CabanUp Group, Inc. Release, Waiver of Liability and Indemnity Agreement
EXECUTION OF THIS DOCUMENT WAIVES THE RIGHT TO BRING A CLAIM FOR DAMAGES YOU MAY INCUR: READ CAREFULLY BEFORE SIGNING.
In consideration of the undersigned being permitted to rent and use equipment (the “Operator Equipment”) which is owned by CabanUp Group, Inc. (“CabanUp”) as well as other good and sufficient consideration, the receipt and sufficiency of which is hereby acknowledged, I, _______________________________________________, for my heirs, executors, administrators or assigns and any persons, firms or corporations in privity with them, and on behalf of and as the parent or legal guardian of any minors identified below, do now by execution of this document:
- HEREBY, RELEASE, WAIVE, DISCHARGE AND COVENANT NOT TO SUE CABANUP and its subsidiaries, assigns, insurers, successors, agents, attorneys, owners, officers, trustees, employees, directors, or any relatives of employees, agents and owners, (hereinafter collectively the “RELEASEES”) from any and all liability, actions, claims, damages, costs or expenses, and demands whatsoever, whether in law or equity, which I may have or which any minor identified below may have, now or in the future, or which my heirs, executors, administrators or assigns hereafter shall or may have arising out of, relating to, or in any way connected with my participation, or the participation of any minors identified below, in the rental and use of the Operator Equipment, including, but not limited to, injuries to my person or property or to any minors identified below, including death, before, during or after my rental and use of the Operator Equipment or use of the Operator Equipment by any minor identified below, WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE, before, during, or after the rental and use of the Operator Equipment.
- I HEREBY ASSUME FULL RESPONSIBILITY FOR AND ACCEPT ALL RISK OF BODILY INJURY, DEATH OR PROPERTY DAMAGE DUE TO THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE while I am or any minor identified are renting and using the Operator Equipment. I and any minor identified below further accept this risk being aware and now acknowledging that any recreational, athletic, physical or other activity, including but not limited to paddleboarding, surfing, fishing, snorkeling, running, being in the sun for an extended period of time, tubing, and/or swimming in which I or any minor identified below may engage in is inherently dangerous or hazardous to my health or the health of any minor identified below, and may involve the risk of serious injury and/or death and/or property damage. I and any minors identified below agree to be fully responsible for inspecting all the Operator Equipment prior to using the Operator Equipment, that we may use for any purpose and for being aware of the proper way in which the activity for which we use the Operator Equipment should be conducted including reviewing any training materials provided by RELEASEES. I and any minors identified below acknowledge and agree that I should consult a physician before engaging in any of the physical activities identified above that is associated with the rental and use of the Operator Equipment and accept the risks associated with and relating to engaging in the physical activity that is associated with the rental and use of the Operator Equipment without first consulting a physician. I and any minors identified below further agree that the RELEASEES shall have no responsibility for nor liability for any injuries we may receive due to our failure to properly conduct or perform any activity during our participation in the Excursion or due to any condition on the Operator Equipment itself.
- I HEREBY AGREE TO INDEMNIFY AND SAVE AND HOLD HARMLESS THE RELEASEES, from and against all liability, actions, claims, damages, costs, or expenses, including reasonable attorneys’ fees, and demands whatsoever, whether in law or equity, which I or any minor identified below may have, now or in the future, or which our heirs, executors, administrators or assigns hereafter shall or may have arising out of or in any way connected with our rental and use of the Operator Equipment including but not limited to injuries to our person or property, including death of the undersigned or any minor listed below, WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE, while we are renting and using the Operator Equipment of RELEASEES.
I FURTHER EXPRESSLY AGREE THAT THE FOREGOING RELEASE, WAIVER AND INDEMNITY AGREEMENT IS INTENDED TO
BE AS BROAD AND INCLUSIVE AS IS PERMITTED BY THE LAW OF THE STATE OF FLORIDA, IS NOT UNCONSCIONABLE,
IS FULLY ENFORCEABLE IN A COURT OF LAW AND THAT IF ANY PORTION THEREOF IS HELD INVALID, IT IS AGREED
THAT THE BALANCE OF THIS AGREEMENT SHALL, NOTWITHSTANDING, CONTINUE IN FULL LEGAL FORCE AND EFFECT.
