WAIVER AND RELEASE OF LIABILITY AGREEMENT – FLORIDA
I. DISCLAIMER This Waiver and Release is applicable to all renters, operators, passengers, and users of equipment provided by Hidden Key Marina, LLC. *(For purposes of this Waiver and Release, the term “Hidden Key Marina, LLC” includes all employees, agents, representatives, servants, assigns, successors, insurers and subsidiaries of Hidden Key Marina, LLC). If any other rental agreement is used in addition to, our in conjunction with, this Release, the provisions of this Release shall prevail over any other clauses in the rental agreement that are inconsistent with this Release. The undersigned agrees that he/she is also signing this Release on behalf of undersigned’s minor children. Renter agrees that he/she will disclose to Hidden Key Marina, LLC all potential operators, passengers, and users of said rental equipment. Renter further agrees that in the event that he/she fails to notify Hidden Key Marina, LLC of all potential operators, passengers, or users of said equipment, he/she will be personally liable for any damages to the undisclosed individuals, even if such damages arise out of the negligence or fault of Hidden Key Marina, LLC.
II. EXPRESS ASSUMPTION OF RISK The undersigned hereby agrees that he/she is renting, operating or using the equipment provided by Hidden Key Marina, LLC at his/her own risk. The undersigned agrees that he/she is voluntarily participating in all activities related to the rental, operation, or use of the rental equipment, and assumes all risk of injury, illness, damage or loss that might result, even if the risks arise out of the negligence or fault of Hidden Key Marina, LLC.
III. WAIVER/RELEASE OF LIABILITY By the execution of this Release, the undersigned agrees that Hidden Key Marina, LLC shall not be liable for any damages arising from personal injuries sustained by the undersigned or any minor children under the undersigned’s custody, care, and control, as a result of any and all activities related to the rental, operation, or use of equipment provided by Hidden Key Marina, LLC. The undersigned assumes full responsibility for any such injuries or damages which may occur, and further agrees that Hidden Key Marina, LLC shall not be liable for any loss or theft of personal property. The undersigned specifically agrees that Hidden Key Marina, LLC shall not be responsible for such injuries, damages, loss or theft, EVEN IN THE EVENT OF NEGLIGENCE OR FAULT BY Hidden Key Marina, LLC, whether such negligence is present at the signing of this Release or takes place in the future. This Waiver and Release does not apply to gross negligence or intentional torts by Hidden Key Marina, LLC.
IV. LIABILITY TO THIRD PARTIES The undersigned hereby agrees that he/she will indemnify and hold harmless Hidden Key Marina, LLC for all personal injuries, property damages, or any other damages to any and all third parties, including, but not limited to, operators and passengers of other watercraft and minor children under the undersigned’s custody, care, and control, as a result of any and all activities related to the rental, operation, or use of equipment provided by Hidden Key Marina, LLC, even if such damages arise out of negligence or fault of Hidden Key Marina, LLC.
V. ACKNOWLEDGMENT OF WAIVER AND RELEASE The undersigned states that he/she has had sufficient time to review the Waiver and Release and to ask any questions associated with said Release. The undersigned further states that he/she has carefully read the forgoing Waiver and Release, knows that contents thereof, and has signed this Release as his/her own free act. The undersigned warrants that he/she is aware that he/she may rent, operate, or use equipment from another rental facility, but has chosen to rent, operate, or use equipment from Hidden Key Marina, LLC with the knowledge that signing this Release is a requirement for rental, operation, and use of said equipment. The undersigned further warrants that he/she is fully aware that he/she is waiving any right he/she may have to bring a legal action to assert a claim against Hidden Key Marina, LLC for Hidden Key Marina, LLC’s negligence.