CHILDREN 12 AND UNDER MUST WEAR A LIFE JACKET AT ALL TIMES AND BE PHYSICALLY SUPERVISED BY AN ADULT OVER THE AGE OF 18 ON THE DOCK SYSTEM AND ANY AND ALL WATERCRAFT. Motor Boat/Kayak/Paddle Board/ Watercraft Rental Agreement I accept financial responsibility for the use of the boat/kayak/paddle board/watercraft and/or equipment provided and accept full responsibility for its care. I have made no misrepresentation to PETRABELLA, INC. /BIG ROCK RESORT regarding the age of the boat operator/driver or the intended use of the watercraft and equipment. I agree that no one under 18 shall operate/drive any motorized boat rented/used from PETRABELLA, INC. /BIG ROCK RESORT. I agree that no one under 21 shall operate/drive any Pontoon Boat rented/used from PETRABELLA, INC. /BIG ROCK RESORT. I agree that no child under the age of 14 shall operate a non-motorized watercraft rented/used from PETRABELLA, INC. /BIG ROCK RESORT without the physical supervision of an adult 18 years or older for any length of time. *NO REFUNDS DUE TO WIND, WEATHER OR SAD STORY.
*BEACHING OF BIG ROCK RESORT BOATS IS STRICTLY PROHIBITED. Release of Liability Agreement and Legal Waiver (Please read carefully before signing -- this is a release of liability and waiver of certain legal rights) In consideration for me being permitted to participate in the activities of boating/fishing at Big Rock Resort, I represent that I have read, understand, and agree to the following Waiver and Release: I acknowledge/understand that fishing/boating has inherent risks, hazards, and dangers that cannot be eliminated, particularly in a wilderness environment. I UNDERSTAND THAT THESE RISKS, HAZARDS, AND DANGERS INCLUDE WITHOUT LIMITATION: - Water hazards in boating/wading/swimming in a lake can result in drowning;
- Trip hazards in Hiking/Walking/Running in rugged terrain;
- Walking/Running hazards on Dock System including but not limited to trip and fall, injury and drowning;
- Injuries from fishing equipment and other participants;
- Encounters and/or injury with wildlife, animals, and insects;
- Inclement weather conditions including temperature extremes including freezing temperatures and extreme sunburn due to high altitude sun exposure;
- Unavailability of immediate medical attention in a remote location in the case of injury.
I understand the risks, hazards, and dangers of fishing/boating and I have had the opportunity to discuss the risks/hazards/dangers with PETRABELLA, INC. /BIG ROCK RESORT. I understand that these activities may require good physical conditioning and a degree of skill and knowledge. I believe I have good physical conditioning and the degree of skill and knowledge necessary for me to engage in these activities safely. I understand that I have personal responsibilities. My participation in this activity is purely voluntary. No one is forcing me to participate and I elect to participate in spite of the risks. I AM VOLUNTARLLY USING THE SERVICES OF PETRABELLA, INC. / BIG ROCK RESORT with FULL KNOWLEDGE OF THE INHERENT RISKS, HAZARDS AND DANGERS INVOLVED AND HERBY ASSUME AND ACCEPT ANY AND ALL RISKS OF INJURY, DROWNING, PARALYSIS OR DEATH. In addition, I, for myself, my heirs, successors, executors and subrogees hereby KNOWINGLY AND INTENTIONALLY WAIVE AND RELEASE PETRABELLA, INC / BIG ROCK RESORT and the USDA-FS., their directors, officers, agents, employees, contractors and volunteers from and against any and all claims, actions, causes of action, liabilities, suits, expenses (including reasonable attorneys’ fees) which are related to, arise out of, or are in any way connected with my participation in this activity including, but not limited to, NEGLIGENCE of any kind or nature, including BOTH ACTIVE AND PASSIVE NEGLIGENCE OF PETRABELLA, INC / BIG ROCK RESORT and the USDA-FS., whether foreseen or unforeseen, arising directly or indirectly out of any damage, loss, injury, paralysis, drowning or death to me or my property as a result of my engaging in these activities or the use of these services or equipment, or from some other cause. Further, I, for myself, my heirs, successors, executors and subrogees, hereby KNOWINGLY AND EXPRESSLY AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS PETRABELLA, INC / BIG ROCK RESORT and the USDA-FS., their directors, officers, agents, employees, contractors and volunteers from and against any and all claims, actions, causes of action, liabilities, suits, expenses (including reasonable attorneys’ fees) which are related to, arise out of, or are in any way connected with my participation in this activity including, but not limited to, NEGLIGENCE of any kind or nature, including BOTH ACTIVE AND PASSIVE NEGLIGENCE OF PETRABELLA, INC / BIG ROCK RESORT and the USDA-FS., whether foreseen or unforeseen, arising directly or indirectly out of any damage, loss, injury, paralysis, drowning or death to me or my property as a result of my engaging in these activities or the use of these services or equipment, or from some other cause. Lastly, I, for myself, my heirs, my successors, executors, and subrogees, expressly agree not to sue PETRABELLA, INC. / BIG ROCK RESORT and USDA-FS as a result of any loss, injury, paralysis, drowning or death suffered in connection with my use and participation in the activities of BOATING/FISHING/USING BIG ROCK RESORT PROPERTY. I HAVE CARFULLY READ, CLEARLY UNDERTAND, AND VOLUNTARILY SIGN THIS WAIVER AND RELEASE AGREEMENT. THIS AGREEMENT IS VALID FROM THE DATE OF SIGNING UNTIL THE END OF THE SEASON ON NOVEMBER 15th OF THE YEAR THIS DOCUMENT HAS BEEN SIGNED. Today's Date: March 5, 2021 |