I HAVE READ AND VOLUNTARILY AGREED TO THIS RELEASE, WAIVER OF LIABILITY AND INDEMNITY AGREEMENT, FOR MYSELF AND THE MINOR(S) IDENTIFIED BELOW BY CLICKING THE ACCEPT BUTTON BELOW. I UNDERSTAND AND AGREE THAT I CANNOT RELY ON ORAL REPRESENTATIONS AND/OR STATEMENTS AND I AGREE THAT TO THE EXTENT ANY ORAL REPRESENTATIONS AND/OR STATEMENTS WERE MADE, THOSE ORAL REPRESENTATIONS AND/OR STATEMENTS ARE UNENFORCEABLE. I UNDERSTAND AND AGREE THAT THIS WRITTEN AGREEMENT SHALL SUPERSEDE AND REPLACE ALL SUCH ORAL REPRESENTATIONS AND/OR STATEMENTS.
Signature: ___________________________________________ I am Over 18: YES NO
THE INDIVIDUAL ACCEPTING THIS AGREEMENT MUST BE OVER THE AGE OF 18. IF SOMEONE UNDER THE AGE OF 18 WISHES TO PARTICIPATE IN THE EXCURSION, PRIOR TO PARTICIPATING IN THE EXCURSION OR THE USE OF THE OPERATOR EQUIPMENT ASSOCIATED WITH THE EXCURSION, THE CHILD’S PARENT OR LEGAL GUARDIAN MUST COMPLETE THE FOLLOWING SECTION BELOW.
NOTICE TO THE MINOR CHILD’S
READ THIS FORM COMPLETELY AND CAREFULLY. YOU ARE AGREEING TO LET YOUR MINOR CHILD ENGAGE IN A POTENTIALLY DANGEROUS ACTIVITY WHILE USING THE OPERATOR EQUIPMENT. YOU ARE AGREEING THAT, EVEN IF THE RELEASEES USE REASONABLE CARE IN PROVIDING THE OPERATOR EQUIPMENT FOR YOUR MINOR CHILD’S USE, THERE IS A CHANCE YOUR CHILD MAY BE SERIOUSLY INJURED OR KILLED WHILE USING THE OPERATOR EQUIPMENT BECAUSE THERE ARE CERTAIN DANGERS INHERENT IN THE USE OF THE OPERATOR EQUIPMENT WHICH CANNOT BE AVOIDED OR ELIMINATED. BY SIGNING THIS FORM YOU ARE GIVING UP YOUR CHILD’S RIGHT AND YOUR RIGHT TO RECOVER FROM THE RELEASEES IN A LAWSUIT FOR ANY PERSONAL INJURY, INCLUDING DEATH, TO YOUR CHILD OR ANY PROPERTY DAMAGE THAT RESULTS FROM THE RISKS THAT ARE A NATURAL PART OF THE ACTIVITY. YOU HAVE THE RIGHT TO REFUSE TO SIGN THIS FORM, AND THE RELEASEES HAVE THE RIGHT TO REFUSE TO LET YOUR CHILD PARTICIPATE IN THE ACTIVITY IF YOU DO NOT SIGN THIS FORM.
I HEREBY AFFIRM THAT I AM THE PARENT OR LEGAL GUARDIAN OF THE MINOR(S) WHO WILL BE USING THE OPERATOR EQUIPMENT AND BY CLICKING THE ACCEPT BUTTON I ACKNOWLEDGE I AM AGREEING TO ALL OF THE TERMS OF THIS AGREEMENT ON BEHALF OF THE MINOR(S) WHO WILL BE USING THE OPERATOR EQUIPMENT. I SHALL INDEMNIFY THE OPERATOR FOR ANY LIABILITY INCURRED BY OPERATOR DUE TO USE OF THE OPERATOR EQUIPMENT BY ANY MINOR WHO I AM NOT THE PARENT OR LEGAL GUARDIAN OF.
Parent’s Name: _______________________________
Parent’s Signature: __________________________