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PLEASE READ CAREFULLY – THIS IS A RELEASE AND WAIVER OF LIABILITY.

DISCLAIMER:

This Waiver is applicable to all Renters, operators, passengers and users of the boat and equipment provided by Xsailnow LLC . For purposes of this Waiver the term “Xsailnow” includes all members, employees, agents, representatives, assigns, successors and insurers). The undersigned, for him or herself, and for any and all minor children of the undersigned agrees as set forth below. The undersigned acknowledges that the term “I” or “Participant” includes any minor children of the undersigned:

1. ACKNOWLEDGEMENT OF RISKS

I acknowledge there are inherent risks, hazards, and dangers to the rental and use of boats and equipment. These risks include, but are not limited to:

  • Water conditions (tides, currents, waves, wakes)
  • Collisions with objects or other boats
  • Capsizing, sinking, drowning, or hypothermia
  • Injuries from equipment failure or misuse
  • Marine life, weather, sun-related illness or burns
  • And other hazards whether known or unknown

I voluntarily assume all such risks, including those that may arise from the negligence of Xsailnow or Lemons Landing.

2. EXPRESS ASSUMPTION OF RISK

I agree that I am voluntarily participating in the rental, operation, or use of boats or equipment provided by Xsailnow at my own risk. I assume full responsibility for injury, loss, or damage, including those arising from the negligence of Xsailnow or Lemons Landing, or otherwise.

3. REFUND AND INSURANCE

I understand that:

  • No refunds are provided for cancellations or inability to participate due to injury or other causes.
  • Xsailnow and Lemons Landing do not maintain insurance for my benefit.
  • I am responsible for securing my own insurance coverage for these activities.


4. WAIVER/RELEASE OF LIABILITY

I, for myself and any minors, voluntarily release and forever discharge Xsailnow and Lemons Landing, from all liability, claims, or demands related to:

  • Personal injury or death
  • Property damage or theft
  • Illness, accidents, or negligence
  • whether caused by the acts, omissions, or negligence of Xsailnow, Lemons Landing, or otherwise.

This includes all activities involving boats, personal watercraft, watersports equipment, towing, or use of the marina or launch site.

5. INDEMNITY; THIRD PARTY LIABILITY

I agree to indemnify and hold harmless Xsailnow and Lemons Landing from any and all claims, damages, lawsuits, or expenses (including attorneys’ fees) brought by third parties arising out of my (or my child’s) rental, operation, or use of boats, equipment, or marina facilities.

6. ACKNOWLEDGEMENT OF WAIVER AND RELEASE

I understand that signing this waiver is a condition of participation, and I have the option to rent from another facility if I do not agree. I further agree that:

  • This Waiver is intended to be as broad and inclusive as permitted under the laws of Kentucky.
  • I waive the right to negotiate different waiver terms or bring future claims.
  • If any part of this Waiver is deemed invalid, the rest shall remain in full effect.

FINAL STATEMENT

I HAVE READ AND VOLUNTARILY SIGN THIS WAIVER ON BEHALF OF MYSELF AND MY CHILD. I UNDERSTAND I AM WAIVING SUBSTANTIAL LEGAL RIGHTS AND ACCEPT FULL RESPONSIBILITY FOR ANY RISKS, INCLUDING THOSE CAUSED BY NEGLIGENCE. THIS RELEASE EXTENDS TO XSailNOW LLC AND LEMONS LANDING.

First Participant's Name
First Name*
Middle Name
Last Name*
Phone*
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First Participant's Date of Birth*
Date of Birth
First Participant's Signature*
Second Participant's Name
First Name*
Middle Name
Last Name*
Phone*
Participant's Date of Birth*
Date of Birth
Second Participant's Signature*
Third Participant's Name
First Name*
Middle Name
Last Name*
Phone*
Participant's Date of Birth*
Date of Birth
Third Participant's Signature*
Fourth Participant's Name
First Name*
Middle Name
Last Name*
Phone*
Participant's Date of Birth*
Date of Birth
Fourth Participant's Signature*
Fifth Participant's Name
First Name*
Middle Name
Last Name*
Phone*
Participant's Date of Birth*
Date of Birth
Fifth Participant's Signature*
Sixth Participant's Name
First Name*
Middle Name
Last Name*
Phone*
Participant's Date of Birth*
Date of Birth
Sixth Participant's Signature*
Seventh Participant's Name
First Name*
Middle Name
Last Name*
Phone*
Participant's Date of Birth*
Date of Birth
Seventh Participant's Signature*
Eighth Participant's Name
First Name*
Middle Name
Last Name*
Phone*
Participant's Date of Birth*
Date of Birth
Eighth Participant's Signature*
Ninth Participant's Name
First Name*
Middle Name
Last Name*
Phone*
Participant's Date of Birth*
Date of Birth
Ninth Participant's Signature*
Tenth Participant's Name
First Name*
Middle Name
Last Name*
Phone*
Participant's Date of Birth*
Date of Birth
Tenth Participant's Signature*
Parent or Guardian's Email Address
Email*
Confirm Email*
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Parent(s) or Court-Appointed Legal Guardian(s) must sign for any participating minor (those under 18 years of age) and agree that they and the minor are subject to all the terms of this document, as set forth above.


By signing below the Parent or Court-Appointed Legal Guardian agrees that they are also subject to all the terms of this document, as set forth above.
Parent or Guardian's Name
First Name*
Middle Name
Last Name*
Relationship*
Phone*
Address Line 1:*
Street address, P.O. box, company name, c/o
Address Line 2:
Apartment, suite, unit, building, floor, etc.
Country:*
City:*
State/Province:*
Zip/Postal:*
Parent or Guardian's Date of Birth*
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.


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