I. DISCLAIMER—CAUTION!! READ BEFORE SIGNING
This Rental/Charter/Activity Agreement: Waiver and Release of Liability, Assumption of Risk, and Indemnity (“Rental/ Charter /Activity Agreement”) is applicable to all renters, operators, passengers, supervisors, and users of equipment provided by East Coast Sailboats d/b/a Sail OBX. *(For purposes of this Agreement, the term “Company” includes all employees, agents, representatives, servants, assigns, successors, insurers and subsidiaries of East Coast Sailboats d/b/a Sail OBX. The term “Customers” would be applicable to all renters, operators, passengers, supervisors, and users of equipment).
A. The undersigned agrees that he/she is also signing this Agreement on behalf of any minor children for whom he/she is the parent, guardian, or otherwise responsible for care, custody or control. Customer agrees that he/she will disclose to Company all potential operators, passengers, and users of said equipment. Customer further agrees that in the event that he/she fails to notify the Company of all potential operators, passengers, or users of said equipment, he/she will be personally liable for any damages to the undisclosed individuals, even if such damages arise out of the negligence or fault (excluding conduct worse than negligence such as gross negligence) of Company.
II. EXPRESS ASSUMPTION OF RISK
I acknowledge that the activity and using equipment has inherent risks that may lead to bodily injury or death. I further understand that I am not bound or required to participate in any of the activities presented to me, but I have willingly and voluntarily decided to participate. I realize that I am free to refuse to participate in any or all activities including those I feel uncomfortable with or which I feel cannot be completed safely by me. I knowingly and voluntarily assume all risk of injury, illness, damage or loss, both known and unknown, associated with the rental/charter operation or activities, riding on, use of the watercraft or associated equipment, even if arising from the negligence, act or omission (excluding conduct worse than negligence such as gross negligence) of Company, and assume full responsibility for my participation.
III. RELEASE / COVENANT NOT TO SUE
I hereby release and hold harmless Company 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, or caused by the negligence of Company or otherwise. This includes any injury, disability, death, or loss or damage to person or property sustained as a result of a hidden, latent or obvious defect on the watercraft or any of the equipment used, or any failure to properly instruct, supervise or train. As part of the consideration for using the chartered equipment, I promise not to sue or make a claim against the Company for any damage or loss suffered because of my participation in the activities. It is the intent of this Rental/Charter Agreement to fully and completely release Company from all claims, including claims for negligence (excluding claims for conduct worse than negligence such as gross negligence).
IV. INDEMNITY / LIABILITY TO THIRD PARTIES
I agree that I will defend, indemnify and hold harmless Company for all personal injuries, property damages, 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 the undersigned’s custody, care, and control, as a result of any and all activities related to the operation, or use of equipment provided by the Company, even if such damages arise out of the negligence or fault of the Company.
V. GENERAL TERMS AND CONDITIONS
I certify that I have received adequate and proper safety and operational instruction for the rental/charter or activity I am going to participate in from the Company. I agree not to use, nor permit the use of the equipment for (a) any unlawful purpose; (b) in a careless, reckless, or negligent manner; (c) while under the influence of alcohol and/or drugs; or (d) in violation of the safety instructions I received from the Company. This Agreement sets forth the entire agreement and understanding between the parties, and all previous discussions,
understandings, representations, negotiations, and agreements with respect to the matters included in this agreement are merged herein.
I expressly warrant and represent that before executing this Agreement I have fully informed myself of the terms, conditions and effect of this Agreement, and that I have relied solely on my own judgment in executing this document.
I have read the terms of this Agreement, including the provisions regarding Assumption of Risk, Release and Covenant not to sue, and Indemnity, and I understand that I am giving up substantial rights in consideration for my use or participation in activity, camp, rental, operators, passengers, supervisors, and users of equipment. I enter into this Agreement freely and voluntarily without any inducement.
Signature below indicates that you have read this entire document and agree to its terms and conditions.