In consideration of the services of Fun Unlimited, LLC, their agents, owners, officers, volunteers, participants, employees, and all other persons or entities acting in any capacity on their behalf (hereinafter collectively referred to as "FUN UNLIMITED"), I hereby agree to release, indemnify, and discharge FUN UNLIMITED, on behalf of myself, my spouse, my children, my parents, my heirs, assigns, personal representative and estate as follows: 1. I acknowledge that Paddleboard and Kayak activities entail known and unanticipated risks that could result in physical or emotional injury, paralysis, death, or damage to myself, to property, or to third parties. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity. 2. I acknowledge that this waiver is valid until October 15, 2023. The risks include, among other things: collision with fixed objects, other watercraft, or wildlife; accidental drowning; equipment failure; high wind, waves, or other inclement weather conditions including lightning. Exposure to the natural elements could cause sunburn, dehydration, heat exhaustion, heat stroke, and heat cramps. Exposure to cold water can result in cold shock, hyperventilation, and hypothermia and in extreme cases death and accidental drowning is also a possibility. Additionally, fatigue, chill and/or dizziness may diminish my/our reaction time and increase the risk of an accident. Furthermore, FUN UNLIMITED organizers have difficult tasks to perform. They seek safety, but they are not infallible. They might be unaware of a participant's fitness or abilities. They might misjudge the weather or other environmental conditions. They may give incomplete warnings or instructions, and the equipment being used might malfunction. 3. I expressly agree and promise to accept and assume all of the risks existing in this activity. My participation in this activity is purely voluntary, and I elect to participate in spite of the risks. Additionally, I agree to wear a U.S. Coast Guard approved personal flotation device (life jacket) while participating in this activity. I Agree 4. I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless FUN UNLIMITED from any and all claims, demands, or causes of action, which are in any way connected with my participation in this activity or my use of FUN UNLIMITED 's equipment or facilities, including any such claims which allege negligent acts or omissions of FUN UNLIMITED. 5. Should FUN UNLIMITED or anyone acting on their behalf, be required to incur attorney's fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs. 6. I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating, or else I agree to bear the costs of such injury or damage myself. I further certify that I am willing to assume the risk of any medical or physical condition I may have. 7. In the event that I file a lawsuit against FUN UNLIMITED, I agree to do so solely in the state of Idaho, and I further agree that the substantive law of that state shall apply in that action without regard to the conflict of law rules of that state. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining document shall remain in full force and effect. I understand that I am financially liable for lost, stolen, or damaged equipment. Cost of a paddle is $100. Cost of one fin is $20. I Agree I understand that outdoor sports are inherently dangerous, and agree that I shall not hold Fun Unlimited, LLC liable for personal injury. I Agree I understand that rentals are billed in hour blocks and that any amount over the allotted time will be billed accordingly. I Agree I understand that Fun Unlimited takes promotional photos throughout the day for social media and marketing purposes. If I am reserved about my photo being taken and used accordingly I will contact a staff member. I understand that Fun Unlimited respects personal privacy and will not take or use photos of anyone who lets the staff know that they do not wish to be photographed. I Agree By signing this document, I acknowledge that if anyone is hurt or property is damaged during my participation in this activity, I may be found by a court of law to have waived my right to maintain a lawsuit against FUN UNLIMITED on the basis of any claim from which I have released them herein. I have had sufficient opportunity to read this entire document. I have read and understood it, and I agree to be bound by its terms. Today's Date: October 4, 2024
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