In consideration of my being permitted to rent, use or operate the above described Equipment, I, on behalf of myself and my heirs, children, agents, administrators and assigns, hereby release and forever discharge Marriott International Inc., JW Marriott Orlando Grande Lakes, the Ritz-Carlton Orlando Grande Lakes, and each of their respective affiliates, officers, directors, shareholders, agents, employees, successors, owners and assigns (collectively, the “Released Parties”) from all causes of action, suits, debts, damages, claims and demands of any type or kind whatsoever, including but not limited to claims of negligence or claims involving personal injury (including death) or property damage (collectively, “Claims”), arising from or in connection with the use and operation of the Equipment. With respect to Claims released on behalf of minor children who may use, operate or be a passenger in the Equipment, the foregoing release shall be limited to Claims resulting from an inherent risk related to the use or operation of the Equipment. I further certify as follows:
1. I have received instruction in the safe use and operation of the Equipment in compliance with applicable laws and standards, and I am of legal age (18 years old or older) to enter into this Waiver and Release and to rent the Equipment. I will not allow underage person(s) to operate the Equipment without my presence and supervision.
2. I agree to assume all responsibility for any damage incurred to the Equipment or other property, real or personal, during my rental period and associated with the use of the Equipment. I agree to indemnify and hold the Released Parties harmless from all Claims resulting from or related to my use of the Equipment.
3. I agree that all persons in my party will at all times during the use of the Equipment wear the life vests provided with the Equipment.
4. I recognize there are certain risks involved in the operation of certain sport or recreation equipment, and that such equipment is inherently dangerous and may result in injury to others or myself, and I accept sole responsibility for any injuries so incurred during use of the Equipment.
5. I understand and agree that my failure to return the Equipment will result in my being billed the entire replacement value of the Equipment.
6. This Waiver and Release shall be binding upon my assignees, heirs, next of kin, executors and administrators to the fullest extent permitted by applicable law, and may be pled by the Released Parties as a complete bar and defense against any Claim by me or on my behalf or on behalf of my minor children.
7. In the event any term or provision of this Waiver and Release is held to be invalid by any court of competent jurisdiction such invalid term or provision shall be severed and shall not affect the validity and enforceability of any other term or provision herein contained. This Waiver and Release shall be governed by and construed in accordance with the laws of the State of Florida without regarding to principles of conflicts of law.
If the Renter is executing this Waiver and Release on behalf of a minor child, the following applies in accordance with Section 744.301, Florida Statutes:
NOTICE TO THE MINOR CHILD’S NATURAL GUARDIAN
READ THIS FORM COMPLETELY AND CAREFULLY. YOU ARE AGREEING TO LET YOUR MINOR CHILD ENGAGE IN A POTENTIALLY DANGEROUS ACTIVITY. YOU ARE AGREEING THAT, EVEN IF THE RELEASED PARTIES USE REASONABLE CARE IN PROVIDING THIS ACTIVITY, THERE IS A CHANCE YOUR CHILD MAY BE SERIOUSLY INJURED OR KILLED BY PARTICIPATING IN THIS ACTIVITY BECAUSE THERE ARE CERTAIN DANGERS INHERENT IN THE ACTIVITY 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 RELEASED PARTIES 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 RELEASED PARTIES HAVE THE RIGHT TO REFUSE TO LET YOUR CHILD PARTICIPATE IF YOU DO NOT SIGN THIS FORM.
I HAVE READ AND FULLY UNDERSTAND THE TERMS OF THIS WAIVER AND RELEASE. I AM AWARE THIS IS A RELEASE OF LIABILITY AND WAIVER OF CERTAIN LEGAL RIGHTS.
