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Byhousedelafunk

40-yacht

Byhousedelafunk

Waiver

HDLF CORP LLC AND HDLF BOAT RENTALS

Liability Release Form

You are responsible for all damages occurred

I UNDERSTAND THAT THERE ARE INHERENT RISKS INVOLVED WITH BOATS AND WATER RECREATIONAL ACTIVITIES, including but not limited to equipment failure, perils of the sea, acts of other participants, and adverse sea and weather conditions, and I HEREBY ASSUME-SUCH-RISKS.

I understand that I am responsible for all physical damage to equipment billed at $200 per inch. Also responsible for water intrusion to engine billed at $1000.

I UNDERSTAND THAT I HAVE THE DUTY TO EXERCISE REASONABLE CARE FOR MY OWN SAFETY AND I AGREE TO DO SO.

I assert that I am physically and mentally fit to ride on a boat and/or participate in this Water Recreational Activity and I will not hold HDLF CORP LLC or HDLF BOAT RENTALS or their employees agents or other associated personnel responsible if I am injured as a result of any problems (medical, accidental, or otherwise) which might occur while chartering the equipment or otherwise participating on the trip. I fully understand that HDLF CORP LLC or HDLF BOAT RENTALS has limited access to medical facilities and that in the event of illness or injury, appropriate care must be summoned by radio/phone and treatment will be delayed until I can be transported to a proper medical facility, I agree in advance to these conditions. HDLF CORP LLC or HDLF BOAT RENTALS have made no representations to me, implied or otherwise, that they or their Employees can or will perform safe rescues or render first aid, signs in of the distress event or I show call for aid, I would like assistance and will not hold HDLF CORP LLC or HDLF BOAT RENTALS or their employees responsible for their actions in attempting the performance or rescue of first aid.

I agree to forever discharge and release HDLF CORP LLC or HDLF BOAT RENTALS its Employees and Agents and Affiliates, from any and all responsibility or liability for any and all injuries to myself, to others and damages to the property belonging to HDLF CORP LLC or HDLF BOAT RENTALS.

I agree NOT to make a claim against or sue any of the above parties for injuries. I further specifically agree, on behalf and myself, and my heirs, to indemnify and hold harmless the released parties for any and all causes of action arising as a consequence of any incidents which might occur during my participation in any activities with or involving the released parties.

I HAVE READ THIS AGREEMENT, UNDERSTAND IT AND AGREE TO BE BOUND BY IT, FROM THE DATE OF MY SIGNATURE, FOREVER INTO THE FUTURE.

WARNING!

IN CONSIDERATION OF the risk of injury that exists while participating in a BOAT RENTAL, BOAT CHARTER (hereinafter the "Activity"); and IN CONSIDERATION OF my desire to participate in said Activity and being given the right to participate in same:

I HEREBY, for myself, my heirs, executors, administrators, assigns, or personal representatives (hereinafter collectively, "Releasor," "I" or "me", which terms shall also include Releasor's parents or guardian if Releasor is under 18 years of age), knowingly and voluntarily enter into this WAIVER AND RELEASE OF LIABILITY and hereby waive any and all rights, claims or causes of action of any kind arising out of my participation in the Activity; and I HEREBY release and forever discharge HDLF CORP LLC or HDLF BOAT RENTALS, located at POMPANO BEACH, FL - 33064, their affiliates, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors and assigns (collectively "Releases"), from any physical or psychological injury that I may suffer as a direct result of my participation in the aforementioned Activity.

I AM VOLUNTARILY PARTICIPATING IN THE AFOREMENTIONED ACTIVITY AND I AM PARTICIPATING IN THE ACTIVITY ENTIRELY AT MY OWN RISK. I AM AWARE OF THE RISKS ASSOCIATED WITH PARTICIPATING IN THIS ACTIVITY, WHICH MAY INCLUDE, BUT ARE NOT LIMITED TO: PHYSICAL OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING, ILLNESS, DISFIGUREMENT, TEMPORARY OR PERMANENT DISABILITY (INCLUDING PARALYSIS), ECONOMIC OR EMOTIONAL LOSS, AND DEATH. I UNDERSTAND THAT THESE INJURIES OR OUTCOMES MAY ARISE FROM MY OWN OR OTHERS' NEGLIGENCE, CONDITIONS RELATED TO TRAVEL TO AND FROM THE ACTIVITY, OR FROM CONDITIONS AT THE ACTIVITY LOCATION(S). NONETHELESS, I ASSUME ALL RELATED RISKS, BOTH KNOWN AND UNKNOWN TO ME, OF MY PARTICIPATION IN THIS ACTIVITY.

