ASSUMPTION OF RISK, DAMAGE WAIVER AND RELEASE AGREEMENT
By agreeing to this waiver you will waive certain legal rights, including the right to sue. Please read this agreement carefully. This waiver must be signed by each participant or the participant’s parent/guardian and received by the Wet Inc prior to participating in the trip.
In consideration of participating in any way in using the rented water sport vessel, related events and/or activities, I do hereby affirm that I have read and acknowledge, appreciate and agree that:
I willingly agree to comply with the stated and customary terms and conditions of participation. I am not under the influence of drugs or alcohol and will not have them in my possession at the time. I further agree and warrant that if at any time I believe conditions to be unsafe, I will immediately notify a Wet Inc representative and discontinue further participation in the Activity.
Participant/Renter shall obey all state, federal and local Boating Regulations, laws, ordinances and lawful directives from appropriate emergency or law enforcement personnel, while operating or renting water equipment from Wet Inc. Participant/Renter is solely responsible for any citation or violation occurring during the use of, or as the result of using, rental equipment from Wet Inc.
Assumption of Risk:
I am fully aware of the risks and hazards inherent to the participation of Stand Up Paddle Boarding (SUP) and other watersports. Such risks and hazards include, but are not limited to, being hit by or colliding with other Stand Up Paddlers, kayakers, boats, seagoing vessels, swimmers, rocks, cliffs and aquatic life. I am also aware of the risk of exhaustion, dehydration, water pollution, sun/heat exposure and accidental drowning. I further understand there is the possibility of death or serious physical or mental trauma or injury (ex. Paralysis) associated with SUP and Kayaking. I hereby voluntarily assume all risks of loss, damage, injury or death that may be sustained by me (or the person(s) I am legal guardian of, such as my child) and any damage to any of my property (or the person(s) I am legal guardian of, such as my child's property) while I am participating in activities with Wet Inc or renting equipment from Wet Inc.
In consideration of Wet Inc furnishing services to enable me to do a watersports activity, I hereby assume all risk of injury or loss of like to myself and loss of or damage to property arising out of my participation in such activity, and I specifically release Wet Inc, its guides, officers, and employees from any and all liability as to any right of action or claim to relief of every kind of nature whatsoever may accrue to me or my heirs or personal representatives for any injury, loss of life, or loss of or damage to property which I may suffer while participating in such tours.
Fitness For Participation:
I certify that I have (or the person(s) I am legal guardian of, such as my child) adequate insurance to cover any injury or damage I may (or the person(s) I am legal guardian of, such as my child) cause or suffer while participating in paddleboarding or other water activities, or else I agree to bear the costs of such injury or damage myself. I further declare that I am willing to assume the risk of any medical or physical condition I (or the person(s) I am legal guardian of, such as my child) may have, including, but not limited to: pregnancy, heart condition, back problems, loss of consciousness and/or epilepsy.
In respect of renting Stand Up Paddle Boards or participating in lessons or tours from Wet Inc, I hereby agree to:
To waive any and all claims that I have or may in the future have against Wet Inc and to release Wet Inc from any and all liability for any loss, damage, expense or injury, including death, that I may suffer or that my next of kin may suffer as a result of my participation in a Wet Inc activity due to any cause whatsoever, including negligence, breach of contract or breach of any statutory or other duty of care, on the part of Wet Inc, and further including the failure on the part of Wet Inc to safeguard or protect me from or warn me of the risks, dangers and hazards of participating in a Wet Inc Water Equipment Rental or physical activity;
To hold harmless and assure Wet Inc from any and all liability for any property damage or personal injury to any third party resulting from my participation in a Wet Inc Water Equipment Rental or physical activity;
This Release Agreement shall be effective and binding upon my heirs, next of kin, executors, administrators, assigns, and representatives, in the event of my death or incapacity;
This Release Agreement and any rights, duties and obligations as between the parties to this Release Agreement shall be governed by and interpreted solely in accordance with the laws of the State of Florida and no other jurisdiction;
Any litigation involving the parties to this Release Agreement shall be brought solely within the State of Florida;
When participating in the rental or use of wet Inc’s rental equipment or physical activities, I agree to accept all responsibility to maintain the condition and whereabouts of all the equipment rented for the entire rental period and to pay all repair and/or replacement costs for any damage or theft that may occur to equipment during the rental period. Should I damage a Stand Up Paddle Board or other water Equipment Rental Product, I agree to pay a damage fee not to exceed $300.00 per piece of equipment. Should I lose or damage a Stand Up Paddle Board or other water equipment rental product beyond repair, I agree to pay a replacement fee, based on MSRP not to exceed $750.00. Should I lose or severely damage a paddleboard or other water equipment rental product, I agree to pay a replacement fee, based on MSRP not to exceed $750.00;
If I am not present during the delivery or return of my Stand Up Paddle Board or other water equipment rental, I will be fully responsible for any loss, theft or damage to the board or kayak;
If the participant is a minor, the parent or legal guardian warrants and represents that this Release Agreement, it's significance and the assumption of risk, has been explained to and understood by the minor child or ward. I hereby declare, under penalty or perjury, that I am the parent or legal guardian of the named participant.
I understand that Wet Inc recommends that I wear a Personal Flotation Device (P.F.D.) while participating in any water activities, and that Wet Inc’s P.F.D.s are available to me for my use. I understand that Wet Inc carries no medical insurance on participants. I have carefully read this agreement and understand its contents. I am aware this is a waiver and a release of liability and I sign it voluntarily.
I knowing and freely assume all risk, both known and unknown, even those arising for the negligent acts or omissions of others and assume full responsibility for my participation, and, I, on behalf of myself, my personal representatives and my heirs, hereby release, discharge, and covenant not to sue Wet Inc, instructors, members, officers, and employees, other participants, owners and lessors of premises on which the activity takes place, (each considered one of the "releasees" herein) from all liability, claims, demands, losses, injuries, damage to property, or other damages on my account caused or alleged to be caused in whole or in part by the negligence of the "releasees" or otherwise, including negligent rescue operations; and I further agree that if, despite this release and waiver of liability, assumption of risk, and indemnity agreement I, or anyone on my behalf, makes a claim against any of the releasees, I will indemnify, save, and hold harmless each of the releasees from any litigation expenses, attorney fees, loss, liability, damage, or cost which any may incur as the result of such claim.
