The activities at Red Beard Boats, LLC, are risky. Although many before you have participated unscathed, severe injury or death is possible. This Agreement affects your legal rights. You must read and understand it before initialing and signing it.
The undersigned, in consideration of the services provided by Red Beard Boats, LLC, and the right to engage in the Activities, on behalf of Participant, and Participant's heirs, assigns, personal representatives and estates agrees as follows:
"Activities" or "Activity" means all activities undertaken by Participant while on board boats owned and/or operated by Red Beard Boats, LLC, or while using Equipment rented from Red Beard Boats, LLC, including but not limited to: waterskiing; wakeboarding; wakeskating; kneeboarding; swimming; wakesurfing; boat riding; boat driving; kayaking, canoeing, jet ski riding; jet ski driving; swimming; spectating; transportation provided by the Released Parties to and from water access; and assisting in the foregoing activities.
"Agreement" means this Participation Agreement.
"Equipment" means boats, kayaks, canoes, knee boards, skis, wake boards, life jackets, tow ropes, tubes, and any other water sports equipment rented from Red Beard Boats, LLC.
"Media" means any audio recording, photograph, tape, film, video, digital or other media.
"Participant" means the Participant identified above, and, if the Participant is under age 18, also includes the Parent(s) or Guardian(s) of the Participant, who by signing this Agreement are signing on their behalf and on behalf of any minor Participant.
"Parent(s) or Guardian(s)" means the natural or adoptive parent(s) or legal guardian(s) of a minor Participant.
"Released Parties" means Red Beard Boats, LLC, and any of its owners, subsidiaries, affiliates, partners, members, managers, shareholders, directors, officers, agents, or employees and their heirs, successors and assigns.
ACKNOWLEDGMENT OF RISKS: Participant understands that the Activities bear risks which could result in injury, death, illness, disease, or physical or mental damage to Participant, other persons or property. These risks include, but are not limited to the following:
1. The risks which are inherent in the Activities, including falls and collisions with terrain and terrain features, walls, floors, structures, Equipment, devices, underwater terrain, underwater objects, or persons.
2. The acts or omissions or negligence in any degree of the Released Parties, Participants or others.
3. Defects or conditions in Equipment supplied by Released Parties, Participants or others.
4. Failure to properly fit, adjust, attach or use Equipment.
5. The condition of the waterways being used, and the Equipment and devices.
6. Participant's physical condition and skill level.
7. First aid, emergency treatment or other services rendered by Released Parties or others.
8. Consumption of any food or drink, whether or not provided by Released Parties or others
9. Environmental hazards, including those associated with untreated water.
10. Drowning. No lifeguard is on duty.
11. Allergic reactions to materials and substances located or used in the Equipment and devices.
ACCEPTANCE OF RISK AND RESPONSIBILITY: Participant agrees to accept and assume all responsibilities and risk for injury, death, illness, disease, physical or mental damage to Participant, or other persons or property arising from Participant's Activities.
MEDICAL CARE, PARTICIPANT INSURANCE BENEFITS AND REPRESENTATION OF PHYSICAL CONDITIONS: Participant understands that Red Beard Boats, LLC, does not provide medical or accident insurance benefits for Participant during the Activities. Participant has sufficient health, accident, and personal liability insurance to cover any bodily injury or property damage that Participant or others may suffer as a result of Participant's Activities or Participant has the financial resources to personally pay for any such expenses or liability. Participant is not suffering from any condition, disease or disablement which could potentially affect safe participation in the Activities. Participant gives consent to Released Parties and medical personnel to obtain or administer on Participant's behalf, first aid and emergency medical treatment in case of sickness, accident or injury Participant may suffer while using the Equipment and to secure medical care at Participant=s expense and to make decisions concerning medical care if Participant is unable to do so or if in the case of a minor Participant, a Parent or Guardian is unavailable. Participant gives consent for drug and alcohol testing to be performed in the event of any accident or during the course of any medical care or treatment for Participant.
MEDIA LICENSE: Participant irrevocably grants Red Beard Boats, LLC, a royalty free worldwide license to record and use Participant's likeness and/or voice on Media, to edit, use and release such Media for any purpose and in any manner at any time and to use such likeness, voice and biographical and other information concerning Participant in connection with the use of the Media. Participant releases Red Beard Boats, LLC, and anyone using the Media from any and all claims, damages, liabilities costs and expenses which Participant now has or may later have by reason of any use of this license.
RELEASE: Participant releases and forever discharges and covenants not to sue or make any claim against any of the Released Parties (either directly or as a third party defendant), from or for any and all liability, claims, demands, actions or rights of action, which are related to, arise out of, or are in any way connected with Participant's participation in the Activities or Participant's use or misuse of any part of Released Parties' Equipment or property, including, but not specifically limited to any and all negligence, fault or strict liability of any of the Released Parties for any and all injury, death, illness or disease, and damage to Participant, Participant's property, other persons or their property. PARTICIPANT FULLY RECOGNIZES THAT IF ANYONE IS HURT OR DIES, OR PROPERTY IS DAMAGED WHILE PARTICIPANT IS ENGAGED IN THE ACTIVITIES, PARTICIPANT WILL HAVE NO RIGHT TO MAKE A CLAIM OR FILE A LAWSUIT AGAINST ANY OF THE RELEASED PARTIES EVEN IF ANY OF THE RELEASED PARTIES NEGLIGENTLY CAUSED THE BODILY INJURY OR PROPERTY DAMAGE.
