PARTICIPANT RENTAL AGREEMENT – WAVIER AND RELEASE OR LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY FOR PARTICIPANTS ONLY. I. DISCLAIMER
YOU MUST BE 21 YEARS OF AGE OR OLDER TO RENT OR OPERATE RENTAL BOAT. THIS RENTAL AGREEMENT: WAIVER AND RELEASE OF LIABILTY, ASSUMPTION OR RISK, AND INDEMNITY (“RENTAL AGREEMENT”) IS APPLICABLE TO ALL RENTERS, OPERATORS, PASSENGERS, AND USERS OF EQUIPMENT PROVIDED BY RENTAL COMPANY. *(FOR PURPOSES OF THUS WAIVER AND RELASE, THE TERM “RENTAL COMPANY” INCLUDES ALL EMPLOYEES AGENTS, REPERSENTATIVES, SEVANTS, ASSIGNS SUCCESSORS, INSURERS AND SUBSIDIARIES OF RENTAL COMPANY). THE UNDERSIGNED AGREES THAT HE/SHE IS ALSO SIGNING THE RELEASE ON BEHALF OF ANY MINOR CHILDREN FOR WHOM HE/SHE IS PARENT, GAURDIAN, OR OTHERWISE RESONPSIBLE FOR CARE, CUSTODY AND CONTROL. RENTER AGREES THAT HE/SHE WILL DISCLOSE TO RENTAL COMPANY ALL POTENTIAL OPERATORS, PASSENGERS, AND USERS OF SAID RENTAL EQUIPMENT. RENTER FURTHER AGREES THAT IN THE EVENT THAT HE/SHE FAILS TO NOTIFY RENTAL COMPANY OF ALL POTENTIAL OPERATORS, PASSENGERS, OR USERS OF SAID EQUIPMENT, HE/SHE WILL BE PERSONALLY LIABLE FOR ANY DAMAGES TO THE UNDISCLOSED INDIVIDUAL, EVEN IF SUCH DAMAGES ARISE OUT OF THE NEGLIGENCE OF FAULT OF RENTAL COMPANY. RENTAL COMPANY IS NOT RESPONSIBLE FOR ANY INJURIES OR DAMAGES TO UNDISCLOSED OPEREATORS AND PASSENGERS, AND UNDISCLOSED OPERATORS OR PASSENGERS ARE NOT ALLOWED TO USE ANY WATERCRAFT OR EQUIPMENT OF THE RENTAL COMPANY. II. EXPRESS ASUMPTION OF RISK – CAUTION!! READ BEFORE SIGNING
I ACKNOWLEDGE THAT THE OPERATION OR USE OF A WATERCRAFT 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 ACTIVITES PRESENTED TO ME, BUT HAVE WILLINGLY AND VOLUNTARILY DECIDED TO PARTICIPATE. I HAVE NO HEALTH RESTRICTIONS, WHICH WOULD PREVENT ME FROM PARTICIPATING IN ANY 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 OPERATION, OR USE OF THE WATERCRAFT OR ASSOCIATED RENTAL EQUIPMENT, EVEN IF ARISING FROM THE NEGLIGENCE, ACT, OR OMISSION OF RENTAL COMPANY. AND ASSUME FULL RESPONSIBILITY FOR MY PARTICIPATION. III. RELEASE OF LIABILITY – CAUTION!! READ BEFORE SIGNING
I HEREBY RELEASE AND HOLD HARMELESS RENTAL 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 PARENT, LEGAL GAURDIAN, OR OTHERWISE RESPONSIBLE, WHETHER CAUSED BY THE NEGLIGENCE OF RENTAL COMPANY OR OTHERWISE. THIS INCLUDES ANY INJURY, DISABILITY, DEATH, OR LOSS OR DAMAGE TO PERSON OR PROPERTY INCURRED 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. IV. COVENANT NOT TO SUE – CAUTION!! READ BEFORE SIGNING
