Demo Liability Agreement
I, the user of Seacoast Paddleboard Club, LLC equipment and/or the parent or guardian of a minor or dependent who will use Seacoast Paddleboard Club, LLC equipment (henceforth referred to as “the Lessee” “the Participant” and/or “I” or “me”) hereby enter into this binding Liability Release, Hold Harmless and Indemnity Agreement (henceforth referred to as “the Agreement”) by my initials/signature below.
1) I am an adult at least 18 years of age, or I am the parent/legal guardian of a minor or dependent Participant. I assume risk and responsibility for all conditions stipulated in this contract.
2) I am a competent swimmer, fully capable of operating and using the rental equipment in the manner intended, and that I understand the equipment’s use and function. I have no medical or physical condition which could interfere with my safety in this activity, and I confirm that I am not under the influence of any substance or medication which may impair my ability to engage in these activities.
3) I understand it is required by law to have a properly fitted U.S. Coast Guard-approved personal flotation device (“Lifejacket”) while in and on the water. I hereby acknowledge that I am responsible for providing my own Lifejacket. I understand that stand-up paddle boarding and other water activities should be undertaken after proper instruction and training and that Seacoast Paddleboard Club, LLC (“the Lessor”) is not providing such training in connection with the demo of equipment. I assume full responsibility for deciding where, when, and with whom to paddle. I also acknowledge and agree that the demo equipment provided by Seacoast Paddleboard Club, LLC is for the sole and exclusive use of the undersigned and may not be used by any other person.
4) I understand that demo equipment is intended only for use during SPC sanctioned events such as the organization's Tuesday Night Community Paddle. Seacoast Paddleboard Club, LLC does not authorize the launching, or any use of demo equipment, from the drop-off/pick-up location(s) if outside of intended use area.
5) In consideration of being permitted to demo equipment, I agree to assume full responsibility for and risks, injuries or damages, known or unknown, which I might incur as a result of participating in water activities. I am aware that kayaking/ paddle boarding in open or closed water involves risks, dangers, and hazards, including but not limited to: physical exertion, inclement weather, capsizing of watercraft, immersion in water, tides and currents, hypothermia, hyperthermia, accidents or illness in remote areas, tripping or slipping on rocks, travel to/from site, other boats or boaters, equipment failure and malfunction, loss and/or damage to personal property, drowning, paralysis, or death. I acknowledge that Seacoast Paddleboard Club, LLC may fail to predict whether the water is safe for the activity or whether a current, wave, or weather condition may occur.
6) Acknowledgement of Risks and Release: I understanding that the activity for which I am demoing equipment from Seacoast Paddleboard Club, LLC has inherent risks, hazards and dangers for anyone, which cannot be eliminated, particularly in a wilderness environment. I am voluntarily using the services if Lessor with full knowledge of this and hereby fully assume and accept any and all risks or injury, paralysis, or death.
7) I agree that demo equipment has been inspected by me for any defects or deficiencies. Acceptance or use of demo equipment by Lessee will be deemed to be an acknowledgement that the equipment is in good operating condition. Lessee has notified Lessor as to any defects or deficiencies with respect to the condition of the equipment or its accessories, and hereby acknowledges that the kayak/ paddle board, and its accessories, were received (and shall therefore be returned) in satisfactory working condition.
8) I acknowledge that I am financially responsible for any and all damages incurred during my demo. This includes any damages to private property or any equipment, including paddle board(s) provided by Seacoast Paddleboard Club, LLC. I understand that I will be charged for the total cost of repairs. I also acknowledge that Seacoast Paddleboard Club, LLC is not responsible for any property left stored, lost or transported by Lessee or any other person in, on, or upon demo equipment, or in or around Lessor’s property before, during, or after demo.
9) I will be responsible for the replacement, at full current value, and loss-of-use of any equipment demoed under this form which is lost, stolen, damaged, or otherwise not returned to Seacoast Paddleboard Club, LLC. I agree to return all demo equipment by the agreed time and date or I shall incur a late fee.
9) Seacoast Paddleboard Club, LLC reserves the right to terminate at any time the use of demo equipment if it is found that the Lessee is operating said equipment in a reckless manner, or in any way endangering the wellbeing of themselves or others.
10) The member has read and agreed to the terms of the Agreement, the terms of which are incorporated by reference herein, and states: “I, for myself or my child, my heirs, successors, executors and subrogates, hereby knowingly and intentionally waive and release, indemnify and hold harmless Lessor Seacoast Paddleboard Club, LLC, their agents, affiliates, employees and volunteers from and against any and all claims, actions, causes of action, liabilities, suits, expenses (including reasonable attorney fees) which are related to, arise out of, or are in any way connected with my, or my child’s, participation in this activity including, without limitations, negligence of any kind or nature, whether foreseen or unforeseen, arising directly or indirectly out of any damage, loss, injury, paralysis or death to me or my child as a result of engaging in the activities or use of the demo equipment, even without using a life jacket, whether or not such damage, loss, injury, paralysis or death results from negligence of member or from some other cause, and I further agree not to sue Lessor as a result of any injury, paralysis, or death in connection with my use and participation in the activities of kayaking/ (stand up) paddle boarding.
