Rules for boat usage
- Must be 8 years of age or older to ride in a Kayak or Sunfish accompanied by a parent or guardian.
- Must be 16 years of age or older to use a Kayak or Sunfish without a parent or guardian.
- Anyone under the age of 16 must have someone 18 or older in the Kayak at all times.
- Maximum capacity for a Kayak or Sunfish is 2 people.
- Transferring of Kayak or Sunfish mush be done at the beach with attandant supervision.
- NO ALCOHOL IS ALLOWED ON BOATS.
- No one appearing to be under the influence of alcohol or drugs is allowed to use “Grand Hotel” boats.
- Riders are required to keep boats inside the designated safe zone, from THE NORTHERN MOST JETTY, LOCATED JUST NORTH OF THE BEACH HUT, TO THE SOUTHERN MOST JETTY, LOCATED IN FRONT OF NORTH BAY HOUSE, AND OUT TO THE GREEN CHANNEL MARKER.
I HAVE READ AND AGREE TO THE RULES STATED ABOVE. I UNDERSTAND THAT NOT FOLLOWING THE RULES STATED ABOVE WILL REVOKE ALL PRIVILEGES GIVEN TO ME TO USE GRAND HOTEL EQUIPMENT.
Please read carefully before signing
I, the undersigned, in consideration of using the boats owned by GRAND HOTEL GOLF RESORT & SPA, state that I have read and understand and hereby expressly accept and agree to the following:
A. Risk of Personal Injury: I understand that the risks of boating are numerous and include, but are not limited to the following: Death, Paralysis, head injuries, broken bones, cuts, scrapes, damages to boats,gear,clothing and causing damage to and/or injuring others: tipping boats over, exposure to sea life and/or other natural occurring obstacles. Negligence of other boaters and/or negligent actions of the Grand Hotel Golf Resort & Spa any owners of property ridden on, their officers, employees, or agents (herein referred to as “Grand Hotel”)
B. Conditions and Representations
- I have made no misrepresentations to “Grand Hotel” in any regard, including, but not limited to, my height, weight, age, abilities or sailing or boating knowledge.
- All instructions for the use of any boat or boating equipment (the “Equipment”) have been made clear to me, and I fully understand how to use the “Equipment”. I accept the “Equipment” for use as is, and accept full responsibility for the care of the “Equipment” while it is in my possession.
- I have a life jacket or one has been provided to me and I will wear a life jacket at all times. I understand that wearing a lifejacket could increase my chance of survival in open waters.
- The “Equipment” loaned to me by the “Grand Hotel” is working properly. I am physically and mentally able to operate and I am familiar with boating and its physical and mental requirements and risks involved.
- I will read and follow all instructions and signs. I agree that the “Grand Hotel” may revoke and/or confiscate my pass to ride and prevent my use of the “equipment” for unsafe or rude conduct or failure to obey the instructions.
- I agree that I am fully responsible for all damage or loss to the boat and agree to pay for all repairs or for the replacement cost of the boat, if lost, stolen or damaged.
RELEASE OF ALL LIABILITY (including negligence). I AGREE TO FULLY RELEASE AND DISCHARGE ALABAMA REAL ESTATE HOLDING, INC.; PCH HOTELS AND RESORTS, dba GRAND HOTEL GOLF RESORT & SPA; FROM ANY LIABILITY FOR ANY DAMAGES, INJURIES, OR CLAIMS, AND INCLUDING ANY INJUIRIES OR DAMAGES OCCURRING FROM NEGLIGENCE of “Grand Hotel” to myself or any other person or property, as a result my participation in boat usage. I fully understand and agree to release the “Grand Hotel” for its negligence in causing in whole or in part any injury to me.
C. EXPRESS ASSUMPTION OF RISKS. I expressly assume all risk of loss, damage, or injury occurring as a result of participating in boating, including the risk of “Grand Hotel’s” negligence.
D. PROMISE NOT TO SUE AND HOLD HARMLESS. I agree no lawsuit will be filed by me or on my behalf against the “Grand Hotel” as a result of my participation in boating. If I do file a lawsuit, I agree to pay any attorney fees, costs or judgments incurred by “Grand Hotel” even if the “Grand Hotel” is found negligent. I further agree to Indemnify “Grand Hotel” and hold it harmless for any damages, injuries, judgments, or lawsuits, including all attorneys’ fees and cost incurred by “Grand Hotel” as a result of my participation. I agree my obligations to indemnify and hold “Grand Hotel” harmless applies even if the “Grand Hotel” is negligent.
I understand this is a contract, which limits my legal right, and it is binding upon me, my heirs and legal representative. If portions of this agreement are invalid, it is agreed the remaining portions will remain intact and enforceable. By signing the Release of Liability the undersigned acknowledge she/he has fully read and understands the above and foregoing.
Signature of User:
September 30, 2020
MINORS- Prospective participants under the age of 18 years are required to have a parent or legal guardian read and also sign this Release.
The parent and the participant under 18 have read, understand and agree to comply with this release. By signing this document, the parent agrees to each of the provisions above, including indemnity and hold “Grand Hotel” its agents or employees harmless from any and all claims brought by the participant under 18 or resulting from the participant under 18's actions, whether “Grand Hotel”, it agents or employees are negligent or not.
Signature of Parent/Guardian: