PARTICIPANT WAIVER & RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT
***READ CAREFULLY AND COMPLETELY BEFORE SIGNING***
THE NEIGHBORHOOD. OFFSHORE LLC d/b/a/ Neighborhood Offshore Boutique and Board Shop
TODAY'S DATE: January 15, 2019
I hereby affirm and acknowledge that I have been fully informed of the inherent hazards and risks associated with THE NEIGHBORHOOD. OFFSHORE, LLC, transportation of equipment related to the activities, and traveling to and from activity sites in which I am about to engage.
Inherent hazards and risks include but are not limited to:
1. The hazards and risks of injury from the Activities are significant including, but not limited to, damage to person and property, serious bodily injury, permanent paralysis and loss of life; I assume all such risks, both known and unknown, whether arising from, relating to or in connection with any act, omission, recklessness, negligence or gross negligence of THE NEIGHBORHOOD. OFFSHORE, LLC or others; I assume full responsibility for my participation; and I agree that THE NEIGHBORHOOD. OFFSHORE, LLC is not and will not be responsible or liable for any such damage, injury, paralysis or loss of life.
2. I will comply with any and all of THE NEIGHBORHOOD. OFFSHORE, LLC s terms and conditions of my participation in the Activities including, but not limited to, any THE NEIGHBORHOOD. OFFSHORE, LLC trip plan or suggested route for the Activities which I will follow, failing which I will immediately reimburse THE NEIGHBORHOOD. OFFSHORE, LLC for any rescue efforts THE NEIGHBORHOOD. OFFSHORE, LLC may determine to be necessary or appropriate. If I observe, realize or perceive any uncomfortable, unusual or significant hazard or risk during my participation, I will remove myself immediately from participation and immediately bring that hazard or risk to the attention of THE NEIGHBORHOOD. OFFSHORE, LLC.
3. I, for myself and my heirs, beneficiaries, personal representatives, successor, assigns and all other persons (the Releasors), will defend (with attorneys acceptable to THE NEIGHBORHOOD. OFFSHORE, LLC), release, indemnify, and hold harmless THE NEIGHBORHOOD. OFFSHORE, LLC and any all of THE NEIGHBORHOOD. OFFSHORE, LLC s related or affiliated companies, officers, directors, officials, volunteers, agents, representatives, employees, independent contractors, subcontractors, third-party vendors, concessionaires, other participants, sponsors, advertisers and owners and lessors of any premises, facilities or equipment used in the Activities, and their successor and assigns (collectively, the Releasees), from and against any and all liabilities, claims, demands, damages, losses, costs and expenses (including, but not limited to, attorneys fees and costs through all appellate and post-judgment proceedings including, without limitation, any bankruptcy proceedings) arising from, related to or in any way connected with the Activities or my presence on Premises and any damage, harm, injury or death recklessness, negligence or gross negligence of any of the Releasees or otherwise, directly or indirectly, to the fullest extent permitted by law.
I FURTHER UNDERSTAND AND AGREE THAT THE WAIVER, RELEASE AND INDEMNIFICATION CONTAINED IN THIS DOCUMENT SHALL APPLY TO ANY AND ALL ACTIVITIES PARTICIPATED IN ON THE DATE FIRST STATED ABOVE (THE PARTICIPATION START DATE) AND SHALL CONTINUE TO APPLY TO ANY AND ALL ACTIVITIES THAT I PARTICIPATE IN AND TO EACH AND EVERY TIME I VISIT THE PREMISES FOR A PERIOD OF FIVE (5) YEARS INTO THE FUTURE AS MEASURED FROM THE PARTICIPATION START DATE.
4. The use by me of any equipment (the Equipment) provided by THE NEIGHBORHOOD. OFFSHORE, LLC constitutes my acceptance of the Equipment, on a temporary lease basis in As Is condition, without any representation or warranty whatsoever. I will immediately pay for THE NEIGHBORHOOD. OFFSHORE, LLC any damage, destruction or loss of any of the Equipment. If I fail to return to THE NEIGHBORHOOD. OFFSHORE, LLC any or all of the Equipment, I will immediately reimburse THE NEIGHBORHOOD. OFFSHORE, LLC for the full replacement cost of the unreturned Equipment and, if THE NEIGHBORHOOD. OFFSHORE, LLC has made any effort to search for or locate the unreturned Equipment, I will immediately pay THE NEIGHBORHOOD. OFFSHORE, LLC for that effort.
