I, the undersigned user, acknowledge and understand that during my use of the BrewBarge LLC (BrewBarge) cycleboat (Vessels) operated by BrewBarge LLC, I may be exposed to a variety of hazards and risks, foreseen or unforeseen, which are inherent in travelling in a vessel, cycling, recreation, exercise and related activities. These inherent risks include, but are not limited to, the dangers of serious personal injury, death and property damage (Injuries and Damages) resulting from, but not limited to: (i) physical exercise and exertion; (ii) physical contact with other vessels, other individuals and water hazards; (iii) falling or tripping due to water hazards; (iv) falling from heights, including falling off the Vessel; and (v) other hazards associated with travel on a vessel. I further acknowledge and understand these Injuries and Damages cannot be eliminated without destroying the unique character of the Vessel.
I fully understand that the BrewBarge has not tried to contradict or minimize my understanding of these risks. I know that Injuries and Damages can occur by natural causes or activities of other persons, other users, staff of BrewBarge or other third parties, either as a result of negligence or because of other reasons. I understand the risks of such Injuries and Damages involved in the Vessel and I appreciate that I may have to exercise extra care for my own person and for others around me in the face of such hazards. I further understand that there may not be medical personnel or medical facilities or expertise necessary to deal with the Injuries and Damages to which I may be exposed.
In consideration for my acceptance as an eligible user of the Vessel, and the services and amenities provided by BrewBarge in connection with the Vessel, I CONFIRM MY UNDERSTANDING OF THE FOLLOWING:
RELEASE OF LIABILITY. To the fullest extent allowed by law, I agree to WAIVE AND DISCHARGE CLAIMS AGAINST, RELEASE FROM LIABILITY, INDEMNIFY, DEFEND, AND HOLD HARMLESS BrewBarge and its parents, subsidiaries and affiliates and their respective past and present officers, directors, stockholders, managers, members, partners, agents and employees (collectively, Released Parties) from and against ANY AND ALL LIABILITY on account of, or in any way resulting from, my death or personal injury relating to my use of the Vessel, even if caused by NEGLIGENCE of the Released Parties. Such negligence could involve (a) negligent operation and supervision of the Vessel, (b) negligent maintenance or operation of the equipment or Vessel in general, (c) negligent manufacture of or use of equipment to be used in the Vessel, including the Vessel itself, and (d) the negligent provision of emergency response services. I understand and intend that the assumption of risk and release is binding upon my heirs, executors, administrators and assigns.
This Waiver and Release is intended to be as broad and inclusive as is permitted by law. If any provision or any part of any provision of this Waiver and Release is held to be invalid or legally unenforceable for any reason, the remainder of this Waiver and Release shall not be affected thereby and shall remain valid and fully enforceable.
I have read this Waiver and Release of Liability in its entirety and I freely and voluntarily choose to use the Vessel and assume all risks of Injuries and Damages. I acknowledge my waiver of any right I may have to bargain for different terms of this waiver and recognize that a narrower waiver would increase the costs associated with the Vessel and/or limit or preclude my use of the Vessel. By my signature below, I acknowledge and represent that I am over twenty one (21) years old and was born on the date below.