Island Breeze Vacation
Rental Kayak and Sailboat RELEASE
OF CLAIMS
Warning: By signing this
you give up the right to sue
TO: Jim Newman and Louise
McDonald. (doing business as Island Breeze at North Captiva on Pine Island
Sound and surrounding areas), POB 490 St James City, Fl 33956.
I am aware that kayaking is a
hazardous activity and has, in addition to the usual dangers and risks inherent
in boating activities, additional dangers and risks, which include:
unpredictability of weather and ocean conditions; psychological and physical
reaction to extreme natural forces and conditions; and collision with exposed
or unexposed hazards including vessels. I am also aware that there are
additional risks in traveling to and from locations where course and activities
are held (all such usual and additional dangers and risks herein collectively
called the Òinherent risksÓ).
I acknowledge that the
enjoyment and excitement of kayaking is derived in part from the inherent
risks.
In consideration of doing
business with Island Breeze,
including affiliated companies and all officers,
employees, guides,
instructors, agents and representatives, and in consideration of Island Breeze.
permitting me to participate in its courses and activities and to use or rent
its equipment, including motor vehicles used for travel to and from any location
at which courses, activities and use of equipment may occur (the ÒActivitiesÓ),
I hereby agree as follows:
1.
I freely ACCEPT and fully
ASSUME all the inherent risks, dangers, and hazards of kayaking and the
possibility of personal injury, death, permanent and disabling injury, property
damage or loss resulting therefrom and I understand that I AM RESPONSIBLE FOR
MY OWN SAFETY and the Island Breeze assumes no responsibility for my safety in
connection with the Activities.
2.
I RELEASE ALL CLAIMS I
may have against Island Breeze, AND AGREE NOT TO SUE Island Breeze for any
personal injury, death, permanent and disabling injury, property damage or loss
sustained by me as a result of my participation in the Activities due any cause
whatsoever INCLUDING, WITHOUT LIMITATION, NEGLIGENCE ON THE PART OF Island
Breeze.
3.
I AM RESPONSIBLE for all
costs of rescue or medical attention rendered to me or for my benefit, arising
from the Activities and I SHALL INDEMNIFY Island Breeze from any and all
liability in respect of any and all of such costs.
4.
I SHALL INDEMNIFY Island
Breeze for any and all liability for any damage to property or personal injury
to any third party, resulting from my participation in the Activities. And I
AGREE TO PAY FOR ANY COST TO REPAIR OF REPLACE ANY EQUIPMENT THAT I RENT FROM
ISLAND BREEZE UP TO THE REPLACEMENT VALUE OF THE EQUIPMENT.
5.
In entering in this
Agreement I am not relying on any oral, written or visual representation or
statements made by Island Breeze.
6.
I confirm that I am of
the full age of 19 years and the I have read and understood this Agreement
prior to signing it and agree that this Agreement will be binding upon my
heirs, next of kin, executors, administrators and successors.
7.
I agree that this
agreement shall in all respects be governed by and interpreted in accordance
with the laws of Florida.
Signed this _______ day of
____________, in the presence of:
__________________________________
__________________________________ __________________________________
Witness APPLICANTÕS SIGNATURE
FULL NAME- PLEASE PRINT
__________________________________
__________________________________ __________________________________
Witness APPLICANTÕS SIGNATURE
FULL NAME- PLEASE PRINT
__________________________________
__________________________________ __________________________________
Witness APPLICANTÕS SIGNATURE
FULL NAME- PLEASE PRINT
__________________________________
__________________________________ __________________________________
Witness APPLICANTÕS SIGNATURE FULL NAME- PLEASE PRINT