AS PART OF THE CONSIDERATION FOR USING THE CHARTERED EQUIPMENT, I PROMISE NOT TO SUE OR MAKE A CLAIM AGAINST RENTAL COMPANY FOR ANY DAMAGE OR LOSS SUFFERED AS A RESULT OF MY PARTICIPATION IN THE RENTAL ACTIVITIES. IT IS THE INTENT OF THIS RENTAL AGREEMENT TO FULLY AND COMPLETLEY RELEASE RENTAL COMPANY FROM ALL CLAIMS. V. LIABILITY TO THIRD PARTIES – CAUTION!! READ BEFORE SIGNING
I AGREE THAT I WILL INDEMNIFY AND HOLD HARMLESS RENTAL 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 RENTAL, OPERATION, OR USE OF EQUIPMENT PROVIDED BY RENTAL COMPANY. EVEN IF SUCH DAMAGES ARISE OUT OF THE NEGLIGENCE OR FAULT OR RENTAL COMPANY. VI. RENTERS CONSENT TO PAYMENT OF RENTAL WATERCRAFT LOSSES AND DAMAGES (FOR PRIMARY RENTER ONLY) VII. GENERAL TERMS AND CONDITIONS (FOR PRIMARY RENTER OR PERSON IN CHARGE ONLY)
I CERTIFY THAT I HAVE RECEIVED ADEQUATE AND PROPER SAFETY AND OPERATIONAL INSTRUCTIONAL INSTRUCTION FOR THE EQUIPMENT AND WATERCRAFT RENTED FROM RENTAL COMPANY AND AM CAPABLE IN ALL ASPECTS OF THE HANDLING AND OPERATION OF SUCH EQUIPMENT AND WATERCRAFT AND FOLLOWING ALL SAFETY INSTRUCTIONS. I AGREE NOT TO USE NOR PERMIT THE USE OF THE EQUIPMENT (A) FOR ANY UNLAWFUL PURPOSE; (B) IN A CARELESS, RECKLESS, OR NEGLIGENT MANNER; (C) WHILE UNDER THE INFLUENCE OF ALCOHOL AND/OR DRUGS; (D) TO CARRY PASSENGERS OR PROPERTY IN EXCESS OF THE CRAFT’S RATED CAPACITY; (E) IN A RACE OR COMPETITION; OR (F) IN VIOLATION OF THE INSTRUCTIONS I RECEIVED FROM RENTAL COMPANY. THIS AGREEMENT SETS FORTH THE ENTIRE AGREEMENT AND UNDERSTANDING BETWEEN THE PARTIES, AND ALL PERVIOUS DISCUSSIONS, UNDERSTANDINGS, REPRESENTATIONS, NEGOTIATIONS, AND AGREEMENTS WITH RESPECT TO THE MATTERS INCLUDED IN THIS AGREEMENT AMD MERGED HEREIN. ADDITIONALLY, THE CONSIDERATION RECITED HEREIN IS THE FULL, COMPLETE AND ENTIRE CONSIDERATION FOR THIS AGREEMENT, AND THERE IS NO FURTHER CONSIDERATION TO BE PAID BY ANY PART TO ANY OTHER PARTY OTHER THAN AS RECITED HEREIN. IF ANY PROVISION OR PART OF A PROVISION OF THIS AGREEMENT SHALL BE DETERMINED TO BE VOID OR UNENFORCEABLE BY A COURT OF COMPETENT JURISDICTION, THE REMAINDER OF THE AGREEMENT SHALL REMAIN VALID AND ENFORCEABLE BY ANY PARTY. THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED UNDER THE LAWS OF THE STATE OF GEORGIA IN THE EVENT RENTAL COMPANY PREVAILS IN ANY LITIGATION OR CLAIM RELATING TO THE ENFORCEMENT