5. If any provision of this Agreement is determined to be unenforceable for any reason, all other provisions of this Agreement will remain in full force and effect. The provisions of this Agreement will survive any termination, cancellation, expiration or conclusion of the Activities. This Agreement incorporates the entire understanding and agreement between me and THE NEIGHBORHOOD. OFFSHORE, LLC, and any modification of this Agreement accordance with the laws of the State of Nebraska, and the venue for any litigation or other legal proceedings will be in Douglas County, Nebraska.
6. THE NEIGHBORHOOD. OFFSHORE, LLC may use any and all photographs, videos, slides, digital files and any other images of me in any advertising, marketing, display, publication, website or any other media, or for any other purpose or use, obtained, created, produced or reproduced for, by or in connection with THE NEIGHBORHOOD. OFFSHORE, LLC or the Activities, and any and all such photographs, videos, slides, digital files and other images including, without limitation, any and all copyright and other rights, will belong to and remain the exclusive property of THE NEIGHBORHOOD. OFFSHORE, LLC.
7. NOTICE TO THE MINOR CHILDS PARENT OR NATURAL GUARDIAN OR LEGAL GUARDIAN: READ THIS FORM COMPLETELY AND CAREFULLY. YOU ARE AGREEING TO LET YOUR MINOR CHILD ENGAGE IN A POTENTIALLY DANGEROUS ACTIVITY. YOU ARE AGREEING THAT, EVEN IF THE NEIGHBORHOOD. OFFSHORE, LLC USES REASONABLE CARE IN PROVIDING THIS ACTIVITY, THERE IS A CHANCE YOUR CHILD MAY BE SERIOUSLY INJURED OR KILLED BY PARTICIPATING IN THIS ACTIVITY BECAUSE THERE ARE CERTAIN DANGERS INHERENT IN THE ACTIVITY WHICH CANNOT BE AVOIDED OR ELIMINATED. BY SIGNING THIS FORM YOU ARE GIVING UP YOUR CHILDS RIGHT AND YOUR RIGHT TO RECOVER FROM THE NEIGHBORHOOD. OFFSHORE, LLC IN A LAWSUIT FOR ANY PERSONAL INJURY, INCLUDING DEATH, TO YOUR CHILD OR ANY PROPERTY DAMAGE THAT RESULTS FROM THE RISKS THAT ARE A NATURAL PART OF THE ACTIVITY. YOU HAVE THE RIGHT TO REFUSE TO SIGN THIS FORM, AND THE NEIGHBORHOOD. OFFSHORE, LLC HAS THE RIGHT TO REFUSE TO LET YOUR CHILD PARTICIPATE IF YOU DO NOT SIGN THIS FORM.
PARENT or COURT-APPOINTED LEGAL GUARDIAN must provide/supply U.S. Coast Guard Approved PFD for ages 14 and younger. Participants 14 and younger are REQUIRED to wear a U.S. Coast Guard Approved PFD when participating in the Activities.
Additional Age Guidelines:
Under Age 10: Not permitted on their own board, must ride tandem WITH PARENT OR COURT-APPOINTED LEGAL GUARDIAN.
Ages 10-15: Must complete and PASS Neighborhood Offshore paddle proficiency evaluation in order to paddle independently (Neighborhood Offshore reserves the right to pass/or require more classes upon evaluation). PARENT or COURT-APPOINTED LEGAL GUARDIAN must be out on the water within arms reach of minor after they have passed the evaluation (see staff for more information).
SPORT PARTICIPANT RELEASE OF LIABILITY, WAIVER OF CLAIMS, EXPRESS ASSUMPTION OF RISK AND INDEMNITY AGREEMENT
Please read and be certain you understand the implications of signing.
Express Assumption of Risk Associated with Sport, Venue Use and Related Activities.
