PLEASE READ CAREFULLY BEFORE SIGNING.
THIS IS A RELEASE OF LIABILITY AND WAIVER OF CERTAIN LEGAL RIGHTS.
I acknowledge that use of JUNGLE FLOAT ( also referred to as “ The Activity Boat” ) is hazardous and involves a great risk of physical injury or death. I assume all risks associated with the Activity including, but not limited to, varying water conditions, obstacles, and boats, other water users, natural and manmade objects, varying weather conditions, as well as varying depth and currents. I acknowledge that use of JUNGLE FLOAT may involve serious personal injury or even death. I hereby recognize and assume those risks.
(1)RELEASE OF LIABILITY: Despite all known and unknown risks, I hereby expressly and voluntarily remise, release, acquit, satisfy and forever discharge JUNGLE FLOAT and agree to hold it harmless of and from all, and all manner of action and actions or omission(s), cause and cause of action, suits, debts, dues, sums of money, accounts, reckonings, bonds, bills, specialties covenants, contracts, controversies, agreements, promises, variances, trespasses, damages, judgments, executions, claims and demands whatsoever, in law or in equity, including, but not limited to, any and all claims which allege negligent acts and/or omissions committed by JUNGLE FLOAT, whether the action arises out of any damage, loss, personal injury, or death to me or my child(ren)/ward(s), while participating in or as a result of participating in any of the ACTIVITIES. This Release of Liability is effective and valid regardless of whether the damage, loss or death is a result of any act or omission on the part of JUNGLE FLOAT.
(2)ASSUMPTION OF RISK: I fully understand and acknowledge that risks and dangers, both foreseeable and unforeseeable, exist in the participation of the ACTIVITIES. By my participation, or the participation of my child(ren)/ward(s), in the ACTIVITIES, I hereby assume all risks and dangers and all responsibility for any and all injuries, losses and/or damages, whether caused in whole or in party by the negligence or other conduct of the JUNGLE FLOAT or by any other person or entity.
(3)INDEMNIFICATION: I hereby agree to indemnify and hold harmless JUNGLE FLOAT from and against any and all losses, liabilities, claims, obligations, costs, damages and/or expenses whatsoever paid, incurred and/or suffered by JUNGLE FLOAT, including, but not limited to, any and all attorneys' fees, costs, damages and/or judgments JUNGLE FLOAT incurs in the event that I or my minor child(ren)/ward(s) cause any injury, damage and/or harm to JUNGLE FLOAT and/or any and all other persons and entities acting in any capacity on behalf of JUNGLE FLOAT. To the extent that my child(ren) or anyone on behalf of whom I am signing this release, makes any claim against JUNGLE FLOAT, I agree to indemnify and hold JUNGLE FLOAT harmless for any and all expenses, judgments, attorney’s fees or other costs associated with or incurred as a result of such claim.
(4)PHOTO RELEASE: I hereby grant JUNGLE FLOAT on behalf of myself, my spouse and on behalf of my child(ren)/ward(s), the irrevocable right and permission to photograph and/or record me, my spouse or my child(ren)/ward(s) in connection with JUNGLE FLOAT and to use the photograph and/or recording for all purposes, including advertising and promotional purposes, in any manner and all media now or hereafter known, in perpetuity throughout the world, without restriction as to alteration. I waive any right to inspect or approve the use of the photograph.
(5) ATTORNEYS' FEES: I promise to indemnify JUNGLE FLOAT for any attorneys' fees and/or costs incurred to enforce this agreement, including all costs associated with any collection efforts. Further, should any debt and/or judgment accrue in favor of JUNGLE FLOAT, prejudgment and post-judgment interest shall accrue thereon at the highest rate allowed by law.
(6) EQUIPMENT RENTAL AGREEMENT (GOPRO/ ACCESSORIES): Renter shall alert Owner to any damage to the Equipment. Renter shall be responsible for any loss or damage to Equipment and loss of use, diminution of the Equipment’s value caused by damage to it or repair to it and missing equipment.
Renter shall also pay other charges in accordance with this Agreement due upon return of Equipment, to the fullest extent allowed by law, including but not limited to:
a) charges for optional services, if any;
b) applicable taxes;
c) loss of, or damage or repair to the Equipment, loss of use, diminution of the Equipment’s value caused by damage to it or repair to it, and costs to enforce such charges including administrative fees for processing the claim and legal expenses;
d) a $15.00 charge per hour for late return of the Equipment or the highest amount allowable under law;
e) unless due to the fault of Owner, all fines, penalties, court costs and other expenses relating to the Equipment assessed against Owner or the Equipment during the rental Term;
f) all expenses Owner incurs due to Renter’s failure to return the Equipment including costs in locating and recovering the Equipment;
i) all costs incurred to collect unpaid monies due; and
k) twenty-five dollars ($25.00) or the maximum amount allowed by law, whichever is greater, for making payment with insufficient funds.
By signing this document, I understand that I may be found by a court of law to have forever waived my and my spouse and/or child(ren)/ward(s) right to maintain any action against JUNGLE FLOAT on the basis of any claim from which I have released JUNGLE FLOAT and any released party herein and that I have assumed all risk of damage, loss, personal injury, or death to myself, my spouse and/or my minor child(ren)/ward(s) and agreed to indemnify and hold harmless JUNGLE FLOAT and all EQUIPMENT SUPPLIERS from and against any and all losses, liabilities, claims, obligations, costs, damages and/or expenses whatsoever paid, incurred and/or suffered by JUNGLE FLOAT and all EQUIPMENT SUPPLIERS as a result of the participation in ACTIVITIES in or about the facility by myself, my spouse and/or child(ren)/ward(s) and/or claims asserted by myself, my spouse and/or child(ren)/ward(s) against JUNGLE FLOAT and all EQUIPMENT SUPPLIERS related to such participation in ACTIVITIES. I have had a reasonable and sufficient opportunity to read and understand this entire document and consult with legal counsel, or have voluntarily waived my right to do so. I knowingly and voluntarily agree to be bound by all terms and conditions set forth herein.
You MUST be 18 years old or older to sign your own waiver
You MUST be the Parent or Legal Guardian to sign for a minor (under age 18)
Dated: December 15, 2018
If you have any questions email us firstname.lastname@example.org at or call us (423) 648-6777 Thank you.