RELEASE OF LIABILITY, WAIVER OF CLAIMS, INDEMNIFICATION, AND ARBITRATION AGREEMENT
Notice - By signing this document you may be waiving certain legal right, including the right to sue.
Rules and Regulations
My signature below confirms that I understand and agree to comply with the following "Rules and Regulations" for South Tahoe Standup Paddle's rental equipment as stated below. I also understand that this activity may involve risks and that I am liable for the personal safety of the occupants and for loss or damage to the rental equipment. I therefore agree that I am assuming all risks in connection with my participation in any activity or rental of standup paddleboards, kayaks, pedal boats, and paddles at South Tahoe Standup Paddle. Participants must be 18 years of age. Minors must be accompanied by an adult at all times. Participate/paddle at your own risk; South Tahoe Standup Paddle is not responsible for injury, death or loss of property. Maximum paddle board capacity is 1 adult. Children under the age of 6 years old are not allowed on the rental equipment. In accordance with U.S. Coast Guard requirements, children 12 years old and under must be wearing a personal flotation device (PFD). South Tahoe Standup Paddle requires that all participants wear their PFD. South Tahoe Standup Paddle additionally requires that all participants using the paddleboards wear the coiled ankle leash (provided on the paddleboard) while paddling in the open water. The leash should be removed if participant is paddling in a river or creek due to risk of entanglement in obstructions. Dogs riding in or on the rental equipment must be wearing a PFD. Do not feed or provoke wildlife.
Release and Waiver of Claims; Indemnification Agreement In consideration of being allowed to use the facilities and participate in programs and events at South Tahoe Standup Paddle (STSUP), the participant, and the participants parent(s) or legal guardian(s) if the participant is a minor, do hereby agree, to the fullest extent permitted by law, as follows:
1. To Waive All Claims that they have or may have against STSUP arising out of the Participants participation in the programs or the use of any equipment provided by STSUP. The Participant and his/her Parents or legal guardian(s) specifically understand that they are releasing any and all claims that arise or may arise from any negligent acts or conduct of STSUP, its owners, affiliates,operators, employees, agents, and officers, to the fullest extent permitted by law. However, nothing in this Agreement shall be construed as a release for conduct that is found to constitute gross negligence or intentional conduct;
2. To Assume All Risks of participation in the programs and using the equipment, even those caused by the negligent acts or conduct of STSUP, its owners, affiliates, operators, employees, agents, and officers. The Participant and his/her Parents or legal guardian(s) understand that there are inherent risks of participating in the Programs and using the equipment, which may be both foreseen and unforeseen and include serious physical injury and death:
3. To Release STSUP, its owners, affiliates, operators, employees, agents and officers from all liability for any loss, damage, injury, death or expense that the Participant (or his/her next of kin) may suffer, arising out of participation in Programs and use of the Equipment.
The Participant, and the Participants parent(s) or legal guardian(s), if Participant is a minor, hereby agrees to submit any dispute arising from participation in the Programs, for which Participant intends to seek damages in excess of $75,000.00 to binding arbitration. Submission shall be unlimited. For such disputes, there shall be a three-member arbitration panel, consisting of two party-appointed arbitrators (one arbitrator to be appointed by each party) and one neutral arbitrator (collectively, the Panel), to be chosen by the party-appointed arbitrators. The neutral arbitrator shall be an officer or director of any entity that operates a non-motorized watercraft rental business in the United States. In the event that the two party-appointed arbitrators are not able to agree on a third, neutral arbitrator, the neutral arbitrator shall be appointed by the United States District Court, for the District of California, utilizing the selection criteria for neutral as set forth above. Each party shall pay its own costs, including the costs associated with the party-appointed arbitrators, and the parties shall share equally the costs associated with the neutral arbitrator. The arbitration proceeding shall proceed in the county and state in which the Programs occurred and shall be governed by the Federal Rules of Evidence.
The Panel shall establish a reasonable and appropriate discovery schedule to expeditiously resolve this matter. In the event that Participant, or the Participants parent(s) or legal guardian(s), if Participant is a minor, files a lawsuit in any court relating to, and/or arising from, Participants participation in the Programs, Participant and/or Participants parent(s) or legal guardian(s), by signing this document, stipulate to a cap on Participants damages of $75,000.00, exclusive of interest and costs. As a threshold matter, the Panel, or the Court (if a lawsuit is filed), shall confirm whether the Waiver and Release contained in this Agreement are enforceable under applicable law.
Photography/videography Release Participant hereby grants to the Host, its representatives, and employees the right to take photographs and video of Participant in connection with Participants participation in the Programs. Participant hereby authorizes STSUP to copyright, use and publish the same in print and/or electronically. Participant hereby agrees that STSUP may use such photographs and video of Participant for any lawful purpose, including but not limited to publicity, illustration, advertising and Web content.
Personal Responsibility The Participant certifies that he/she has no physical or mental condition that precludes him/her from participating in the Programs and that he/she is not participating against medical advice.
If helmets are recommended for use while participating in the Programs, and Participant chooses not to wear a helmut, he/she does so at his/her own risk and accepts full responsibility for any injury that results.
The Participant understands that his/her participation in the Programs is voluntary and further understands that he/she has the opportunity to inspect STSUP equipment and location before any participation.
The Participant understands that he/she is obligated to follow the rules of the Programs and that he/she can minimize his/her risk of injury by doing so and through the exercise of common sense and by being aware of his/her surroundings.
If, while participating in the Programs, the Participant observes any unusual hazard, which he/she believes jeopardizes his/her personal safety or that of others, he/she will remove himself/herself from participation in the Programs and immediately bring said hazard to the attention of STSUP.
Parent / Legal Guardian , hereby agree that I will explain to my child that the risk of injury while participating in the Programs can be reduced by following the rules and through the use of common sense and good judgment.
To the extent that any portion of this Agreement is deemed to be invalid under the law of the applicable jurisdiction, the remaining portions of the Agreement shall remain binding and available for use by STSUP and its counsel in any proceeding.
I HAVE READ AND UNDERSTAND THIS AGREEMENT AND I AM AWARE THAT BY SIGNING THIS AGREEMENT I MAY BE WAIVING CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE.