RELEASE and WAIVER of LIABILITY, ASSUMPTION of RISK, and INDEMNITY AGREEMENT
TO BE COMPLETED BY AN ADULT PASSENGER AT LEAST 18 YEARS OF AGE
IN CONSIDERATION of myself (“the Adult”) being participant as a passenger in the boat rented from BBR BASS BOAT RENTALS, LLC ("RELEASEES"), I agree:
1. I know the nature of the sport of bass fishing and of the hazards of boating. I believe I am qualified to participate as a passenger in the boat. I will inspect the boat and it's equipment before and during use. IF I BELIEVE ANYTHING IS UNSAFE, I WILL IMMEDIATELY STOP PARTICIPATION AS A PASSENGER.
2. I FULLY UNDERSTAND that: (a) THE ACTIVITY OF BEING A PASSENGER IS VERY DANGEROUS and participation as a passenger during the equipment rental period ("EVENT") involves RISKS AND DANGERS OF SERIOUS BODILY INJURY, INCLUDING PERMANENT DISABILITY, PARALYSIS AND DEATH (“RISKS”; (b) these Risks and dangers may be caused by my own actions, or inactions, the actions or inactions of others participating during the Event, the rules of the tournament during the Event(s), the condition and layout of the equipment, and/or THE NEGLIGENCE OF THE “RELEASEES” NAMED BELOW; (c) there may be OTHER RISKS NOT KNOWN TO ME or that are not readily foreseeable at this time; (d) THE SOCIAL AND ECONOMIC LOSSES and/or damages that could result from those Risk(s) COULD BE SEVERE AND COULD PERMANENTLY CHANGE MY FUTURE.
3. I HEREBY ACCEPT AND ASSUME ALL SUCH RISKS, KNOWN AND UNKNOWN, AND ASSUME ALL RESPONSIBILITY FOR THE LOSSES, COSTS AND/OR DAMAGES FOLLOWING SUCH INJURY, DISABILITY, PARALYSIS OR DEATH, EVEN IF CAUSED, IN WHOLE OR IN PART, BY THE NEGLIGENCE OF THE “RELEASEES”.
4. I HEREBY RELEASE, DISCHARGE AND COVENANT NOT TO SUE BBR BASS BOAT RENTALS, LLC, or any of their directors, officers, agents, employees, representatives, owners, members, affiliates, successors and assigns, all for the purposes herein referred to as “Releasees,” FROM ALL LIABILITY TO ME, my personal representatives, assigns, heirs, and next of kin, FOR ANY AND ALL CLAIMS, DEMANDS, LOSSES, OR DAMAGES ON ACCOUNT OF ANY INJURY TO ME, including, but not limited to, death or damage to property, CAUSED OR ALLEGED TO BE CAUSED, IN WHOLE OR IN PART, BY THE NEGLIGENCE OF THE “RELEASEES” OR OTHERWISE.
5. If, despite the release, I, or anyone on my behalf, makes a claim against any of the “Releasees”, I AGREE TO DEFEND, INDEMNIFY AND SAVE AND HOLD HARMLESS THE RELEASEES and each of them from ANY LITIGATION EXPENSES, ATTORNEY FEES, LOSS, LIABILITY, DAMAGE, OR COST THEY MAY INCUR DUE TO THE CLAIM MADE AGAINST ANY OF THE “RELEASEES” NAMED ABOVE, WHETHER THE CLAIM IS BASED ON THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE.
6. I sign this agreement on my own behalf. I HAVE READ THIS RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT, UNDERSTAND THAT BY SIGNING IT I GIVE UP SUBSTANTIAL RIGHTS I WOULD OTHERWISE HAVE TO RECOVER DAMAGES FOR LOSSES OCCASIONED BY THE RELEASEES’ FAULT, AND SIGN IT VOLUNTARILY AND WITHOUT INDUCEMENT
Today's Date: October 24, 2021