Organization Name: Chill n Grill Watersports LLC / Key West HydroBikes (the "Host") K ey West, Florida
In consideration of being allowed to participate in any way in the program, related events and activities, and use of equipment, I the undersigned, acknowledge, appreciate, and agree that:
1. The risk of injury from the activities involved in this program is significant, including the potential for permanent paralysis and death.
2. I KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, both known and unknown, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASEES or others, and assume full responsibility for my participation.
3. I willingly agree to comply with terms and conditions for participation. If I observe any unusual significant hazard during my presence or participation, I will remove myself from participation and bring such to the attention of the nearest official immediately.
4. I, for myself and on behalf of my heirs, assigns, personal representatives and next of kin, HEREBY RELEASE, INDEMNIFY, AND HOLD HARMLESS the Host, its officers, officials, agents and/or employees, other participants, sponsors, advertisers, and, if applicable, owners and lessors of premises used to conduct the event (RELEASEES), from any and all claims, demands, losses, and liability arising out of or related to any INJURY, DISABILITY OR DEATH I may suffer, or loss or damage to person or property, WHETHER ARISING FROM THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE, to the fullest extent permitted by law.
I will notify the Host ownership or employees if I suffer from any medical or health condition that may cause injury to myself, others, or may require emergency care during my participation.
By signing below, I hereby grant and convey to the Host all right, title and interest in and to record my name, image, voice, or statements including any and all photographic images and video or audio recordings made by the Host.
The Venue of any dispute that may arise out of this agreement or otherwise between the parties to which the Host or its agents is a party shall be either the Town of [Key West], [Florida] Justice Court ,or the County or State Supreme Court in [Monroe County] County.
I HAVE READ THIS RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.
Rental Equipment Agreement, Waiver and Release of Liability Chill n' Grill Watersports/Key West HydroBikes
HydroBikes Equipment Rental Agreement between (CNGW/KWHB) Chill n' Grill Watersports/Key West Hydrobikes, Key West, Florida, herein called, “Lessor,” and the undersigned, herein called, “Renter.” This agreement also constitutes a Waiver and Release of Liability, whereby the Renter agrees to release, discharge, hold harmless, defend and indemnify CNGW/ KWHB and its owners, agents, officers and employees from any and all claims, actions or losses for bodily injury, property damage, wrongful death, loss of services or otherwise which may arise out of Renter’s use of HydroBikes Equipment, premises or facilities or Renter’s participation in HydroBikes watersports activities. By signing this document, Renter acknowledges he/she specifically understands he/she (Renter) is releasing, discharging and waiving any claims or actions that I may have at the present time, or in the future, for the negligent acts, omissions or other conduct by the owners, agents, officers or employees of CNGW/KWHB. Please initial each item and sign below to acknowledge acceptance of this agreement.
Renter shall obey all state, federal and local Boating Regulations, laws, ordinances and lawful directives from appropriate emergency or law enforcement personnel, while operating or renting equipment from CNGW/KWHB. Renter is solely responsible for any citation or violation occurring during the use of, or as the result of using, rental equipment from CNGW/KWHB.
Renter represents that he/she is capable of safely operating and handling the Equipment and finds it in good working order, condition and repair. Renter represents that he/she has adequate skills, knowledge and experience to safely complete the planned activity and that adequate preparations have been made to ensure safe completion of trip.
Renter shall bear all risk and responsibility of and for any and all damage, loss or theft of the rental Equipment, or any portions thereof, including, but not limited to vandalism or theft, and shall pay the Lessor (Chill n Grill Watersports/Key West Hydrobikes) the full cost of repair or replacement.
Renter shall return boats and equipment in the same condition in which it was received. Minimum charges for repairs, labor and cleaning will be applied in the event rental equipment require repair or excessive cleaning. Renter agrees to use all equipment for its designed purpose only.
RECOGNITION OF RISK: Renter expressly acknowledges that watersports and HydroBikes are activities with inherent risks of injury to persons and property. RENTER IS AWARE OF THOSE RISKS AND UNDERSTANDS THEM. Renter acknowledges that PFD’s (Lifejackets) are made available and that ALL RENTERS ARE REQUIRED TO WEAR PFD’s/LIFEJACKETS WHILE USING RENTAL BOATS AND EQUIPMENT. Renter understands that use of a PFD does not remove all risks of injury; nor does PFD use make watersports Hydrobikes safe activities. Renter alone has determined the sufficiency of any safety gear or other precautions that Renter decides to take to minimize the risks of the activity. No party related to Lessor, including Owner and Employees, has made any representations regarding the safety of, or the risks of, the activity. RENTER EXPRESSLY ASSUMES THE RISKS OF THE ACTIVITY.
RELEASE OF LIABILITY: Renter hereby RELEASES Lessor (Chill n Grill Watersports/Key West Hydrobikes), its owners and its employees from liability for negligence and HOLDS HARMLESS the Lessor, its owner and its employees from any loss, expense or cost, including attorney fees, arising out of any damages or injuries, whether to persons or property, occurring as a result of the rental or use of said boat and/or Equipment
This agreement constitutes the entire agreement between Lessor and Renter and no term may be waived or modified (including provision against oral modification) except in writing signed by both parties. There are no warranties, expressed or implied, by Lessor to Renter, except as contained herein, and Lessor shall not be liable for any loss or injury to Renter nor to anyone else, of any kind or however caused. This agreement is one of bailment only and Renter is not Lessor’s agent while using said boat(s) or Equipment. The laws of the State of Florida shall govern this agreement.
Renter hereby is responsible for any damages or lost equipment and assumes financial obligation for charges to be made to (card used for bookings with fareharbor) for lost or damaged equipment.
Renter will return equipment at the specific time stated on agreement or will be charged for the amount of time that the equipment is used. No prorated time rounded to next hour.
NON COMPLIANCE WITH THE ABOVE AGREEMENT MAY RESULT IN CHARGES FOR LOSS OR DAMAGE.
I have read and understand the above. I agree to the terms and conditions as stated.
Today's Date: April 5, 2020