpon Marine Services, LLC and/or by its affiliated companies (the “Company”), Releasor hereby releases, waives, and discharges the Company, its owners, officers, directors, attorneys, agents, and employees from all liability to the Releasor or Releasor’s legal representatives, heirs, and assigns, for any and all loss or damage and any claim for damages
resulting therefrom, on account of injury or accident, or for the treatment of such injury while on the Company premises to any of the Releasor’s employees, crew members, Invitees, sub-contractors, representatives, agents, heirs, beneficiaries and assigns while aboard or sailing on a vessel owned or operated by the Company, or while in or upon any premises
owned or operated by the Company.
The Releasor and its employees, crew members, invitees, subcontractors, representatives, agents, heirs, beneficiaries and assigns will comply with all current applicable OSHA regulations.
All employees, crew members, invitees, subcontractors, representatives, agents, heirs, beneficiaries and assigns of Releasor must sign in daily, at the main office, before starting work. Releasor shall ensure that all of his/her subcontractors have sufficient insurance to meet Company requirements. Should the subcontractor’s limits not reach the required limits, they will not be granted access to the yard. The Releasor hereby assumes full responsibility for the risk of bodily injury to or death of the Releasor’s employees, crew members, invitees, subcontractors, representatives, agents, heirs, beneficiaries and assigns or for property damage to Releasor’s property while in or upon any vessel or in or upon any premises owned or operated by Company.
Releasor shall defend, release, indemnify, and hold Company harmless from and against any and all losses, liabilities, costs and expenses (including, without limitation, court costs and attorney’s fees) arising out of any claim or cause of action by Releasor’s employees, crew members, Invitees, subcontractors, representatives, agents, heirs, beneficiaries and
assigns, for personal injury or death that results from Releasor’s sole or concurrent negligence.
Releasor shall further be liable for, and shall defend, release, indemnify and hold Company harmless from and against any and all losses, liabilities, costs and expenses (including, without limitation, court costs and attorney’s fees) arising out of any claim or cause of action by Releasor, its employees, crew members, invitees, subcontractors, representatives, agents, heirs, beneficiaries and assigns for damage to or loss of property or equipment.
Releasor shall further be liable for, and shall defend, indemnify and hold Company harmless, from and against damage to or loss of Company property and for environmental contamination of Company’s property to the extent such damage, loss, or contamination results from Releasor’s sole or concurrent negligence. Releasor shall further defend, release,
indemnify and hold Company harmless from and against all liabilities, losses, claims, demands, costs, expenses, and judgments of any nature arising, or alleged to rise, from or in connection with any third-party claim or cause of action for loss or damage (including, without limitation, control, containment, clean-up and removal) form substances that are in
Releasor’s possession and control or involve the discharge, transportation, storage, or use of Hazardous Materials or Pollutants.
ANY INDEMNIFICATION, DEFENSE, AND/OR RELEASE GRANTED TO COMPANY IN THIS CLAUSE IS TO BE
LIBERALLY CONSTRUED AND SHALL APPLY REGARDLESS OF THE CAUSE OF OR REASON FOR ANY SUCH
INJURY, DEATH, DAMAGE, LOSS, OR LIABILITY COVERED THEREBY.
For the purposes of the indemnities afforded to Company herein, “Company” shall mean Company, Company’s
coventurers and affiliates (and any subsequent assignees of their rights and obligations relating to the area of operations)
and their respective shareholders, directors, officers, employees, agents and insurers. The term “Releasor” shall mean
Releasor, Releasor’s affiliates, and their respective shareholders, directors, officers, employees, agents, and insurers.
“Invitee” shall mean any person whose presence aboard a vessel owned or operated by the Company, or while in or upon
any premises owned or operated by the Company, is at the invitation (expressed or implied) of Releasor.
The Releasor hereby acknowledges that if this Agreement must be confirmed as enforceable by any court, Releasor will
not oppose any such confirmation. If any part of provision of the Agreement is nevertheless judicially declared invalid,
such declaration shall not have the effect of invalidating or voiding the remainder of this Agreement, and the Parties agree
that the part or parts of this Agreement so held to be invalid, void or unenforceable shall be modified to the extent to
make this Agreement enforceable.
The undersigned, on behalf of their respective companies, agree to all the terms set forth above, and they have caused
this Agreement to be executed by a duly authorized office or employee as of the day and year set forth above.
