RELEASE OF LIABILITY, PROMISE NOT TO SUE, ASSUMPTION OF RISK AND AGREEMENT TO PAY CLAIMS Activity: Boat rental for use on Shoreline Lake and/or Bicycle or Scooter rental for use in Shoreline Park and the surrounding area (including, but not limited to, the cities of Mountain View, Palo Alto, and Los Altos). Activities include rental of: dinghy sailboats, windsurfers, wings (wings may be rented with a board or separately), hydrofoils/foilboards, pedalboats, kayaks, rowboats, canoes, stand up paddleboards, bicycles, scooters. Selections made in "Equipment being rented..." are used only to provide criteria for sorting participants and do not specify or limit the scope of this agreement. This waiver shall remain valid and applicable to all rentals at Shoreline Lake without regard to when Participant engages in the activity relative to the signature date. In consideration for being allowed to participate in this Activity, on behalf of myself and my next of kin, heirs, representatives, and other successors and assigns, I release from all liability and promise not to sue the Released Parties (as defined below) from any and all claims and other Released Matters (as defined below), including claims of negligence, resulting in any physical or psychological injury (including paralysis and death), illness, damages, or economic or emotional loss I may suffer because of my participation in this Activity. The “Released Parties” means Silicon Shores Corporation and its affiliates and their respective members, partners, principals, shareholders, directors, officers, agents, employees, volunteers, contractors, and successors and assigns, and the City of Mountain View. “Released Matters” means any and all charges, complaints, claims, demands, obligations, damages, actions, causes of action, suits, rights, costs, losses, debts, expenses (including attorney’s fees and costs), liabilities, liens, and indebtedness, of every type, kind, nature, description or character, whether known or unknown, suspected or unsuspected, liquidated or unliquidated arising from, in connection with, or related to, any act or omission of any of the Released Parties, or otherwise in any way related to, or arising from, participation in the Activity. I am voluntarily participating in this Activity. I am aware of the risks associated with participating in this Activity, which include but are not limited to physical or psychological injury, pain, suffering, illness, disfigurement, temporary or permanent disability (including paralysis), economic or emotional loss, and/or death. I understand that these injuries or outcomes may arise from my own or other’s actions, inaction, or negligence; or the condition of the Activity location(s). Nonetheless, I assume all related risks, both known or unknown to me, of my participation in this Activity. I agree to hold harmless, indemnify, protect, and defend the Released Parties from and against any and all claims, liabilities, expenses, costs (including attorney’s fees, court costs, and expert witness fees) arising out of, resulting from, or in connection with my participation in this Activity. If the Released Parties incur any of these types of expenses, I agree to reimburse the Released Parties for such expenses. If I need medical treatment, I agree to be financially responsible for any costs incurred as a result of such treatment. I am aware and understand that I should carry my own health insurance. I understand that participating in this Activity may increase my risk of being exposed to or infected by a communicable disease, including, but not limited to, the virus “Severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2)”, and the disease “COVID-19” which is caused by SARS-CoV-2 (collectively referred to as “Communicable Diseases”. I understand that the risk of becoming exposed to or infected by Communicable Diseases in connection with this Activity may result from the actions, omissions, or negligence of myself and others, including, but not limited to, the Released Parties. I understand that, due to the contagious nature of Communicable Diseases, this may increase the risk of members of my household, family, friends, or other parties I might come into contact with being exposed to or infected by Communicable Diseases. I understand that becoming exposed to or infected by Communicable Diseases could result in hospitalization and/or death. I assume all risks related to being exposed to or infected by Communicable Diseases in connection with this Activity, and agree that these risks constitute a Released Matter subject to the releases made herein. I affirm that I have not been diagnosed with, demonstrated any symptoms of or have in any way been exposed to any Communicable Diseases within the past fourteen (14) days. I acknowledge that I am aware that by participating in this Activity there are risks to me and to those with whom I interact of exposure, directly or indirectly, to Communicable Diseases. I affirm that if, at any time preceding or during the Activity, I am diagnosed with, demonstrate any symptoms of, or am in any way exposed to any Communicable Diseases, I will remove myself from the Activity immediately. I acknowledge that the Released Parties may remove me from the Activity immediately if they become aware of any diagnosis or symptoms of, or exposure to, Communicable Diseases for any person residing in my household. I understand that I will not be entitled to any refund, in whole or in part, for removal from the Activity for these reasons. I affirm that if I, or any member of my household, am diagnosed with any Communicable Diseases within fourteen (14) days following my participation in the Activity I will notify the Released Parties of the diagnosis by emailing boathouse@shorelinelake.com. I acknowledge and agree that the releases made herein constitute final and complete releases of the Released Parties with respect to all Released Matters, and that by signing this Agreement, I am forever giving up the right to sue or attempt to recover money, damages or any other relief from the Released Parties for all claims I may have with respect to the Released Matters (even if any such claim is unforeseen as of the date hereof). I understand California Civil Code Section 1542, which provides as follows: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS/HER FAVOR AT THE TIME OF EXECUTING THE RELEASE WHICH IF KNOWN BY HIM/HER MUST HAVE MATERIALLY AFFECTED HIS/HER SETTLEMENT WITH THE DEBTOR.” I, being aware of Section 1542, hereby expressly waive any and all rights I may have under Section 1542 and do so understanding and acknowledging the significance and consequence of such specific waiver. I understand the legal consequences of signing this document, including (a) releasing the Released Parties from all liability, (b) promising not to sue the Released Parties, (c) and assuming all risks of participating in this Activity. I understand that this document is written to be as broad and inclusive as legally permitted by the State of California. I agree that if any portion is held invalid or unenforceable, I will continue to be bound by the remaining terms. I have read this document, and I am signing it freely. No other representations concerning the legal effect of this document have been made to me. Additional acknowledgements in regards to any Minor Participants on whose behalf this document is being signed: I am the parent or legal guardian of the Participant. I understand the legal consequences of signing this document, including (a) releasing the Released Parties from all liability on my and the Participant’s behalf, (b) promising not to sue on my and the Participant’s behalf, and (c) assuming all risks of the Participant’s participation in this Activity. I allow Participant to participate in this Activity. I understand that I am responsible for the obligations and acts of Participant as described in this document. I agree to be bound by the terms of this document. I agree that if any portion is held invalid or unenforceable, I will continue to be bound by the remaining terms. I have read this document in its entirety, and I am signing it freely. No other representations concerning the legal effect of this document have been made to me. |