I FURTHER AGREE to indemnify, defend and hold harmless the Releases against any and all claims, suits or actions of any kind whatsoever for liability, damages, compensation or otherwise brought by me or anyone on my behalf, including attorney's fees and any related costs.

I FURTHER ACKNOWLEDGE that Releases are not responsible for errors, omissions, acts or failures to act of any party or entity conducting a specific event or activity on behalf of Releases. In the event that I should require medical care or treatment, I authorize HDLF CORP LLC or HDLF BOAT RENTALS to provide all emergency medical care deemed necessary, including but not limited to, first aid, CPR, the use of AEDs, emergency medical transport, and sharing of medical information with medical personnel. I further agree to assume all costs involved and agree to be financially responsible for any costs incurred as a result of such treatment. I am aware and understand that I should carry my own health insurance.

I FURTHER ACKNOWLEDGE that this Activity may involve a test of a person's physical and mental limits and may carry with it the potential for death, serious injury and property loss. I agree not to participate in the Activity unless I am medically able and properly trained, and I agree to abide by the decision of HDLF CORP LLC or HDLF BOAT RENTALS, official or agent, regarding my approval to participate in the Activity.

I HEREBY ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS "WAIVER AND RELEASE" AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY. I EXPRESSLY AGREE TO RELEASE AND DISCHARGE HDLF CORP LLC, HDLF BOAT RENTALS AND ALL OF ITS AFFILIATES, MANAGERS, MEMBERS, AGENTS, ATTORNEYS, STAFF, VOLUNTEERS, HEIRS, REPRESENTATIVES, PREDECESSORS, SUCCESSORS AND ASSIGNS, FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION AND I AGREE TO VOLUNTARILY GIVE UP OR WAIVE ANY RIGHT THAT I OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST HDLF CORP LLC OR HDLF BOAT RENTALS FOR PERSONAL INJURY OR PROPERTY DAMAGE.

To the extent that statute or case law does not prohibit releases for ordinary negligence, this release is also for such negligence on the part of HDLF CORP LLC or HDLF BOAT RENTALS, its agents, and employees.

I agree that this Release shall be governed for all purposes by Florida law, without regard to any conflict of law principles. This Release supersedes any and all previous oral or written promises or other agreements.

In the event that any damage to equipment or facilities occurs as a result of my or my family's or my agent's willful actions, neglect or recklessness, I acknowledge and agree to be held liable for any and all costs associated with any such actions of neglect or recklessness.

THIS WAIVER AND RELEASE OF LIABILITY SHALL REMAIN IN EFFECT FOR THE DURATION OF MY PARTICIPATION IN THE ACTIVITY, DURING THIS INITIAL AND ALL SUBSEQUENT EVENTS OF PARTICIPATION.

THIS AGREEMENT was entered into at arm's-length, without duress or coercion, and is to be interpreted as an agreement between two parties of equal bargaining strength. Both Participant, HDLF CORP LLC or HDLF BOAT RENTALS agree that this agreement is clear and unambiguous as to its terms, and that no other evidence shall be used or admitted to alter or explain the terms of this agreement, but that it will be interpreted based on the language in accordance with the purposes for which it is entered into.

In the event that any provision contained within this Release of Liability shall be deemed to be severable or invalid, or if any term, condition, phrase or portion of this agreement shall be determined to be unlawful or otherwise unenforceable, the remainder of this agreement shall remain in full force and effect. If a court should find that any provision of this agreement to be invalid or unenforceable, but that by limiting said provision it would become valid and enforceable, then said provision shall be deemed to be written, construed and enforced as so limited.

I, THE UNDERSIGNED PARTICIPANT, AFFIRM THAT I AM OF THE AGE OF 18 YEARS OR OLDER, AND THAT I AM FREELY SIGNING THIS AGREEMENT. I CERTIFY THAT I HAVE READ THIS AGREEMENT, THAT I FULLY UNDERSTAND ITS CONTENT AND THAT THIS RELEASE CANNOT BE MODIFIED ORALLY. I AM AWARE THAT THIS IS A RELEASE OF LIABILITY AND A CONTRACT AND THAT I AM SIGNING IT OF MY OWN FREE WILL IN REPRESENTATION OF MYSELF AND MY GROUP.

READ THE ABOVE BEFORE SIGNING. BY SIGNING BELOW, YOU ARE AGREEING THAT YOU READ THE ABOVE AND THAT YOU AGREE TO THE CONTENT CONTAINED ABOVE.

Please verify that your information is accurate before submitting.

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