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Waiver and Release Form

LIABILITY WAIVER. I, the undersigned, for myself and my child(ren) and/or ward(s), understand that Boat MKE, LLC (“Company”) and its respective affiliates, owners, officers, employees, representatives, volunteers, and agents will do their best to prevent participants from sustaining bodily injury, harm, or damage to property. I acknowledge that neither Company nor its respective affiliates, owners, officers, employees, representatives, volunteers, and agents are responsible for the conduct of other persons, or for weather or water conditions. I acknowledge that I am not required to participate in any of the activities presented to me, but that I have willingly and voluntarily decided to participate.

Lessee agrees that the Leased Equipment has been received in good condition and represents and warrants that it will be returned in the same condition, notwithstanding ordinary wear and tear.

 

Lessee understands and acknowledges that the activity to be engaged in through Lessor’s lease of the Leased Equipment brings with it both known and unanticipated risks that could result in property damage, physical or emotional injury, paralysis, death or other damage or injury to Lessee, its guests, its invitees or third parties.  Lessee understands that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity. Those risks include, but are not limited to falling, slipping, crashing and colliding.

 

Lessee agrees to release, forever discharge and hold harmless Lessor for any injuries, damages or claims that result from Lessee’s negligence; including any injuries, claims or damages asserted by Lessee’s guests, invitees or third parties.  Lessor agrees to release, forever discharge and hold harmless Lessee for any injuries, damages or claims that are the direct result of Lessor’s negligence; including injuries, claims or damages resulting from defective Leased Equipment or improper assembly or installation of the Leased Equipment.

 

Lessee agrees to supervise both the Leased Equipment and its use at all times the Leased Equipment is in the possession of Lessee.  Lessee agrees to follow the directions and safety rules as posted on the Leased Equipment or as otherwise provided to Lessee by Lessor.

 

Lessee acknowledges and represents that it has adequate homeowner's insurance, tenant insurance, or other liability insurance to cover any bodily injury or property damage which might occur to itself, its guests or its invitees from the use of the unit being rented or else lessee agrees to bear the costs of defense and liability of any such injury or damage itself.

 

Lessee agrees not to remove the Leased Equipment from the location on which Lessor has assembled or installed it.  Lessee further agrees not to disassemble or uninstall the Leased Equipment or to assemble or install the Leased Equipment.

 

Lessee grants Lessor right to enter Lessee’s property for the delivery, pick-up or repossession of the Leased Equipment.  Lessee agrees not to loan, sublet or otherwise dispose of the Leased Equipment.

 

In the event that Lessee files a cause of action against Lessor, Lessee agrees to do so solely in the state of Michigan, and further agrees that the substantive law of that state shall apply in that action without regard to the conflict of law rules of that state.  

 

Lessee agrees that if any portion of this Contract is found to be void or unenforceable, the remaining portion shall remain in full force and effect.

 

Lessee acknowledges that sufficient time and opportunity were had to read this entire Contract, and understands its content and is executing it freely, intelligently and without duress of any kind and agrees to be bound by its terms.

I acknowledge that the operation or use of Company’s services entails inherent risks that may lead to property damage, bodily injury or death. Those risks include, but are not limited to, injuries and damages resulting from (i) the ordinary negligence or omission of Company and its respective affiliates, owners, officers, employees, representatives, volunteers or agents, (ii) the negligence of guests, visitors, or persons who may be present at or using Company’s services or engaging in Company activities, (iii) falls, slips, collisions or other such accidents that occur while participating in the activities of Company or using or operating Company’s equipment (including watercraft operated by Company) (iv) the misuse or failure of equipment or tools (including watercraft operated by Company), (v) the negligence or lack of adequate training of Company owners, employees, representatives, volunteers, or agents who seek to assist with medical or other help either before or after injuries have occurred.

I agree to release from all liability, discharge and promise not to take legal action against Company, or its respective affiliates, owners, officers, employees, representatives, volunteers, and agents. I further agree to release from all liability, discharge and promise not to take legal action against the owner of any equipment or tools (including watercraft) used by the Company (“Owner”). I agree to release the aforementioned persons and entities from any liability to me, my heirs, my next of kin, assigns or personal representatives, for any losses, damages, claims or demands arising out of my death, injuries or damages to property, even if their individual or collective negligence contributes to such death, injuries or damages. I further agree to release, indemnify and hold harmless Company, Owner and their respective affiliates, owners, officers, employees, representatives, volunteers, and agents from all liability, claims, demands or causes of action for any injury, disability, death, or loss or damage to person or property sustained by me and/or any minor children for whom I am a parent, legal guardian, or otherwise responsible, whether caused by the negligence of such persons or entities. I agree that I will defend, indemnify and hold harmless Company, Owner and their respective affiliates, owners, officers, employees, representatives, volunteers or agents for all personal injuries, property damage, or any other damages to any and all third parties, including, but not limited to, operators and passengers of other watercraft and minor children under my custody, care, and control, as a result of any and all activities related to my engagement in Company activities, or use of Owner’s equipment or tools (including watercraft), even if such damages arise out of the negligence or fault of Company, Owner or their respective affiliates, owners, officers, employees, representatives, volunteers, and agents.

I acknowledge that the Company’s activities may involve the consumption of alcohol by me or others. I understand that the legal drinking age is twenty-one (21), and that if I am under the age of twenty-one (21), I am prohibited from consuming alcohol. I represent and warrant that my date of birth, written below, is true and correct. I fully understand the potential risks and damages associated with the consumption of alcohol by me, and am aware that such risks include injury to person or property and even death. I understand that the Company does not require me to consume alcohol to participate in or use the services of the Company. I hereby elect to voluntarily participate in the consumption of alcohol and agree to release, indemnify and hold harmless Company, Owner and their respective affiliates, owners, officers, employees, representatives, volunteers, and agents from all liability, claims, demands or causes of action for any injury, disability, death, or loss or damage to person or property sustained by me in connection with my consumption of alcohol.

