JUPITER OUTDOOR CENTER, INC.
RENTAL AGREEMENT AND RELEASE OF LIABILITY AND WAIVER
PLEASE NOTE THAT ANY EQUIPMENT NOT RETURNED TO ORIGINAL STARTING POINT (UNLESS PRIOR ARRANGEMENTS HAVE BEEN MADE) WILL INCUR A $100 FEE PER BOAT
ANY BOAT RETURNED AFTER 5:00 PM CLOSING WILL INCUR A $50 LATE FEE
PLEASE READ THIS RELEASE OF LIABILITY AND WAIVER FORM CAREFULLY BEFORE SIGNING
I understand that outdoor recreational activities involve inherent risk, and I may be exposed to dangers and hazards, known and unknown, including, but not limited to the following: falls, fractures, concussions, dangerous weather, overexertion, overheating, injuries from my lack of fitness or conditioning, sunburn, dehydration, lightning and rapid weather change, unpredictable ocean and river currents and conditions, hypothermia, hostile or aggressive wildlife, dangerous plant life, bacteria, amoebas, and marine life forms, drowning, death, equipment failures, and negligence of JOC or others.
By signing this document, YOU ARE EXPRESSLY AGREEING TO HAVE KNOWLINGLY, FULLY AND TOTALLY RELEASED Jupiter Outdoor Center, Inc, its agents and employees (referred to as “JOC”) and Palm Beach County, its agents, employees and elected officials (hereinafter together with JOC referred to as the “the Released”) FROM ANY AND ALL CLAIMS, INCLUDING ACTIVE OR PASSIVE NEGLIGENCE BUT EXCLUDING GROSS NEGLIGENCE AND/OR INTENTIONAL MISCONDUCT, arising out of any act, omission, or condition existing prior to the signing of the agreement, and extending to include any act, omission, or condition in any way connected with your participation in (including transit to and from) these water sports activities, occurring at any point in the future from the activities in which you are about to engage. THIS WAIVER AND RELEASE OF LIABILITY IS EXPRESSLY PROVIDED TO EXCULPATE THE RELEASED FROM THOSE LIABILITIES WHICH ARE SEPARATE FROM AND IN ADDITION TO THE POTENTIAL LIABILITIES CREATED BY THE RISKS INHERENT IN WATER SPORTS PARTICIPATION. Furthermore, by initialing and signing this waiver below, you are binding your spouse, heirs, assigns, and any similarly situated personal or legal representative to the waiver’s terms.
I HEREBY ASSUME FULL RESPONSIBILITY FOR ANY RISK OF BODILY INJURY, DEATH OR PROPERTY DAMAGE DUE TO THE NEGLIGENCE OF THE RELEASED.
By executing this WAIVER below, you are further agreeing to hold harmless and to indemnify the Released against any and all claims, demands, losses, damages, causes of action, judgments, costs, expenses, attorneys’ fees, and other liabilities, including those from third parties, arising out of or relating to your participation in any water sports and/or presence upon the property on which they are located, even if caused by the active or passive negligence of the Released, but excluding any gross negligence or intentional misconduct. By agreeing to indemnify the Released for the acts, occurrences, and expenses as contained within this subsection you are knowingly and voluntarily agreeing that you may be required to reimburse or provide the cost of a legal defense or representation for the Released for any expenses or actions it has to take arising out of your participation in these water sports activities.
I agree that the use of equipment furnished by JOC constitutes an acceptance of said equipment on a lease basis “As Is” and agree to return all rental equipment in its present condition, with the exception of ordinary wear and tear. I further agree to utilize the life preserver provided by JOC and to only participate in the outdoor activities if I and my entire party uses the life preservers as instructed by JOC, acknowledging that the proper use thereof is our responsibility. I agree to reimburse JOC the retail replacement value of any equipment that is damaged during my use.
I understand that I may be photographed or videotaped. To the fullest extent allowed by law, I waive all rights of publicity or privacy or pre-approval that I have for any such likeness of me or use of my name in connection with such likeness, and I grant to JOC and its assigns permission to copyright, use, and publish (including by electronic means) such likeness of me, whether in whole or part, in any form, without restrictions, and for any purpose.
This Agreement shall be governed by and construed in accordance with the domestic substantive laws of the State of Florida without giving effect to any choice or conflict of law provision or rule that would cause the application of the domestic substantive laws of any other jurisdiction. Each of the parties agrees that all actions, suits or proceedings arising out of or based upon this Agreement or the subject matter hereof shall be brought and maintained exclusively in the federal and state courts of the State of Florida located in the County of Palm Beach. Each of the parties hereto by execution hereof hereby irrevocably submits to the jurisdiction of the federal and state courts in the State of Florida located in the County of Palm Beach, for the purpose of any action, suit or proceeding arising out of or based upon this Agreement or the subject matter hereof. Each of the parties hereto hereby consents to service of process in any such suit, action or proceeding in any manner permitted by the laws of the State of Florida. The provisions of this section shall not restrict the ability of any party to enforce in any court any judgment obtained hereunder.
I AGREE to return to the starting point by time of closing or be charged a $50 late fee. If I fail to paddle my boat back to the starting point, I will be charged the rental fee plus $100 per boat.
Waiver of Liability Relating to Coronavirus/COVID-19
The novel coronavirus (“COVID-19”) has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious and is believed to spread mainly from person-to-person contact. As a result, federal, state, and local governments and federal and state health agencies recommend social distancing and have, in many locations, prohibited the congregation of groups of people. Jupiter Outdoor Center, Inc. has put in place preventative measures to reduce the spread of COVID-19; however, we cannot guarantee that you will not become infected with COVID-19. Further, attending any program or activity at Jupiter Outdoor Center, Inc. could increase your risk of contracting COVID-19.
By signing this agreement, I acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that I may be exposed to or infected by COVID-19 while participating in activities at Jupiter Outdoor Center, Inc. and that such exposure or infection may result in personal injury, illness, permanent disability, and death. I understand that the risk of becoming exposed to or infected by COVID-19 at Jupiter Outdoor Center, Inc. may result from the actions, omissions, or negligence of myself and others, including, but not limited to, Jupiter Outdoor Center, Inc. employees, volunteers, and program participants and their families.
I voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to myself (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind, (“Claims”) that I may experience or incur in connection with my attendance at Jupiter Outdoor Center, Inc. On my behalf, I hereby release, covenant not to sue, discharge, and hold harmless Jupiter Outdoor Center, Inc., its employees, agents, and representatives, of and from all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto. I understand and agree that this release includes any Claims based on the actions, omissions, or negligence of Jupiter Outdoor Center, Inc., its employees, agents, and representatives, whether a COVID-19 infection occurs before, during, or after attending any Jupiter Outdoor Center, Inc. program or activity.