WAIVER OF LIABILITY
I state and agree to the following:
1. I am an adult of at least 18 years of age. I am a competent swimmer. I have no medical or physical conditions which could interfere with my safety in this activity. I am willing to assume and bear the costs of all risks that may be created, directly or indirectly, by renting any equipment from Gritty Knots Paddle Co.
2. I understand it is required by law to wear a properly fitted approved life jacket and have an emergency whistle while in and on the water. I understand that stand up paddleboarding should be undertaken after proper instruction and training and that Gritty Knots Paddle Co is not providing such training in connection with the rental of equipment. I assume full responsibility for deciding where, when, and with whom to paddle. I also acknowledge and agree that the rental equipment provided by Gritty Knots Paddle Co is for the sole and exclusive use of the undersigned and may not be used by any other person.
3. In consideration of being permitted to rent equipment, I agree to assume full responsibility for any risks, injuries or damages, known or unknown, which I might incur as a result of participating in stand up paddleboarding. I am aware that paddleboarding involves risks, dangers and hazards. Acceptance or use of the PADDLEBOARD EQUIPMENT by Lessee will be deemed to be an acknowledgment that the EQUIPMENT is in good operating condition. Lessee has notified Lessor as to any defects or deficiencies with respect to the condition of the EQUIPMENT or its accessories and hereby acknowledges that the PADDLEBOARD and its accessories were received in satisfactory condition.
4. I acknowledge that I am financially responsible for any and all damages incurred during my rental. This includes any damage to private property, board, paddle and accessories. I understand that I am responsible to pay for the total cost of repairs or replacement.
5. Other than the obligations of Lessor expressly set forth herein, LESSOR DISCLAIMS ALL WARRANTIES EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT OF A BREACH OF THIS CONTRACT, LESSOR SHALL NOT BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF SUCH BREACH.
6.ACKNOWLEDGMENT OF RISKS AND RELEASE: I understand that: “STAND UP PADDLEBOARDING” HAS INHERENT RISKS, HAZARDS AND DANGERS FOR ANYONE, WHICH CANNOT BE ELIMINATED. I AM VOLUNTARILY USING THE SERVICES OF LESSOR WITH FULL KNOWLEDGE OF THE INHERENT RISKS, HAZARDS, AND DANGERS AND HEREBY ASSUME AND ACCEPT ANY AND ALL RISKS OR INJURY, PARALYSIS, OR DEATH.
7. Lessee has read and agreed to the terms of the Acknowledgment Agreement the terms of which are incorporated by reference herein, and states: “I, for myself or my child, my heirs, successors, executors and surrogates, hereby KNOWINGLY AND INTENTIONALLY WAIVE AND RELEASE, INDEMNIFY AND HOLD HARMLESS LESSOR (Gritty Knots Paddle Co), their agents, employees and volunteers from and against any and all claims, actions, causes of action, liabilities, suits, expenses (including reasonable attorneys’ fees) which are related to, arise out of, or are in any way connected with my, or my child’s, participation in this activity including, without limitation, NEGLIGENCE of any kind or nature, whether foreseen or unforeseen, arising directly or indirectly out of any damage, loss, injury, paralysis, or death to me or my child as a result of engaging in the activities or the use of the PADDLE BOARD EQUIPMENT, even without using a life vest, whether or not such damage, loss, injury, paralysis or death results from negligence of Lessor or from some other cause; and I further agree not to sue Lessor as a result of any injury, paralysis, or death in connection with my use and participation in the activities of ‘STAND UP PADDLE BOARDING.’”
I have read the above release and waiver of liability and fully understand its contents. By signing this document I swear that I am of 18 years of age or older and voluntarily agree to the terms and conditions stated above.