Nautical Excursions, LLC – Water Activity Release Waiver
Agreement, Waiver and Release of Liability for the use of Floats, Lily Pads, Water Towable Tube, and Related Watersports Equipment.
This is a Water Activity (Towable Tube/Lily Pad/Floats) Use Agreement between Nautical Excursions, LLC and the undersigned, herein called, “USER.” This agreement also constitutes a Waiver and Release of Liability, whereby the USER agrees to release, discharge, hold harmless, defend and indemnify Nautical Excursions, LLC and its employees, subcontractors and agents from any and all claims, actions or losses for bodily injury, property damage, wrongful death, loss of services or any other claim which may arise out of USER’s participation in Water Activities, premises or facilities or USER’s participation in water sports activities.
By signing this document, USER acknowledges that he/she specifically understands he/she is releasing, discharging and waiving any claims or actions that he/she may have at the present time, or in the future, for the negligent acts, omissions or other conduct by the employees, subcontractors or agents of Nautical Excursions, LLC.
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USER shall bear all risk and responsibility of and for any and all damage of the Water Activity Equipment caused by the USER, or any portions thereof, and shall pay Nautical Excursions, LLC the full cost of repair or replacement.
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RECOGNITION OF RISK: USER expressly acknowledges that activities associated with Water Activities and Equipment involves inherent risks of injury to persons and property. USER IS AWARE OF THOSE RISKS AND UNDERSTANDS THEM. USER acknowledges that Safety Equipment (e.g. Personal Floatation Devices/Life Jackets) are made available and that ALL USERS ARE REQUIRED TO USE SUCH SAFETY EQUIPMENT AT ALL TIMES WHILE PARTICIPATING IN WATER ACTIVITIES AND USING EQUIPMENT. USER understands that use of such Safety Equipment does not remove all risks of injury. USER alone has determined the sufficiency of any safety gear or other precautions that USER decides to take in order to minimize the risks of the activity. No party related to Nautical Excursions, LLC, including employees, subcontractors and agents, has made any representations regarding the safety of, or the risks of, such activities. USER EXPRESSLY ASSUMES THE RISKS OF THE ACTIVITY
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RELEASE OF LIABILITY: USER hereby RELEASES Nautical Excursions, LLC, its employees, subcontractors and agents from liability for negligence and HOLDS HARMLESS Nautical Excursions, LLC, its employees, subcontractors and agents from any loss, expense or cost, including attorney fees, arising out of any damages or injuries, whether to persons or property, occurring as a result of the use of said Boats or Equipment.
This agreement constitutes the entire agreement between Nautical Excursions, LLC and USER with regard to the participation in Water Activities and Equipment and no term may be waived or modified (including provision against oral modification) except in writing signed by both parties. There are no warranties, expressed or implied, by Nautical Excursions, LLC to USER, except as contained herein, and Nautical Excursions, LLC shall not be liable for any loss or injury to USER nor to anyone else, of any kind or however caused. This agreement is one of bailment only and USER is not a Nautical Excursions, LLC agent while participating in said Water Activity or using Equipment. The laws of the State of North Carolina shall govern this agreement.
NON COMPLIANCE WITH THE ABOVE AGREEMENT MAY RESULT IN CHARGES FOR LOSS OR DAMAGE.
By signing below, USER certifies that he/she has read and understands the above and acknowledges and agrees to the terms and conditions as stated.
FOR USERS UNDER 18 YEARS OF AGE, SIGNATURE OF PARENT OR GUARDIAN IS REQUIRED.
By signing below, I certify that I am the parent/guardian of the Minor who has signed this Agreement. I certify that I have read the Agreement and that I understand the above and acknowledge and agree to the terms and conditions as stated. As the parent/guardian of the above signed, I confirm that the Minor’s date of birth is correct.