STAND UP PADDLE BOARDING RED ROCK (SUPREDROCK) ACKNOWLEDGMENT AND ASSUMPTION OF RISK AND WAIVER OF LIABILITY I ACKNOWLEDGE THAT BY SIGNING THIS DOCUMENT, I AM ASSUMING RISKS AND AGREEING TO INDEMNIFY, NOT TO SUE, AND RELEASE FROM LIABILITY RED ROCK STAND UP PADDLE BOARDING, MICHAEL RUS, AND THEIR RESPECTIVE AGENTS, INSURERS, EMPLOYEES, VOLUNTEERS, MEMBERS, PARTNERS, SPOUSES, OFFICERS, DIRECTORS, SHAREHOLDERS, MANAGERS, AND AFFILIATES (COLLECTIVELY “RELEASEES”), AND THAT I AM GIVING UP SUBSTANTIAL LEGAL RIGHTS. THIS RELEASE IS A CONTRACT WITH LEGAL AND BINDING CONSEQUENCES AND IT APPLIES TO ALL ACTIVITIES ASSOCIATED WITH OR RELATING TO RED ROCK STAND UP PADDLE BOARDING REGARDLESS WHETHER OR NOT LISTED HEREIN OR IN THE PADDLE BOARDING RENTAL AGREEMENT. I HAVE READ IT CAREFULLY BEFORE SIGNING, AND I UNDERSTAND WHAT IT MEANS AND WHAT I AM AGREEING TO BY SIGNING. I ACKNOWLEDGE THAT STAND UP PADDLE BOARDING IS AN INHERENTLY DANGEROUS ACTIVITY AND FULLY REALIZE THE DANGERS OF PARTICIPATING IN THIS ACTIVITY AND FULLY ASSUME THE RISKS ASSOCIATED WITH SUCH PARTICIPATION INCLUDING, by way of example, and not limitation: drowning; dangers associated with man-made and natural conditions; the dangers of collision with other persons, boats, and fixed or moving objects; the dangers associated with equipment failure, inadequate safety equipment, use of equipment or materials provided by Releasees; THE RELEASEE’S OWN NEGLIGENCE; weather conditions; and the possibility of serious physical and/or mental trauma or injury, or death. For myself, my heirs, executors, distributees, guardians, administrators, legal representatives, assignees, and successors in interest (collectively “Successors”) I HEREBY WAIVE, RELEASE, DISCHARGE, HOLD HARMLESS, AND PROMISE TO INDEMNIFY AND NOT TO SUE the Releasees and all sponsors, organizers and promoting organizations, property owners, law enforcement agencies, public entities, special districts and properties that are in any manner connected with this activity, and their respective agents, officials, and employees through or by which the activity will be held, (the foregoing are also collectively deemed to be Releasees), FROM ANY AND ALL RIGHTS AND CLAIMS INCLUDING CLAIMS ARISING FROM THE RELEASEES’ OWN NEGLIGENCE TO THE MAXIMUM EXTENT PERMITTED BY LAW, which I have or which may hereafter accrue to me and from any and all damages which may be sustained by me directly or indirectly in connection with, or arising out of, my participation in stand up paddle boarding. I agree it is my sole responsibility to be familiar with the weather, water conditions, and proposed course of travel, the Releasees’ rules, the U.S. Coast Guard or other maritime rules, and I agree to comply with all such rules and regulations. I accept responsibility for the condition and adequacy of the equipment provided for my use. I will wear a U.S. Coast Guard approved personal flotation device (PFD). I have no physical or medical condition which would endanger myself or others if I participate in this activity, or would interfere with my ability to safely participate in this activity. I agree, for myself and my Successors, that the above representations are contractually binding, and are not mere recitals, and that should I or my Successors assert a claim contrary to what I have agreed to in this contract, the claiming party shall be liable for the expenses (including legal fees) incurred by the Releasees in defending the claims. This contract may not be modified orally, and a waiver or modification of any provision shall not be construed as a waiver or modification of any other provision herein or as a consent to any subsequent waiver or modification. I consent to the release by any third party to Releasees and their insurance carriers of my name and medical information that may relate solely to any injury or death I may suffer arising from the activity. Every term and provision of this contract is intended to be severable. If any one or more of them is found to be unenforceable or invalid, that shall not affect the other terms and provisions, which shall remain binding and enforceable. I ATTEST THAT I AM EIGHTEEN (18) YEARS OF AGE OR OLDER (OR THAT IF I AM YOUNGER, MY PARENTS