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PONTOON NASHVILLE, LLC

Liability Waiver

This waiver should be signed by all people who will ride or otherwise use the boat or boat equipment during the reservation.

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:

1. “Authorized Driver” means any driver or operator of the boat that meets the requirements set forth below.

2. “Renter” means the person(s) who shall pay for the boat, equipment, and services of Pontoon Nashville, LLC.

3. “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.

By signing this Rental Agreement, you represent that the Authorized Driver has extensive boating experience and understanding of the boating laws and regulations by the State of Tennessee.

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: September 20, 2019

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
Check to receive information, news, and discounts by e-mail.
A signed copy of this waiver will be sent to the email address you provide.
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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