Loading...

RELEASE AND INDEMNIFICATION AGREEMENT 

PLEASE READ CAREFULLY

I, THE UNDERSIGNED, AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT AND HAVE PROVIDED POSITIVE IDENTIFICATION AS PROOF THAT I AM OVER 18 YEARS OF AGE. TO PAY FOR ANY OR ALL DAMAGES TO ANY PROPERTY OF INDEMNITEE CAUSED BY EITHER NEGLIGENCE, WILLFULLY, OR OTHERWISE. I UNDERSTAND THAT I AM FULLY RESPONSIBLE FOR THE RETURN OF THE RENTAL PROPERTY (AS STATED IN 4). 

The undersigned, as "RENTER" in consideration for the use of the rental equipment identified herein ("rental equipment") and other good and valuable consideration, the receipt of which is hereby acknowledged, voluntarily and knowingly executes this Release and Indemnification Agreement ("Agreement") with the express intention of effecting a complete and total release and indemnification of Wild Life Watersports LLC. (including its parents, subsidiaries, affiliates, relatives, agents, servants, employees and assigns), as "COMPANY" as well as effecting other covenants and warranties as follows: 

1. Warranties and Acknowledgment. RENTER, as inducement to COMPANY to enter into this Agreement, expressly makes the following warranties and acknowledgments and states that:

a. RENTER has conducted a visual and physical inspection of the rental equipment and has determined that it is in good and safe working condition.

b. If RENTER is executing this release on behalf of any minor children, that RENTER is the parent of guardian of the minor(s) with full authority to supervise the child(ren) and bind them to this Agreement.

c. RENTER, and if applicable, RENTER'S child(ren), is/are familiar with the proper usage and operation of the rental equipment and/or has requested instructions from COMPANY as to the rental equipment's proper usage if RENTER or RENTER'S child(ren) is/are unsure as to the rental equipment's proper usage and operation. RENTER expressly concedes that removal of the rental equipment from COMPANY'S immediate custody and control constitutes an acknowledgement that RENTER, and if applicable, RENTER'S child(ren), have either received full and adequate instruction on the rental equipment's use from COMPANY or waived receipt of these instructions.

d. RENTER fully understand and acknowledges that there exists certain inherent dangers and risks of damage or serious bodily injury, including death, associated with the use and operation of the rental equipment, notwithstanding the exercise of due care. RENTER further represents and warrants that RENTER, and if applicable, RENTER'S child(ren) are in good health, and that RENTER knows of no physical illnesses or limitations preventing RENTER, and if applicable, RENTER'S child(ren) from using the rental equipment in a safe manner, with due care, and only for its intended proper use and purpose; and

e. In light of these acknowledgments, RENTER fully understands, acknowledges and agrees that all children using any child passenger apparatus or equipment in conjunction with the use of any rental equipment shall be required to wear a child safety helmet and/or child safety flotation vest. RENTER further understands, acknowledges and agrees that RENTER has the sole obligation and responsibility to supervise his or her child(ren) in the usage of the rental equipment.

f. RENTER agrees to wear personal flotation device at all times whether or not it is required by law. 

2. Covenants. RENTER, as further inducement to COMPANY to enter into this Agreement, expressly agrees and covenants that RENTER, and if applicable, RENTER'S child(ren), shall be the only person/people allowed to use and operate the rental equipment and that RENTER, and if applicable, RENTER'S child(ren) shall use the rental equipment safely, with due care, and only for its intended and proper use and purpose. 

