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PADDLE OUT RENTAL RELEASE AND LIABILITY FORM
537 East Main St. Manasquan, NJ 08736
732-223-3131 

In consideration of the use of property, facilities, and/or services of Paddle Out, LLC, Drift In, LLC and the Borough of Manasquan (Collectively referred to as “Releasors”), the undersigned acknowledges and agrees as follows:

WARNING. There are significant elements of risk in any adventure sport or activity associated with the use or presence of a water craft, including but not limited to paddle boards, kayaks, rafts, tubes, and the use of related equipment. These risks are inherent in paddle boarding and kayaking and are present even if the equipment is used properly and even in still water.

SCOPE OF RELEASE. This Release of Liability covers all activities indirectly or directly associated with the use of Releasors’ equipment, facilities, property, services, and activities organized by, sponsored by, permitted by, or directed by Releasors.

RISK FACTORS. The undersigned understands and acknowledges that Paddle Out’s activities involve risks such as, but not limited to, the following: (i) changing water flow, conditions or current; (ii) collision with other participants, any portion of the interior of the craft, other water craft, manmade or natural objects, including overhanging, submerged and/or semi-submerged trees, branches, rocks and boulders; (iii) cold weather and heat related injuries and illnesses including hyperthermia, frostbite, heat exhaustion, sunburn, sun stroke, and dehydration; (iv) inclement weather, variances and extremes of wind, weather and temperature, the presence of insects and animals; (v) sense of balance, physical coordination, ability to swim, and/or ability to follow directions; (vi) loss of control of the craft, collision, capsizing, and sinking of the craft which can result in wetness, injury, exposure to the elements, hypothermia and drowning; (vii) getting in and out of the craft; (viii) travel, including hiking, portaging and travel to and from the related and unrelated activities; (ix) the presence of wild animals, including marine life forms, (x) unavailability of emergency aid services and emergency medical care, (xi) boat wakes, currents or other conditions caused by other watercraft. The undersigned acknowledges that Paddle Out activities, as well as other foreseeable or unforeseeable factors or circumstances, may result in a RISK OF PROPERTY DAMAGE, BODILY INJURY, AND POSSIBLY DEATH.

ASSUMPTION OF RISK. By executing this Release of Liability, the undersigned expressly assumes all risks that arise from the participation in Paddle Out’s activities and use of Releasors’ facilities and equipment, the acts of others, the unavailability of emergency care, and any other foreseeable or unforeseeable factors or circumstances related to Paddle Out’s Activities or use of Releasors’ property. The undersigned assumes all risk of injury, death or property damage as a result.

ACKNOWLEDGMENT OF RULES, POLICIES AND PROCEDURES. The undersigned acknowledges that he or she has read and understands all of the rules, policies and procedures relating to Paddle Out’s Activities and understands that the safe and proper use of the Releasors’ facilities, property, equipment and participation in Paddle Out’s Activities are dependent upon carefully following such rules, policies and procedures. The undersigned agrees to wear a properly fitted and fastened U.S. Coastguard approved flotation device (lifejacket) while on the water. The undersigned understands that paddle boarding and kayaking should only be undertaken after proper instruction and training. Paddle Out provides instruction and basic training but may not realistically address all safety risks and concerns, and the undersigned assumes this risk. The undersigned assumes full responsibility for deciding where, when and with whom to paddle within the permitted and suggested areas disclosed by Paddle Out. The undersigned acknowledges and agrees that the rental equipment provided by Paddle Out is for the sole and exclusive use of the undersigned and may not be used by any other person.

PHYSICAL CONDITIONS AND SKILLS. The undersigned represents that he or she has the requisite skills, physical abilities and mental abilities necessary for proper and safe use of Releasors’ equipment, facilities, property and services and to participate in Paddle Out’s Activities. The undersigned agrees that if he or she has any questions as to what skills, qualifications or training are necessary to properly use the equipment or facilities, or to participate in the Paddle Out’s Activities, then he or she shall direct such questions to the appropriate staff member on site. Any and all medical or health related concerns should be directed to an appropriate health provider prior to renting.