I do hereby affirm and acknowledge that I have been fully informed of the inherent hazards and risks associated with THE NEIGHBORHOOD. OFFSHORE, LLC, transportation of equipment related to the activities, and traveling to and from activity sites in which I am about to engage. Inherent hazards and risks include but are not limited to:
1. Risk of injury from the activity and equipment utilized is significant including the potential for broken bones, severe injuries to the head, neck, and back or other bodily injuries that may result in permanent disability and death.
2. Possible equipment failure and/or malfunction or misuse of my own or others equipment.
3. I AGREE THAT I WILL WEAR APPROVED PROTECTIVE GEAR AS DECREED BY THE GOVERNING BODY OF THE SPORT I AM PARTICIPATING IN. However, protective gear cannot guarantee the participants safety. I further agree that no helmet can protect the wearer against all potential head injuries or prevent injury to the wearers face, neck or spinal cord.
4. Variation and/or steepness of terrain, variation or changes in surfaces including but not limited to snow surfaces, ice, bare spots, rocks, stumps, debris, cliffs, trees, fences, posts, trees, light poles, signs, buildings, roads, walkways, ramps, rails, stairs, pyramids, manual pads, bowls, half-pipes, jumps, padded and non-padded barriers, other persons, and other natural and man-made hazards.
5. My own negligence and/or the negligence of others, including but not limited to operator error and guide decision making including misjudging terrain, weather, riding surfaces or other obstacles.
6. Exposure to the elements and temperature extremes may result if frostnip, frostbite, heat exhaustion, heat stroke, sunburn, hypothermia and dehydration.
7. Dangers associated with exposure to natural elements include but are not limited to avalanche, rock fall, inclement weather, thunder and lighting, severe and or varied wind, temperature and other weather conditions.
8. Accidents or illness occurring in remote places where there are no available medical facilities.
9. Fatigue, exhaustion, chill, and/or dizziness, which may diminish my/our reaction time and increase the risk of accident.
10. Impact or collision with other athletes, spectators, facility employees, pedestrians, motor vehicles, and cyclists.
*I understand the description of these risks is not complete and unknown or unanticipated risks may result in injury, illness, or death.
Release of Liability, Waiver of Claims and Indemnity Agreement
In consideration for being permitted to participate in the above described activity(ies) and related activities, I hereby agree, acknowledge and appreciate that:
1. I HEREBY RELEASE AND HOLD HARMLESS WITH RESPECT TO ANY AND ALL INJURY, DISABILITY, DEATH, or loss or damage to person or property, WHETHER CAUSED BY NEGLIGENCE OR OTHERWISE, the following named persons or entities, herein referred to as releasees THE NEIGHBORHOOD. OFFSHORE, LLC.
2. To release the releasees, their officers, directors, employees, representatives, agents, and volunteers from liability and responsibility whatsoever and for any claims or causes of action that I, my estate, heirs, survivors, executors, or assigns may have for personal injury, property damage, or wrongful death arising from the above activities whether caused by active or passive negligence of the releasees or otherwise. By executing this document, I agree to hold the releasees harmless and indemnify them in conjunction with any injury, disability, death, or loss or damage to person or property that may occur as a result of my engaging in the above activities.
3. By entering into this Agreement, I am not relying on any oral or written representation or statements made by the releasees, other than what is set forth in this Agreement.
4. This agreement shall apply to any and all injury, disability, death, or loss or damage to person or property occurring at any time after the execution of this agreement.
I HAVE READ THIS RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT, I FULLY UNDERSTAND ITS TERMS, I UNDERSTAND THAT I HAVE GIVEN UP LEGAL RIGHTS BY SIGNING IT, AND I SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT. I AM AWARE THIS IS AN ASSUMPTION OF RISK WAIVER AND RELEASE FROM LIABILITY AND SIGN IT VOLUNTARILY. I ALSO UNDERSTAND THAT I SHOULD NOT AND MAY NOT PARTICIPANT IN THIS ACTIVITY IF I AM UNDER THE INFLUENCE OF DRUGS OR ALCOHOL.