RELEASE, WAIVER, INDEMNIFICATION, HOLD HARMLESS,
AND ASSUMPTION OF THE RISK AGREEMENT
This Release, Waiver, Indemnification, Hold Harmless, and Assumption of the Risk Agreement (hereinafter referred to as the “Agreement”) is entered into on this ____ day of _____________, 20_____ by and between ADVENTURES PTC, LLC (hereinafter referred to as “Adventures PTC”) and the undersigned participant and the undersigned parent or legal guardian if the undersigned participant is a minor under the age of eighteen (hereinafter collectively referred to as “the Undersigned”).
WHEREAS, Adventures PTC is in the business of providing paddleboard, kayak and canoe rental and instruction in the Atlanta, Georgia area;
WHEREAS, in return for use of the use of the paddleboard owned by Adventures PTC, instruction provided by agents and representatives of Adventures PTC, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Undersigned agrees to the following terms and conditions:
Permitted Activities: The Undersigned agrees to use the paddleboards owned by Adventures PTC only for their intended use. Furthermore, the Undersigned agrees to participate in the paddleboard instruction and activities in an orderly manner and with due care for the health and safety of the Undersigned and other participants in the paddleboard instruction and activities. From time to time and in the sole discretion of Adventures PTC, Adventures PTC will make rules, regulations, and prohibitions for the use of its paddleboards and the paddleboard instruction and activities available at the Undersigned’s request. The Undersigned hereby agrees to abide by any rules and regulations promulgated by Adventures PTC. The Undersigned further acknowledges that Adventures PTC may revoke the Undersigned’s right to use its paddleboards or to participate in the paddleboard instruction and activities at any time and without compensation or refund.
Indemnification: The Undersigned expressly agrees to indemnify, defend, and hold harmless Adventures PTC and any of its employees, directors, officers, or agents from any and all fault, liabilities, costs, expenses, claims, demands, or lawsuits arising out of, related to, or in connection with (1) the Undersigned’s use of paddleboards owned by Adventures PTC and (2) the Undersigned’s participation in any recreational activities involving Adventures PTC’s paddleboards or any instruction or activity provided by Adventures PTC or in which Adventures PTC is involved.
Should any such claim, demand, or lawsuit arise or be asserted against Adventures PTC, whether arising under the laws of the United States, the laws of the State of Georgia, or any other State, or under any theory of law or equity, the Undersigned shall indemnify, hold harmless, and defend Adventures PTC from any and all costs, expenses, or liability including, but not limited to, the cost of any settlement or judgment made or rendered against Adventures PTC, whether individually, jointly, or in concert with the Undersigned, together with all costs of court and other costs or expenses incurred in connection with any such claim, demand, or lawsuit, including attorney’s fees.
Waiver of Rights: The Undersigned hereby waives any and all rights and claims for damages, losses, demands, and any and all other actions, which exist or which may arise against Adventures PTC (including, but not limited to, any and all injuries, damages, or illnesses, including both mental and emotional distress or anguish, suffered by the Undersigned or to the Undersigned’s property). The Undersigned further waives any and all rights and claims for damages, losses, demands, and all other actions which may, in any way whatsoever, arise out of, be related to, or be connected with the Undersigned’s use of paddleboards owned by Adventures PTC or the Undersigned’s participation in any recreational activities involving Adventures PTC’s paddleboards or any instruction or activity provided by Adventures PTC or in which Adventures PTC is involved.
The Undersigned hereby agrees that Adventures PTC shall not be held liable for any of the aforementioned damages, losses, demands, or any and all other actions, and the Undersigned hereby expressly releases Adventures PTC from any and all such claims. This waiver is both personal in nature and on behalf of any minor for whom it is executed.
Assumption of the Risk: The Undersigned acknowledges that the operation of paddleboards, engaging in physical activities, and participation in watersports activities all constitute inherently dangerous activities and may pose a serious threat to an individual’s health and safety. The Undersigned further acknowledges that participating in any type of recreational activities may pose a risk of serious injury or death. The Undersigned has been fully informed of the inherent hazards and risks associated with stand up paddling and related watersport activities including, but not limited to, the following:
Changing water flow, tides, currents, wave action, and ship’s wake;
Collision with other participants, stand-up paddleboards, and man-made or natural objects;
Wind shear, inclement weather, lightning, variances and extremes of wind, weather and
Balance, physical condition, ability to operate a paddleboard, ability to swim and/or ability to follow directions;
Collision, capsizing, sinking, or other hazard that may result in wetness, injury, exposure to the
elements, hypothermia, impact of the body upon the water, injection of water into the Undersigned’s body orifices, and/or drowning;
The presence of insects and other forms of wildlife;
Equipment failure or operator error;
Heat or sun-related injuries or illnesses, including sunburn, sun stroke or dehydration; and
Fatigue, chill and/or decreased reaction time and increased risk of an accident.
The Undersigned hereby acknowledges the risks of participating in activities involving Adventures PTC’s paddleboards or watersports and has voluntarily subjected him- or herself to the potential risks. The Undersigned hereby expressly assumes the risk of engaging in the physical or watersport activity and taking part in the activities hosted by Adventures PTC which include, but are not limited to, the operation of paddleboards; observing individuals during the operation of such paddleboards; and any and all other recreational activities involving Adventures PTC of any kind.
Acknowledgment: The Undersigned hereby acknowledges and agrees that the Undersigned has read this Agreement, understands the provisions contained herein, and is executing this Agreement voluntarily. The Undersigned again acknowledges and agrees that he/she will at all times abide by all rules, procedures, safety rules, and any and all instructions provided, if at all, by Adventures PTC, whether communicated in writing, posted on the Premises, or communicated orally.
This Agreement binds the Undersigned and his or her executors, administrators, assignees, or heirs and any minor for whom it is signed.
Signature Parent or Legal Guardian Signature
Print Name Print Name
*NOTE: SIGNING THIS FORM IS VOLUNTARY. HOWEVER, USE OF THE PREMISES OR PRESENCE ON THE PREMISES IS DEPENDENT ON SIGNATURE.*
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