Watersport Equipment Hire Waiver and Release of Liability In this contract, "I" refers to the hirer; "Club Casita" refers to The Boatyard Stays LTD trading as Club Casita. Errors or omissions in this document do not render any part of the content invalid or unenforceable.
1. Acknowledgment and Assumption of Risk
I acknowledge that using watersport equipment (including but not limited to Stand Up Paddle Boards, Kayaks, Pedalos and related gear) carries inherent risks of serious injury, disability, death, and property damage, including those caused by natural conditions, equipment failure, or acts of others.
I understand and agree that:
- This equipment is not a lifesaving device.
- It must be used only by competent and experienced open water swimmers. - Equipment must not be left unattended or used by unaccompanied children. - It must not be used in unsafe conditions (including strong winds, inclement weather, or unsuitable sea conditions).
- Proper clothing, safety equipment, and precautions must always be used.
2. Confirmations and Responsibilities
I confirm that:
- I have assessed current weather and sea conditions and deem them safe for use. - I take full responsibility for my own safety and that of others while using or transporting the equipment.
- I will not permit any unauthorised person to use the equipment.
- I have inspected the equipment and am satisfied with its condition and suitability. - I possess the necessary skills, experience, and physical condition to participate safely. - I will inform someone of my intentions, departure and return times, and route. - I am responsible for any loss, theft, or damage to the equipment during the hire period. - I will not use the equipment while under the influence of alcohol, drugs, or if feeling unwell.
3. Waiver, Release, and Indemnification
In consideration of renting and using the equipment:
- I voluntarily waive and release Club Casita, its owners, officers, directors, employees, agents, and affiliates from any and all claims, demands, actions, or causes of action, including those based on negligence, arising from injury, illness, death, or property damage connected to the use of the equipment.
- This waiver extends to all legal theories of liability, including negligence or failure to warn, and applies even if Club Casita's negligence contributed to the incident. - I agree to indemnify and hold harmless Club Casita against any claims, damages, losses, or
expenses (including legal costs) resulting from my use of the equipment or from claims by third parties.
4. Important Safety Notice
I acknowledge the importance of:
- Wearing a flotation device/life jacket, leash, and other protective gear. - Using equipment only in safe and appropriate conditions.
- Being offered and advised on the use of necessary safety equipment.
5. Responsibility for Equipment
I am responsible for the replacement cost of the equipment if it is lost, stolen, or damaged. I understand that insurance coverage is my responsibility and not provided by Club Casita.
6. Legal Understanding and Enforcement
I understand that:
- This waiver and release is intended to be as broad and inclusive as permitted by the laws of England and Wales.
- If any portion of this waiver is held invalid, the remaining terms shall continue in full force and effect.
- This agreement shall be governed by English law, and any disputes shall be subject to the exclusive jurisdiction of the courts of England and Wales.
7. Parent/Guardian Consent for Child Participants
If the participant is under 18 years of age:
I, the undersigned parent or legal guardian of the child participant, have read and understand this waiver. I consent to the child's use of the equipment and participation in the activity. I accept full responsibility for the child's safety and agree to waive and release all claims against Club Casita as outlined above, including claims for negligence.
8. Agreement
I HAVE CAREFULLY READ THIS AGREEMENT, FULLY UNDERSTAND ITS CONTENTS, AND SIGN IT VOLUNTARILY. I AGREE TO RELEASE, WAIVE, AND DISCHARGE CLUB CASITA FROM ANY LIABILITY FOR INJURY, ILLNESS, DEATH, OR DAMAGE ARISING FROM EQUIPMENT USE.I AGREE NOT TO PARTICIPATE IF I AM UNDER THE INFLUENCE OF ALCOHOL, DRUGS, OR IF I FEEL UNWELL.