OR LEGAL GUARDIAN HAVE EXECUTED THIS WAIVER BELOW), AND THAT I AM PHYSICALLY FIT AND SUFFICIENTLY TRAINED TO PARTICIPATE IN ALL ACTIVITIES ASSOCIATED WITH THE PROGRAM OR EVENTS AND MY PARTICIPATION IN SUCH PROGRAM OR EVENTS IS VOLUNTARY. CONSENT AND RELEASE OF PARENT OR LEGAL GUARDIAN My Child is fit for the activity, and I consent to my Child’s participation. I HAVE READ AND I UNDERSTAND THE ABOVE CONTRACT. In consideration of allowing my Child to participate, I consent to the contract and agree that ITS TERMS SHALL LIKEWISE BIND ME, MY CHILD, and our heirs, legal representatives, and assignees. I HEREBY RELEASE AND SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS THE RELEASEES FROM EVERY CLAIM AND ANY LIABILITY that I or my Child may allege against the Releasees (including reasonable legal fees and costs) as a direct or indirect result of injury or death to me or my Child because of my Child’s participation in the activity, WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASEES OR OTHERS TO THE MAXIMUM EXTENT PERMITTED BY LAW. I PROMISE NOT TO SUE RELEASEES on my behalf or on behalf of my Child regarding any claim arising from my Child’s participation in the activity.
Stand up Paddle Board Red Rock RENTAL RELEASE & AGREEMENT Rental of SUP, paddle, PFD, and leash RENTAL RATES: 1 HR = $20 2 HR = $35 HALF DAY (5 hours) = $79 I the RENTER, enter into this rental agreement with Stand up Paddle Board Red Rock (SUPREDROCK), the LESSOR, and agree to the following: 1. Renter attests to being physically capable of undertaking the activities of stand up paddle boarding, and declares that he/she is able to swim and can tread water. 2. Renter attests that all rental equipment is free of damage and is in good working condition at the time it was rented. 3. Renter acknowledges that SUPREDROCK has provided a US Coast Guard approved flotation vest or PFD, and agrees to wear the provided vest or PFD at all times while on the water. 4. Renter acknowledges that SUPREDROCK has provided a board leash and agrees to wear the board leash attached to an ankle at all times while on the water. 5. Renter understands that use of a Personal Floatation Device (PFD) or Flotation Vest, and/or board leash does not remove all risks of injury, nor does it make stand up paddling a safe activity. 6. Renter agrees that he/she will not be under the influence of alcohol or drugs during the duration of paddle board rental. 7. Renter agrees to be the sole user of the paddle boarding equipment and agrees that if he or she allows any person to use the equipment who has not signed a Rental Agreement, he or she will be FINED 50.00 and the credit card will be charged. 8. Renter agrees that hauling equipment out on any dock is prohibited, unless it is the same dock that equipment is launched from. Landing equipment on sandy beaches is allowed, but it is expected that Renter will avoid landing equipment on rocks or other damaging objects. 9. Renter agrees not to bring paddle boards into the the cement dock areas as they can cause permanent damage to the boards. 10. Renter acknowledges he/she has been advised against bringing valuables while paddling. If Renter chooses to bring valuables, he/she agrees to bear all responsibility for any loss of valuables. 11. Renter agrees to obey all state and local boating regulations, regulations pertaining to marine mammals, and all lawful directives from appropriate emergency or law enforcement personnel. In the event of a citation for violation of these rules, the Renter shall be solely responsible. Renter agrees to notify Lessor of any such citation. 12. Renter shall bear all risk of damage or loss of the equipment, and shall pay Lessor the cost of repair or replacement. Renter hereby authorizes Lessor to charge the credit card taken during the reservation process for cost of repair or replacement in the event of damage, loss, or theft of the equipment. 13. I authorize SUP Red Rock, or any representative of, to seek medical attention for me in the event of a medical emergency, and agree to hold harmless any person(s) who offers assistance to me or medical treatment of me, and agree to bear all financial responsibility related to medical treatment. |