In consideration of being allowed to participate in any way in Captain Jolleys Paddle Boats rental program, and related events and activities, the undersigned agrees to the following:
1. Prior to participating, I will inspect the facilities and equipment to be used, and if I believe it is unsafe, I will immediately advise an instructor, guide, aid, or other event organiser of such condition(s) and refuse to participate.
2. I acknowledge and fully understand that I will be engaging in activities that involve risk of damage to personal property or serious injury, including permanent disability and death, and severe social and economic losses which might result not only from my own actions, inactions or negligence, but the actions, inactions or negligence of others, the condition of the premises, or of any equipment used. Further, there may be other risks not known or not reasonably foreseeable at this time.
3. I further acknowledge and fully understand the risks posed by other boat traffic, changing weather conditions, and paddling beyond the areas designated by Captain Jolleys Paddle Boats. I was made aware of these risks in the Captain Jolleys Paddle Boats rental safety guidelines, and I agree to abide by the restrictions set forth.
4. I assume all of the foregoing risks and accept personal responsibility for all expenses, medical or otherwise, following any such damages, injury, permanent disability, or death.
5. I release, waive, discharge and covenant not to sue Captain Jolleys Paddle Boats, its members, officers, operators, agents, employees, volunteers, participants, affiliated clubs and organisations, and if applicable, owners and leasers of premises used to conduct the event, all of which are hereinafter referred to as “releasees”, from any and all liability to me my heirs and next of kin from any and all claims, demands, losses or damages on account of injury, including death or damage to property, caused or alleged to be caused in whole or in part by the negligence of the releasees or otherwise.
6. As part of the consideration tendered for my (or my child/ward) being permitted to participate in the Captain Jolleys Paddle Boats Rental Concession on the date below, I agree (for and on behalf of myself and my child/ward) to, and do hereby, waive any and all claims against, and agree to hold harmless, and indemnify, Popeye Motor Launches, its officers, employees, agents, and volunteers, from any and all claims related to any illness, injury, including loss of life, property damage, or loss of any other description which I (or my child/ward) may sustain arising out of, or in any way associated with, my (or my child/ward’s) participation in the Captain Jolleys Paddle Boats Rental Concession.
7. Captain Jolleys Paddle Boat equipment rental is dependent on weather. We reserve the right to decline or cancel hire at any stage based on current weather conditions and forecasts, irrespective of the participants perceived skill level. Furthermore, we reserve the right to alter or limit the areas in which rental clients can paddle based on weather conditions and perceived skill levels.
8. We ask that you respect our equipment while it is in your possession. Please report any problems you experience and any damage caused and/or any repairs needed. Any costs incurred in the retrieval/repair, cleaning or replacement of equipment will be the sole responsibility of the hirer. Damaged or lost equipment shall be repaired whenever possible and replaced if necessary. The cost of all Paddle Boat repairs or replacement is the responsibility of the hirer.
9. Each participant in the hire of this equipment must complete and sign a liability waiver and Acceptance of Risk. Participants who do not complete these forms or do not sign the Acceptance of Risk will not be permitted to use the equipment. Any participants under 18 year of age must have their forms signed by a parent of guardian accompanying them.
I HAVE READ THE ABOVE LIABILITY WAIVER AND ACCEPTANCE OF RISK, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND SIGNED IT VOLUNTARILY.
