This is a waiver and release of liability. Read this agreement carefully as it affects your legal rights.
Definitions: for purposes of this this agreement, the terms defined below shall have the indicated meanings:
“Passenger” means all persons who ride or otherwise use the boat or boat equipment.
Any singular defined term in this agreement shall be deemed to include the plural, and any plural term the singular. Any gender reference in this agreement shall be deemed to include all genders.
1. Safety: The undersigned agree that they shall use all equipment, including the pontoon boat, safety (life) vest, engine, gas tank, ropes, anchor, and safety whistle (hereinafter collectively referred to as the "equipment") only for the purpose of personal entertainment, with safety always in mind.
2. Release, Wavier and Indemnification: In consideration of being permitted to use the Pontoon Boat and Equipment, each of the undersigned, for himself, his agents and personal representatives, heirs, and next of kin HEREBY RELEASES, WAIVES, AND DISCHARGES PONTOON NASHVILLE, LLC AND AFC SOUTH, INC., AS WELL AS THEIR EMPLOYEES, AFFILIATES, AND OWNERS FROM ANY AND ALL LIABILITY TO THE UNDERSIGNED FOR ANY AND ALL LOSS OR DAMAGE, AND ANY CLAIM OR DEMANDS THEREFORE ON ACCOUNT OF INJURY TO PERSON OR PROPERTY ARISING OUT OF OR RELATED TO THE USE OR OPERATION OF THE PONTOON BOAT AND/OR EQUIPMENT, WHETHER CAUSED BY NEGLIGENCE OF THE AUTHORIZED DRIVER, PASSENGERS, OR OTHERWISE.
The Undersigned agrees to INDEMNIFY AND SAVE AND HOLD HARMLESS PONTOON NASHVILLE, LLC AND AFC SOUTH, INC., AS WELL AS THEIR EMPLOYEES, AFFILIATES, AND OWNERS FOR ALL LOSS, LIABILITY, DAMAGE AND EXPENSES, LOSS OF REVENUE AND REASONABLE ATTORNEY FEES, AS THE RESULT OF INJURY, DEATH, OR PROPERTY DAMAGE, ARISING FROM THE USE OR OPERATION OF THE PONTOON BOAT AND EQUIPMENT.
I HAVE READ THIS AGREEMENT IN ITS ENTIRETY, INCLUDING THE RELEASE, WAIVER, AND INDEMNIFICATION PROVISION, AND ENTER INTO IT VOLUNTARILY AFTER CAREFUL CONSIDERATION. I UNDERSTAND ITS TERMS. I UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT. I UNDERSTAND THAT IT IS BINDING UPON ALL PERSONS SIGNING BELOW, HIS OR HER PERSONAL REPRESENTATIVES, ASSIGNS, HEIRS, AND NEXT OF KIN, TO THE FULLEST EXTENT ALLOWED BY LAW.
3. Covenants Not to Sue: Each of the undersigned, on behalf of themselves, their personal representatives, heirs, and next of kin, promise not to sue or proceed in any manner, whether at law or otherwise, to institute any actions or proceedings, or consent to participate in such actions or proceedings, against Pontoon Nashville, LLC or AFC South, Inc., as well as their employees, affiliates, and owners because of or arising out of the use, or any events related to the use, of the boat or the equipment.
4. Photographs: I agree that any film or photographs of myself, as a participant on the boat, become your property and may be used for promotional or commercial purposes.
5. Complete Agreement: The terms of this agreement cannot be modified except in writing. If any part of this agreement is found by a Court or other appropriate authority to be invalid, the remainder of the agreement nevertheless shall be in full force and effect.
Today's Date: October 29, 2020