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THIS AGREEMENT, made the day this agreement was signed below, and ending at the end of your schedule event, by and between
(“Client”), and Lady Pamela, Lady Pamela II, Rentalboat.com hereafter called ("Company"). Client and Company, for the consideration hereafter named, agree as follows:
As consideration for being allowed to participate or rent with or from Client, Boat Charter, Fishing Charter, Boat Rental or participate in any party and/or program and/or event with Client, the undersigned, on his, her, their own behalf, and on the behalf of any minor participant(s), if any, identified below (the “Participant(s)”), acknowledges, appreciates, understands, and agrees to the following:
1. I am at least 18 years old and am legally competent to understand and complete this Agreement. I hereby execute this Agreement without coercion. I represent that I am the parent or legal guardian of any Participant(s) under the age of 18 years of age, if any, identified below. The Participant(s) if any, and I are of physical ability to participate and be present for any of the following events: Boat Charter, Fishing Charter, Boat Rental.
2. I recognize, acknowledge, agree, and understand that there are known, and unknown risks associated with Boat Charters, Fishing Charters and Boat Rentals. Participation in and on any Boat Charter, Fishing Charter and Boat Rental activities. These risks include but are not limited to: sea-sickness, contusions, fractures, scrapes, cuts, bumps, paralysis, drowning or death, as well as exposure to bacteria, fungus, viruses, unknown contagious diseases, and/or COVID-19.
3. I, for myself and the Participant(s), willingly assume any risks associated with our presence and participation and accept that there are also risks that may arise due to other participants, which I also willingly assume.
4. I certify that I have adequate insurance to cover any injury, sickness, illness, or damage that I or the Participant may cause or suffer while present on Company property or Company vessels or while participating in any activities being provided by the Company, or if not, that I shall bear all costs and expenses associated with or arising out of any injury, sickness, illness, or damages to myself, the Participant(s), or others. I further certify that I am willing to assume the risk of any medical or physical condition the Participant(s) or I may have.
5. I agree that the Participant(s) and I shall comply with all stated and customary terms, posted safety signs, rules, and verbal instructions from Client’s staff as conditions for our presence and participation in any activities of any nature while on Company Property and Company Vessels. Additionally, I understand that Hard Liquor is never permitted, and that the Captain’s Word is the law while on a Company Vessel. Any drugs or other illegal items will be called into the US Coastguard as required who will take proper action.
6. I, for myself, the Participant(s), and our respective heirs, assigns, representatives, family members, estates, and next of kin, hereby waive, release, hold harmless, and indemnify the owner(s) of Lady Pamela, Lady Pamela II, Rentalboat.com, and their respective predecessors, successors, parents, subsidiaries, affiliates, officers, members, directors, and employees (collectively, the “Released Parties”) from and against any and all actual or alleged injuries, liabilities, or damages related to our presence or participation, except for those arising from the gross negligence or willful misconduct of the Released Parties.
7. I additionally agree to indemnify, hold harmless, and defend the Released Parties for, from, and against any defense costs or expenses arising from or related to any and all actual or alleged claims, injuries, liabilities, or damages related to our presence or participation, except for those arising from the gross negligence or willful misconduct of the Released Parties.
8. I understand that entry, by myself and the named Participant(s), onto Company property or vessels constitutes consent for Company to use any film, video, or likeness of me and the Participant for any purpose whatsoever, without payment to us.
9. The invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of any other provision of this Agreement, which shall remain in full force and effect.
10. Any controversy, dispute, or claim arising out of or related to this Agreement, which the parties are unable to resolve by mutual agreement, shall be settled, exclusively by submission by either party of the controversy, claim, or dispute to binding arbitration. The arbitration shall take place, at Company’s sole option, in Broward County, Florida. The arbitration shall be before a single arbitrator in accordance with the rules of the American Arbitration Association then in effect. If, for whatever reason, the parties elect to not arbitrate a matter, each waive their right to a jury trial.
11. By signing this document, I acknowledge that I am voluntarily giving up important legal rights and that if anyone is hurt or property is damaged during our presence or participation in any activities, I may be found by a court or arbitrator to have waived my right to maintain a lawsuit or pursue damages on my own behalf and on behalf of the Participant(s) against the Released Parties for any claim from which I may have released them in this Agreement.
INDEMNITY. Client and respective Participant(s) shall indemnify Company against, and hold Company harmless from, any and all claims, actions, suits, proceedings, costs, expenses, damages, and liabilities, including attorney’s fees, arising out of, connected with, or resulting from the activities or use of or participation in on or around a Company Vessel or Company property, including without limitation, the manufacture, selection, delivery, leasing, renting, control, possession, use, operation, maintenance or return of the equipment. Client shall further indemnify the Company and hold Company harmless from all loss and damage to the equipment during the activity and or rental period. Client recognizes and agrees that included in this indemnity clause, but not by way of limitation, is Client’s assumption of any and all liability for injury: disability and death of Client or Participant(s) caused by the activities or company property utilized for and by the activity, during the rental period.
EXPENSES. Client shall pay Company all costs and expenses, including attorneys’ fees, incurred by Company in exercising any of its rights or remedies hereunder or enforcing any of the terms, conditions, or provisions hereof.
ENTIRE AGREEMENT. This instrument constitutes the entire agreement between Company and Client; and it shall not be amended, altered or changed except by a written agreement signed by the parties hereto.