3. Release, Indemnification and Waiver. RENTER, as further inducement to COMPANY to enter into the Agreement, expressly agrees that:

a. RENTER, with the intention of binding himself or herself, legal representatives, heirs, assigns, as well as any minor child upon whose behalf RENTER signs this Agreement, their legal representatives, their heirs and their assigns, hereby expressly, knowingly and voluntarily releases and discharges COMPANY from all claims or demands of injury, loss or damage of any kind, whether in contract or tort, law or equity, fixed or unfixed, matured or unmatured, liquidated or unliquidated, arising out of this Agreement, including but not limited to the use of rental equipment or child passenger apparatus. RENTER herby expressly, knowingly and voluntarily agrees that this release shall be applicable and binding if RENTER, or if applicable, RENTER'S child(ren) suffers injury, loss or damage resulting from COMPANY'S NEGLIGENCE OR FAULT. RENTER further agrees that RENTER is barred, on his or her own behalf and on behalf of those claiming through or under RENTER, from bringing any claim or demand against COMPANY for any injury, loss or damage referenced in this paragraph;

b. RENTER further expressly agrees to assume and bear full responsibility for all injury, loss or damage arising out of RENTER'S, and if applicable, RENTER'S child(ren)'s use of the rental equipment, including but not limited to the use of any child passenger apparatus or equipment. RENTER hereby expressly, knowingly and voluntarily agrees to indemnify and hold COMPANY harmless for any and all liability for such injury, loss or damage REGARDLESS of whether the injury, loss or damage results from COMPANY'S NEGLIGENCE OR FAULT.

c. RENTER further expressly agrees to assume and bear full and total responsibility for all damage to or loss of the rental equipment and agrees to fully indemnify COMPANY for any and all costs and expenses incurred by COMPANY for repairing or replacing the rental equipment, child passenger apparatus or other equipment which may become damaged or lost during the RENTER'S, or if applicable, the RENTER'S child(ren)'s possession of said equipment, except for normal wear and tear to the rental equipment or child passenger apparatus.

d. RENTER further expressly agrees that his Agreement is intended to be as broad and inclusive as permitted buy the law of the State of Florida, and that if any portion of this Agreement is held invalid, that the remaining portions shall, notwithstanding, continue in full legal force and effect. The venue for any action arising out of this Agreement shall only be in the Circuit or County Courts of Brevard County, Florida; and

e. RENTER further expressly agrees and acknowledges that RENTER has carefully read this Agreement, knows of its contents and understands it. 

4. Attorneys' Fees and Costs. RENTER agrees to reimburse COMPANY for all costs, expenses and reasonably attorneys' fees incurred by COMPANY for prosecuting or defending any legal actions or claims arising from this Agreement, including through all appeals.

5. Further Acknowledgment. RENTER fully understands that failure to return the COMPANY'S rental property or equipment upon expiration of the rental period and failure to pay all amounts due (including costs for damages to the property or equipment) are evidence of abandonment or refusal to redeliver the property, punishable in accordance with section 812.155, Florida Statutes. 

6. Jury Waiver. THE PARTIES TO THIS AGREEMENT HEREBY KNOWINGLY, VOLUNTARILY WAIVE ANY AND ALL RIGHT TO ANY TRIAL BY JURY IN ANY ACTION ARISING DIRECTLY OR INDIRECTLY UNDER THIS AGREEMENT. 

Today's date: October 27, 2021

 

First Participant's Name

First Name*

Last Name*

Phone*
First Participant's Date of Birth*
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.
Emergency Contact

Emergency Contact's Name*

Emergency Contact's Phone Number*
I AM THE PARENT AND/OR LEGAL GUARDIAN OF THE ABOVE NAMED MINOR. I HAVE READ AND UNDERSTAND THAT THE RELEASE OF LIABILITY INVOLVES SURRENDERING VALUABLE LEGAL RIGHTS OF THE MINOR AND MYSELF. I AGREE TO BE BOUND BY AT ALL TERMS OF THE RELEASE OF LIABILITY. I ALSO GIVE MY CONSENT TO THE PARTICIPATION IN ACTIVITIES BY THE MINOR.
Parent or Guardian's Name

First Name*

Last Name*

Phone*
Parent or Guardian's Date of Birth*
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.


One or more problems exist. Please scroll up.




Powered by  Smartwaiver - TRY IT FREE!