RELEASE OF LIABILITY, ASSUMPTION OF RISK, WAIVER OF CLAIMS & INDEMNIFICATION AGREEMENT
Notice- By signing/clicking the "Agree to terms of service' box , you may be waiving certain legal rights, including the right to sue, not only for yourself but for all individuals involved in this rental agreement.
Release And Waiver of Claims; Assumption of the Risk; Indemnification Agreement
In consideration of being allowed to use the equipment provided by Snorkel the WetSide LLC (hereinafter referred to as StWS), the Participant and the Participants parent(s) or legal guardian(s) if the Participant is a minor do hereby agree, to the fullest extent permitted by law, as follows:
1) TO WAIVE ALL CLAIMS that they have or may have against StWS arising out of the Participant's participation in the use of any equipment provided by StWS, including while receiving instruction and/or training;
2) TO ASSUME ALL RISKS of participating in using the Equipment, even those caused by the negligent acts or conduct of StWS, it's owners, affiliates, operators, employees, agents and/or officers. The Participant and his/her parents(s) or legal guardian(s) understand that there are inherent risks of participating in the use of the Equipment, which may be foreseen and unforeseen and include serious physical injury and death;
3) TO RELEASE StWS, it's owners, affiliates, operators, employees, agents, and/or officers from all liability for any loss, damage, injury, death or expense that the participant (or his/her next of kin) may suffer, arising out of his/her participation in the use of the Equipment, including while receiving instruction and/or training. The Participant and his/her parent(s) or legal guardian(s) specifically understand that they are releasing any and all claims that arise or may arise from any negligent acts or conduct of the Host, it's owners, affiliates, operators, employees, agents and/or officers, to the fullest extent permitted by law. However, nothing in this Agreement shall be construed as a release for conduct that is found to constitute gross negligence or intentional conduct; and
4) TO INDEMNIFY StWS, it's owners, affiliates, operators, employees, agents, and/or officers, from all liability for any loss, damage, injury, death, or expense the the Participant (or his/her next of kin) may suffer while receiving instruction and/or training.
Personal Responsibility
The Participant and his/her parent(s) or legal guardians(s) certify that the Participant has no physical or mental condition that precludes him/her from participating in the Activities and that he/she is not participating against medical advice.
The Participant and his/her parent(s) or legal guardian(s) understand the the Participant's participation in the use of Equipment is voluntary and further understand that they have the opportunity to inspect StWS' Equipment before any participation.
The Participant and his/her parent(s) or legal guardian(s) understand that Participant is obligated follow the guidelines given by the agent and that he/she can minimize his/her risk of injury by doing so and through the exercise of common sense and by being aware of his/her surroundings.
Equipment is for the use of the Participant(s) and only the Participant(s) under this agreement. If the Participant loans or allows any other individual to use the Equipment, the Participant does so AT THEIR OWN RISK and assumes any and all liability for any loss, damage, injury, death or expense that the Unauthorized User (or his/her next of kin) may suffer, arising out of his/her participation in the use of the Equipment, including while receiving instruction and/or training.
To the extent that any portion of this Agreement is deemed to be invalid under the labor the applicable jurisdiction, the remaining portions of the Agreement shall remain binding and available for use by StWS and its counsel in any proceeding.
I CERTIFY THAT I AM AN AUTHORIZED AGENT ACTING ON BEHALF OF ALL PARTICIPANTS UNDER THIS RENTAL AGREEMENT, I HAVE READ AND UNDERSTAND THIS AGREEMENT AND I AM AWARE THAT BY SIGNING THIS AGREEMENT/CLICKING THE 'AGREE TO TERMS OF SERVICE' BOX I MAY BE WAIVING CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE.
Participant's name (printed):________________________________
Participant's Signature:____________________________________ Date:_______________________
Parent/Guardian's Name (printed):__________________________
Parent/Guardian's Signature:_______________________________ Date:_______________________