OF THE PROVISIONS CONTAINED HEREIN, I AGREE TO PAY AND INDEMNIFY RENTAL COMPANY FOR ITS LITIGATION EXPENSES, INCLUDING REASONABLE LEGAL FEES AND COURT COSTS. ANY SUIT OR DISPUTE MUST BE PURSUED THOUGH ARBITRATION IN TOWNS COUNTY INSTEAD OF THROUGH THE COURTS. I EXPRESSLY WARRANT AND REPRESENT THAT BEFORE EXECUTING THIS AGREEMENT I HAVE FULLY INFORMED-MYSELF OF THE TERMS, CONDITIONS AND EFFECT OF THE AGREEMENT, AND THAT I HAVE REILED SOLELY ON MY OWN JUDGEMENT IN EXECUTING THE DOCUMENT. I HAVE READ THE TERMS OF THIS RENTAL AGREEMENT, WAIVER AND RELEASE OF ALL CLAIMS INCLUDING THE PROVISIONS REGARDING ASSUMPTION OF RISK, RELEASE OF LIABILITY, DISCLAIMER OF GIVING UP SUBSTANTIAL RIGHTS IN CONSIDERATION FOR MY USE IF RENTAL COMPANY’S WATERCRAFT AND EQUIPMENT. I ENTER INTO THIS AGREEMENT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT. I AGREE TO ASSUME REPONSIBILITY, EVEN THOSE RISKS ARISING OUT OF NEGLIGENCE BY RENTAL COMPANY, OTHER PASSENGERS, RIDERS, AND/OR ALL PARTICIPANTS ON THE WATERCRAFT. MY AND OUR PARTICIPATION IN THE ACTIVITY IS PURELY VOLUNTARY. I ASSUME FULL RESPONSIBILITY FOR MYSELF AND ALL PASSENGERS ON THE WATERCRAFT, INCLUDING ANY MINOR CHILDREN, FOR ANY BODILY INJURY, ACCIDENT, ILLNESS, PARALYSIS, DEATH OR LOSS OF PERSONAL PROPERTY EVEN IF CAUSED, IN WHOLE OR IN PART, BY THE NEGLIGENCE OR OTHER FAULT OF PASSENGERS, RIDERS, GUESTS AND OTHER PASSENGERS ON THE WATERCRAFT AND EVEN IF CAUSED, IN WHOLE OR IN PART BY THE NEGLIGENCE OR OTHER FAULT OF THE RENTAL COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUBSIDIARIES, LEGAL REPRESENTATIVE AND ASSIGNS (COLLECTIVELY THE “RELEASEES”). I EXPRESSLY WARRANT AND REPRESENT THAT BEFORE EXECUTING THIS AGREEMENT I HAVE FULLY INFORMED-MYSELF OF THE TERMS, CONDITIONS AND EFFECT OF THE AGREEMENT, ANDTHAT I HAVE REILED SOLELY ON MY OWN JUDGEMENT IN EXECUTING THE DOCUMENT. CAUTION!!! READ THIS ENTIRE DOCUMENT BEFORE SIGNING. THIS DOCUMENT AFFECTS YOUR LEGAL RIGHTS AND RELEASES ALL LIABILITY AGAINST RENTAL COMPANY. SIGNATURE BELOW INDICATES THAT YOU HAVE READ THIS ENTIRE DOCUMENT AND AGREE TO IT'S TERMS AND CONDITIONS AND ARE SIGNING THIS DOCUMENT ON BEHALF OF ALL THE OPERATORS/PASSENGERS AS LISTED BELOW. FURTHERMORE, ANY PASSENGERS/OPERATORS NOT LISTED ON THIS DOCUMENT. OPERATORS/PASSENGERS; ALL OPERATORS MUST SIGN THE PRIMARY RENTERS WAIVER AND BE PRESENT FOR SAFETY AND OPERATIONAL INSTRUCTIONS. ALL PASSENGERS MUST SIGN THE PARTICIPANTS WAIVER. |