RELEASE OF LIABILITY AND HOLD HARMLESS AGREEMENT
THE UNDERSIGNED on behalf of himself, his heirs, executors, administrators, all members of his family and all other legal representatives and assigns (“User”), in consideration of the present and future use of the services and equipment provided by Parasailing LLC, its employees,representatives, agents and assigns agree:
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1. Release: I hereby acknowledge that operating watercraft is a hazardous activity and I am voluntarily participating in operating watercraft with full knowledge of the dangers involved and hereby agree to accept and assume any and all risk of injury. In recognition of the foregoing, I hereby release, acquit, hold harmless and forever discharge Parasailing LLC, its officers, directors, employees, and agents, and the City of Parasailing , jointly and individually, from any and all claims, rights, demands, charges, costs (including, but not limited to attorney’s fees and costs), expenses, loss of services, compensation and causes of action of whatsoever nature, or any legal theory, and from any and all liability and damages of any kind, known or unknown, whether in contract or in tort, which have accrued or may ever accrue, arising out of or in any way related to my voluntary participating in the activity of operating watercraft. I accept full responsibility of the cost of treatment for any injury suffered while taking part in this activity. This release shall extend to my heirs, executors, legal representatives, administrators, successors, and assigns2. Hold Harmless: User will pay, indemnify and hold Provider harmless from any and all liability, causes of action, claims, judgements, executions, debts, litigation costs and attorney’s fees, in any way arising out of or resulting from the use, operation of, or any way connected with the equipment, whether caused by User or any other person.3. Equipment Damage: User will return the provided equipment in the same condition as when received. User will pay Provider for any damage occurring prior to said return, and pay for loss of use during REPAIR time, whether caused by User or any other person.
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4. Rules and Regulations: User will abide by all rules and regulations established by Provider concerning the use of equipment. Failure to follow Rules & Regulations may result in forfeiture of deposit. Card will be charged immediately.
5. Representations of User:A. User understands and assumes the inherent and risks in the use of equipment.B. User has the knowledge and skills to operate the provided equipment safely.C. User is in good physical health and condition, and is aware of no condition which would cause risk to User’s healthby physical exertion.D. User will not permit any other person to use the provided equipment. All persons who use the provided equipment must have executed a release of liability prior to engaging in such use.
I HAVE READ AND UNDERSTAND ALL FO THE PROVISIONS OF THIS AGREEMENT. I UNDERSTAND THAT BY SIGNING THIS AGREEMENT I ASSUME ALL LEGAL OBLIGATIONS AND GIVE VALUABLE RIGHTS. I WILL USE THE EQUIPMENT AT MY RISK AND UNDER CONDITIONS SET FORTH HEREIN.
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