RELEASE. The undersigned hereby releases, discharges, waives, disclaims and relinquishes all claims, actions or causes of action against Releasors and their officers, employees and agents individually and in their professional and/or business capacities, and agrees not to bring a claim or sue them on account of or in conjunction with any claims, causes of action, injuries, damage, costs or expenses arising out of use of Releasors’ property or in Paddle Out Activities, including those based on death, bodily injury or property damage, theft or other loss, whether or not caused by participation in Paddle Out Activities or the negligence of Releasors and their officers, employees and agents individually and in their professional and/or business capacities; provided, however, the foregoing release shall not apply to claims solely based on the willful misconduct of Releasors.

INDEMNITY. The undersigned agrees to indemnify and defend Releasors, and their officers, employees and agents (each, an “Indemnitee”) and hold them harmless from any or all claims, causes of action, damage judgments, costs or expenses, including attorney fees which in any way arise from the undersigned participation in the Paddle Out’s Activities or use of Releasors’ property in any way, which include but are not limited to damages to or destruction of any property of an Indemnitee, of any others, injury or death of the undersigned or anyone else or any liability arising from the act or negligent act of an Indemnitee, the undersigned or anyone else; provided, however, the foregoing indemnity shall not apply to claims related solely to the willful misconduct of Releasors.

PROPERTY DAMAGE. The undersigned agrees to pay for any or all damages to any property of and Indemnitee caused by the undersigned either negligently, willfully, or otherwise. The undersigned further expressly agrees that any credit or debit card utilized for the rental may be charged for the actual cost of repair (or necessary replacement) of all such property damage without further need for the undersigned’s authorization. An invoice reflecting any such charge will forwarded to the address provided on this waiver.

EMERGENCY TREATMENT CONSENT. The undersigned, as a participant in the subject activity, hereby consents to medical treatment in a medical emergency where the undersigned is unable to consent to such treatment. The undersigned understands and agrees that he or she is responsible for any and all medical bills as a result of any treatment related to injuries allegedly resulting from use of Releasors’ services, equipment, property or facilities.

ACKNOWLEDGMENT. The undersigned has read and understands this Release of Liability and realizes it relates to surrendering valuable legal rights and assuming important legal responsibilities and does so freely and voluntarily.

 

Dated: April 30, 2024

First Participant's Name

First Name*

Last Name*

Phone*
First Participant's Date of Birth*
First Participant's Signature*
Second Participant's Name

First Name*

Last Name*
Second Participant's Date of Birth*
Third Participant's Name

First Name*

Last Name*
Third Participant's Date of Birth*
Fourth Participant's Name

First Name*

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Fourth Participant's Date of Birth*
Fifth Participant's Name

First Name*

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Fifth Participant's Date of Birth*
Sixth Participant's Name

First Name*

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Sixth Participant's Date of Birth*
Seventh Participant's Name

First Name*

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Seventh Participant's Date of Birth*
Eighth Participant's Name

First Name*

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Eighth Participant's Date of Birth*
Ninth Participant's Name

First Name*

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Ninth Participant's Date of Birth*
Tenth Participant's Name

First Name*

Last Name*
Tenth Participant's Date of Birth*
Parent or Guardian's Email Address

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A signed copy of this waiver will be sent to the email address you provide.
I am the parent and/or legal guardian of the above named minor. I have read and understand that the Release of Liability involves surrendering valuable legal rights of the minor and myself. I personally, and on behalf of the minor, agree to be bound by all terms of the Release of Liability. I also give my consent to the participation in Paddle Out Activities by the minor, and assume full supervisory responsibility over said minor in all such activities.


By signing below the Parent or Court-Appointed Legal Guardian agrees that they are also subject to all the terms of this document, as set forth above.
Parent or Guardian's Name

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Parent or Guardian's Date of Birth*
Parent or Guardian's Signature*
Electronic Signature Consent*
 By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.


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