FOR PERSONS UNDER THE AGE OF EIGHTEEN OR PARENTS/GUARDIANS OF MINOR CHILD/WARD . I am under the legal drinking age, or I am the parent or legal guardian of a minor child or ward who is under the legal drinking age. I understand that I am, (or my minor child or ward is) prohibited from consuming alcohol. I understand that I am personally responsible for my conduct and/or the conduct of my minor child or ward. I agree not to consume alcohol (or permit my minor child or ward to consume alcohol) while participating in the Company’s activities or while located on or around the Company’s property (including watercraft). I understand that the Company reserves the right to terminate the activities and remove me from its property (including watercraft) at any time if I (or my child/ward) is observed consuming alcohol in violation of application laws. I agree that I will defend, indemnify and hold harmless Company, Owner and their respective affiliates, owners, officers, employees, representatives, volunteers or agents for any and all losses incurred in connection with my violation of this paragraph, including (but not limited to) any fines incurred by such persons for my violation of this paragraph and including (but not limited to) any special or consequential damages arising from my violation of this paragraph.

ACKNOWLEDGEMENT :

I acknowledge and agree that I am eighteen (18) years of age or older, or that I am the parent or legal guardian of a minor child or ward, and am authorized to execute this waiver on behalf of my child or ward. I freely and voluntarily assume complete personal responsibility for all risks and for death, injury or damage that may occur to me, or my child or ward, or my, or my child’s or ward’s property as a result of these risks even if such death, injury or damage occurs in a manner that is not foreseeable at this time. I realize that by voluntarily assuming the risks involved, I will be solely responsible for my, injury or damage, or injury or damage sustained by my child or ward.

LIFE PRESERVER. I acknowledge that I (and the children or wards in my care) have received life preservers and understand how they are used. I acknowledge that I (and the children or wards in my care) have been encouraged by the Company to where a life preserver during the duration of my/our participation in the Company’s activities. If I (or the children or wards in my care) do not wear a life preserver throughout the duration of my/our participation in the Company’s activities, I/we do so voluntarily and at our own risk, and agree to indemnify and hold the Company from all liability resulting from my/our injury or loss of life.

ACKNOWLEDGEMENT:

LIKENESS RELEASE. I, the undersigned, hereby consent to having my picture taken and likeness recorded in connection with the Company’s website, social media, educational and marketing publications. I give the Company and it successors and assignees, the right to use, reproduce, publish or distribute my name, likeness, photograph(s), voice and biographical material about me for educational, publication or marketing purposes without any compensation to me. I understand that the Company shall have total and exclusive control over the use of my name, likeness, photograph(s), voice and biographical material about me for the purposes stated herein, and I waive any right to inspect or approve any proposed publication, in any medium. I agree that the use of my name, likeness, photograph(s), voice and biographical material about me by the Company confers upon me no rights to use, ownership or copyright. I release the Company and its owners, directors, officers, employees, agents, contractors (including photographers and videographers) and assigns from all liability which may arise from any and/or all claims by me or any third party in connection with the use and/or publication of my name, likeness, photograph(s), voice and biographical material about me. I acknowledge and agree that I am eighteen (18) years of age or older, or that I am the parent or legal guardian of a minor child and am authorized to execute this release on behalf of my child or ward. I have read this release thoroughly and understand its terms. I acknowledge and agree that no representation has been made by the Company and relied upon by me as to my future income, expenses, sales volume, or potential profitability of future success that may be derived from the use of my name, likeness, photograph(s), voice and biographical material about me.

I have read this Waiver and Release thoroughly and understand its terms. My, or my child’s or ward’s, participation in Company’s activities of Boat MKE LLC, my, or my child’s, use or operation of Owner’s equipment or tools (including watercraft), and my execution of this Waiver and Release are all purely voluntary and I elect to do so in spite of the risks.

 

First Participant's Name

First Name*

Last Name*
First Participant's Date of Birth*
I certify that I am 18 years of age or older
First Participant's Signature*
Second Participant's Name

First Name*

Last Name*
Second Participant's Date of Birth*
Third Participant's Name

First Name*

Last Name*
Third Participant's Date of Birth*
Fourth Participant's Name

First Name*

Last Name*
Fourth Participant's Date of Birth*
Fifth Participant's Name

First Name*

Last Name*
Fifth Participant's Date of Birth*
Sixth Participant's Name

First Name*

Last Name*
Sixth Participant's Date of Birth*
Seventh Participant's Name

First Name*

Last Name*
Seventh Participant's Date of Birth*
Eighth Participant's Name

First Name*

Last Name*
Eighth Participant's Date of Birth*
Ninth Participant's Name

First Name*

Last Name*
Ninth Participant's Date of Birth*
Tenth Participant's Name

First Name*

Last Name*
Tenth Participant's Date of Birth*
Parent or Guardian's Email Address

Email*

Confirm Email*
Check to receive information, news, and discounts by e-mail.
Parent(s) or court-appointed legal guardian(s) must sign for any participating minor (those under 18 years of age) and agree that they and the minor are subject to all the terms of this document, as set forth above.
Parent or Guardian's Name

First Name*

Last Name*
Parent or Guardian's Date of Birth*
I certify that I am 18 years of age or older
Parent or Guardian's Signature*
Electronic Signature Consent*
By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.


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