RELEASE OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNIFICATION AGREEMENT
This document affects your legal rights: Read carefully before signing.
I HEREBY ACKNOWLEDGE AND AGREE TO THE FOLLOWING:
I understand that there are inherent risks associated with the use of non-motorized watercraft, including but not limited to Stand Up Paddle Boards, Canoes, and Kayaks. These risks include but are not limited to, injury, illness, drowning, and death, as well as property loss or damage.
I acknowledge that I am solely responsible for my own safety and the safety of any passengers while using the non-motorized watercraft provided by Paddle Dog Adventures, LLC, Cumberland Kayak, and Events Hatched, Inc.
I agree to indemnify and hold harmless Paddle Dog Adventures, LLC, The Westhaven Residential District Association, and Southernland Company, Events Hatched, Inc, their respective officers, directors, employees, and agents from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or in connection with my use of the non-motorized watercraft, including but not limited to any injury or death caused by my negligence or the negligence of any other individuals using the watercraft.
I acknowledge that Paddle Dog Adventures, LLC, The Westhaven Residential District Association, and Southernland Company may collect and use my personal information for marketing purposes, including sending me marketing materials via email or other means of communication.
I acknowledge that Paddle Dog Adventures, LLC, Events Hatched, Inc, The Westhaven Residential District Association, and Southernland Company may take photographs or videos of me while using the non-motorized watercraft, and I hereby grant them the right to use such photographs or videos for marketing or other promotional purposes.
I understand and agree that I am financially responsible for any loss, theft, or damage to the non-motorized watercraft or related equipment rented to me.
1. ACTIVITY AND ASSOCIATED RISKS: I have chosen to participate in the following non-motorized watercraft rental and usage: (hereinafter referred to as “the Activity”), which is organized by Events Hatched Inc. I understand that:
2. ASSUMPTION OF THE RISKS: I hereby freely assume the above-mentioned risks as well as other risks not listed that are part of this activity, and any harm, injury, or loss that may occur to me or my property as a result of my participation in the Activity or during any transportation to or from the Activity—including any injury or loss caused by the negligence of ("Company"), its employees, agents and officers, its contractors, and other Activity participants. I also understand that any equipment that I provide or may borrow or rent from Paddle Dog Adventures, LLC, The Westhaven Residential District Association, Southernland Company, Events Hatched, Inc or any other provider I use at my own risk and that any such equipment is provided without any warranty about its condition or suitability.
3. RELEASE OF LIABILITY: I hereby RELEASE Paddle Dog Adventures, LLC, Events Hatched, Inc, The Westhaven Residential District Association, Southernland Company, its employees, agents, officers, and contractors, the providers of any equipment used in the Activity, land owner, municipal or governmental providers of use permits, and their respective employees, officers, and directors (“the Released Parties”) FROM ALL LIABILITIES, CAUSES OF ACTION, CLAIMS AND DEMANDS that arise in any way from any injury, death, loss or harm that occur to me or to any other person or to any property during the Activity or in any way related to the Activity, including during transportation to or from the Activity. This RELEASE includes claims for the negligence of the Released Parties and claims for strict liability for abnormally dangerous activities. This RELEASE does not extend to claims for gross negligence, intentional or reckless misconduct, or any other liabilities that ("Area") law does not permit to be excluded by agreement. I also agree NOT TO SUE or make a claim against the Released Parties for death, injuries, loss or harm that occur during the Activity or are related in any way to the Activity.
4. INDEMNIFICATION HOLD HARMLESS AND DEFENSE: I promise to INDEMNIFY, HOLD HARMLESS AND DEFEND the Released Parties (defined in Section 3) against any and all claims to which Section 3 of this agreement applies, including claims for their own negligence. I also promise to INDEMNIFY, HOLD HARMLESS AND DEFEND the Released Parties against any and all claims for my own negligence, and any other claim arising from my conduct during the Activity. In accordance with these promises, I will reimburse the Released Parties for any damages, reasonable settlements and defense costs, including attorney’s fees that they incur because of any such claims made against them. I agree that in the event of my death or disability, the terms of this agreement, including the indemnification obligation in this Section, will be binding on my estate, and my personal representative, executor, administrator or guardian will be obligated to respect and enforce them.
5. AGREEMENT TO FOLLOW DIRECTIONS: I agree to follow the rules for the Activity provided to me and to follow directions given to me by the leaders of the Activity, including WEARING A LIFE VEST OR PERSONAL FLOTATION DEVICE whenever I am on the water.
6. INDEPENDENT CONTRACTORS: I acknowledge that Paddle Dog Adventures, LLC, The Westhaven Residential District Association, and Southernland Company have no control over and assume no responsibility for the actions of any independent contractors providing any services for the Activity.
7. USE OF MY LIKENESS: I understand that during the Activity I may be photographed or videotaped. To the fullest extent allowed by law, I waive all rights of publicity or privacy or pre-approval that I have for any such likeness of me or use of my name in connection with such likeness, and I grant to Paddle Dog Adventures, LLC, The Westhaven Residential District Association, Southernland Company and its assigns permission to copyright, use, and publish (including by electronic means) such likeness of me, whether in whole or part, in any form, without restrictions, and for any purpose.
8. SEVERABILITY: I agree that the purpose of this agreement is that it shall be an enforceable RELEASE OF LIABILITY AND INDEMNITY as broad and inclusive as is permitted by law. I agree that if any portion or provision of this agreement is found to be invalid or unenforceable, then the remainder will continue in full force and effect. I also agree that any invalid provision will be modified or partially enforced to the maximum extent permitted by law to carry out the purpose of the agreement.
9. APPLICABLE LAW, FORUM & ATTORNEY’S FEES: This agreement is governed by and shall be construed in accordance with the laws of the state of ("Area"), without any reference to its choice of law rules. I agree that any dispute arising from this Agreement or in any way associated with the Activity shall be brought only in the ("Court") and I agree to the jurisdiction and venue of this court for any such dispute. In any litigation in which the validity or enforceability of this agreement is contested, I agree that the non-prevailing party will pay all attorney’s fees and costs of the parties seeking to uphold the agreement.
I HAVE FULLY INFORMED MYSELF OF THE CONTENTS OF THIS AGREEMENT BY READING IT BEFORE SIGNING IT. NO ORAL REPRESENTATIONS, STATEMENTS OR OTHER INDICTMENTS TO SIGN THIS RELEASE HAVE BEEN MADE APART FROM WHAT IS CONTAINED IN THIS DOCUMENT. I UNDERSTAND THIS IS A CONTRACT THAT AFFECTS MY LEGAL RIGHTS AND I SIGN IT OF MY OWN FREE WILL.