AQUATIC RENTALS LLC
(WAIVER)

Date:

This document affects your legal rights. You must read and understand it before signing.

I, the below-named person, being above age eighteen, or the parent or legal guardian of the above-named person who is under age eighteen, in consideration of the facilities provided by the services of Aquatic Rentals LLC, the rate charged for those services, or the worth of them as freely given, and the right to engage in this activity as a participant, hereby acknowledge, agree, promise and covenant with Aquatic Rentals LLC, and all persons, entities, employees, and agents on behalf of myself, heirs, assigns, personal representative and next of kin:

  1. ACKNOWLEDGEMENT OF RISK: Acknowledge, agree, and represent that the Paddle Board & Kayak related activities (“Activities”) I am about to engage in voluntarily, bears certain known risks and unanticipated risks which could result in injury, death, illness, or disease, physical or mental damage to myself, my property, or other third parties or their property, or the property of Aquatic Rentals LLC. I further acknowledge that I understand the nature of paddle sports and related Activities and that I am qualified, in good health, and proper physical condition to participate in such Activities and willingly agree to comply with the stated customary terms and conditions of participation. I recognize I will be swimming at my own risk and that there are no lifeguards or other personnel assigned or available for safety or life-saving purposes. Aquatic Rentals LLC bears no responsibility and offers no representations as to the suitability or safety of the swimming activities. I warrant that I have the swimming skills and ability to participate in an open water swim and possess the requisite degree of physical condition to participate, as well and have been provided a USCG approved Personal Floatation Device (PFD) for use in the event of an emergency.
  2. ACCEPTANCE OF RISK AND RESPONSIBILITY: Fully understand that (a) paddle sports and related Activities involve risks and dangers of damage to personal property and serious bodily injury, including permanent disability, paralysis, and death (“Risks”) to myself and Risks to other third parties; (b) these risks and dangers may be caused by my own actions or inactions, the actions or inactions of others participating in the Activity, the condition in which the Activity takes place, or the negligence of the “Releasees” named below; (c) there may be other risks and social and economic losses either known or unknown to me or not readily foreseeable at this time; and I agree, covenant and promise to accept and assume all responsibility and risk for injury, death, illness or disease, or damage to myself, my property, that of the minor named above, arising from my participation in the Activity.
  3. HEREBY RELEASE, DISCHARGE, AND COVENANT to accept and assume all responsibility and risk for injury, death, illness, disease, or damage to other third parties and their property arising from my participation in this Activity and agree not to sue Aquatic Rentals LLC their instructors, employees, agents, owners, insurance agents, and contractors (each considered one of the “Releasees” herein) from all liability, claims, demands, losses, injuries, damage to property, or other damages on my account caused or alleged to be caused in whole or in part by the negligence of the “Releasees” or otherwise, including negligent rescue operations; and I further agree that if despite this Release and Waiver of Liability, assumption of risk, and indemnity agreement I, or anyone on my behalf makes a claim against anyone of the “Releasees,” I will indemnify, save and hold harmless each of the “Releasees” from any litigation, attorney fees, loss, liability, or cost which may incur as the result of such claim. I further understand and agree to fully reimburse Aquatic Rentals LLC LLC for any damage or loss caused to property of Aquatic Rentals LLC LLC as a result of my participation in the Activity. My participation in this Activity is purely voluntary, no one is forcing me to participate, and I elect to participate in spite of the Risks.
  4. AGREE TO ABIDE by Aquatic Rentals LLC’s policies and agree to comply with all instructions by staff in connection with participation in the Activity, and failure to follow such directions shall be grounds for termination of my privilege to participate in the Activity without reimbursement or cancelation of fees paid or owed. I understand that the use or possession of drugs or alcohol is strictly prohibited directly before and during the Activity and will be grounds for immediate removal from the Activity without reimbursement of fees paid or owed. I agree that if in the judgment of Aquatic Rentals LLC or its staff, for any reason must call for assistance during the Activity due to my noncompliance with Aquatic Rentals LLC’s policies that I accept responsibility for paying any associated rescue and transportation cost. I agree to return all equipment provided for the Activity no later than the time agreed to or will reimburse the cost of lost equipment to Aquatic Rentals LLC.
  5. By participating in or attending any Activity in connection with Aquatic Rentals LLC, I CONSENT TO THE USE OF ANY PHOTOGRAPHS, PICTURES, FILM, OR VIDEOTAPE TAKEN OF ME or provided by me for publicity, promotion, television, websites, or any other use, and expressly waive any right of privacy, compensation, copyright, or other ownership right connected to same.