INDEMNITY: PARTICIPANT AGREES TO INDEMNIFY, HOLD HARMLESS, AND DEFEND RELEASED PARTIES FROM AND AGAINST ANY AND ALL CLAIMS, SUITS, LIENS, JUDGMENTS, DAMAGES, LOSSES AND EXPENSES, INCLUDING, BUT NOT LIMITED TO, ATTORNEY'S FEES, WHICH MAY AT ANY TIME BE ASSERTED BY PARTICIPANT AND/OR ANY OTHER PERSONS OR ENTITIES REGARDING AND/OR RESULTING FROM PARTICIPANT'S PARTICIPATION IN THE ACTIVITIES OR PARTICIPANT'S USE OR MISUSE OF ANY PART OF RELEASED PARTIES' EQUIPMENT OR PROPERTY. PURSUANT TO THIS AGREEMENT, PARTICIPANT SHALL DEFEND AND BEAR ALL COSTS OF DEFENDING ANY ACTIONS OR PROCEEDINGS BROUGHT AGAINST RELEASED PARTIES ARISING IN WHOLE OR IN PART OUT OF PARTICIPANT=S PARTICIPATION IN THE ACTIVITIES OR PARTICIPANT'S USE OR MISUSE OF ANY PART OF RELEASED PARTIES' EQUIPMENT OR PROPERTY. RELEASED PARTIES SHALL HAVE THE RIGHT TO APPROVE COUNSEL TO CONDUCT SUCH DEFENSE. IT IS SPECIFICALLY AGREED AND UNDERSTOOD THAT PARTICIPANT SHALL INDEMNIFY, HOLD HARMLESS AND DEFEND RELEASED PARTIES, EVEN IF NEGLIGENCE, JOINT OR SOLE NEGLIGENCE, NEGLIGENCE PER SE, GROSS NEGLIGENCE, PRODUCTS LIABILITY, STRICT LIABILITY, BREACH OF CONTRACT, BREACH OF WARRANTY, RECKLESSNESS, MALICE, FRAUD, WILLFUL CONDUCT, INTENTIONAL CONDUCT, OR OTHER CULPABILITY OR FAULT IS ALLEGED OR ATTRIBUTED TO RELEASED PARTIES. IT IS PARTICIPANT=S INTENT TO INDEMNIFY RELEASED PARTIES FOR THE NEGLIGENCE, JOINT OR SOLE NEGLIGENCE, NEGLIGENCE PER SE, GROSS NEGLIGENCE, PRODUCTS LIABILITY, STRICT LIABILITY, BREACH OF CONTRACT, BREACH OF WARRANTY, RECKLESSNESS, MALICE, FRAUD, WILLFUL CONDUCT, INTENTIONAL CONDUCT, OR OTHER CULPABILITY OR FAULT OF RELEASED PARTIES.
RULES: RULES INCLUDE BUT ARE IN NO WAY LIMITED TO THE FOLLOWING:
1. All participants must have signed a liability waiver.
2. Participants must wear appropriate protective and safety gear for the activities in which they are participating. For water Activities a helmet and USCG approved jacket. Use structures at your own risk without fins.
3. Participants must engage in Activities in a safe manner at all times and avoid collisions with other persons.
4. Participants must obey the instructions of Red Beard Boats, LLC, staff at all times.
5. No illegal drugs are allowed on the Equipment or may be used during operation.
6. Alcohol may not be consumed by the Equipment operator prior to or during participation in any Activity.
7. Safeguard your valuables and possessions at all times. Red Beard Boats, LLC, are not responsible for lost or stolen items.
8. You must be able to swim to use any Equipment.
9. Participants must obey all posted rules.
Participant understands that the above list is not complete or exhaustive and that other rules may apply. Red Beard Boats, LLC, reserves the right to terminate any rental agreement or right to use Equipment and remove anyone from the Equipment for any reason. Violations of rules may result in ejection from the Equipment and cancellation of all tickets, passes and memberships without refund.
ACKNOWLEDGMENT OF EFFECT OF THIS AGREEMENT: Participant understands that by signing this Agreement, Participant has given up certain rights and/or possible claims which Participant might otherwise assert or maintain against the Released Parties, including specifically, but not limited to, rights arising from or claims for the acts or omissions, fault or negligence in any degree of any of the Released Parties. Participant understands that Participant has assumed responsibility and legal liability for the claims or other legal demands, including defense costs, which may be asserted against Participant or Released Parties as a result of Participant's participation in the Activities.
ENTIRE AGREEMENT: This is the entire agreement between Red Beard Boats, LLC, Released Parties and Participant. It is for the benefit Red Beard Boats, LLC, and Released Parties and it cannot be modified or changed in any way by the representations or statements of Red Beard Boats, LLC, the Released Parties or Participant. Participant is at least 18 years of age (except for any minor Participant), of sound mind, and not under the influence of any drugs or alcohol at this time. If Participant is a minor, the undersigned represents that they are signing on behalf of a minor as a Parent(s) or Guardian(s). The undersigned are also signing on behalf of, and as agent of, any non-signing Parent or Guardian. The undersigned represents that the undersigned has the express authority of any non-signing Parent or Guardian to sign this Agreement on their behalf and on behalf of the Participant. IN ADDITION TO THE INDEMNIFICATIONS SET FORTH ABOVE, THE UNDERSIGNED AGREE TO DEFEND AND INDEMNIFY THE RELEASED PARTIES FOR ALL CLAIMS FOR DAMAGES BROUGHT BY A NON-SIGNING PARENT OR GUARDIAN ON THEIR BEHALF OR ON BEHALF OF THE PARTICIPANT UNDER THE SAME TERMS AND CONDITIONS AS THE INDEMNIFICATIONS SET FORTH ABOVE. The undersigned further understands and agrees that this Agreement shall be legally binding even if it is not notarized or signed by a Red Beard Boats, LLC, employee.
Today's date: March 29, 2023