ASSUMPTION OF RISK AND RELEASE OF LIABILITY
The individual named below (referred to as "I" or "me") desires to participate in boat tour services on and around Lake Gaston (the "Activity") provided by The Gaston LLC, a Virginia limited liability company with an office located at 345 Lookout Point Dr., Valentines, Virginia 23887 (the "Company"). In consideration of being permitted by the Company to participate in the Activity and in recognition of the Company's reliance hereon, I agree to all the terms and conditions set forth in this document (this "Release").
I accept and understand that: (a) If I am engaging the Company on behalf of a group in order for the group to participate in the Activity together, I am primarily responsible for ensuring that each member of the group has executed this Release; (b) I must abide by all rules instituted by the Company, or any of its employees or agents, at any and all times; (c) I am solely responsibility for my own personal safety, and the personal safety of any minors or wards in my care; and (d) I may be removed, or the Activity may be terminated, without refund, at any time for behavior deemed improper or unsafe by the Company or any employee of Company.
ASSUMPTION OF RISK. I AM AWARE AND UNDERSTAND THAT THE ACTIVITY IS A POTENTIALLY DANGEROUS ACTIVITY AND INVOLVES THE RISK OF PERSONAL OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING, TEMPORARY OR PERMANENT DISABILITY, DEATH, PROPERTY DAMAGE, AND/OR FINANCIAL LOSS. I UNDERSTAND THAT THERE ARE INHERENT RISKS INVOLVED WITH BOATING, SWIMMING, AND OTHER AQUATIC ACTIVITIES, INCLUDING, BUT NOT LIMITED TO CHANGING WATER FLOW, WATERCRAFT WAKES OR WAVES, MY SENSE OF BALANCE, PHYSICAL COORDINATION, ABILITY TO SWIM, INCLEMENT WEATHER AND EXPOSURE TO THE ELEMENTS, EQUIPMENT FAILURE, HARM CAUSED BY OTHER VESSELS, ACTS OF FELLOW PARTICIPANTS, ENTERING AND EXITING THE WATER, SWIMMING, BOARDING OR DISEMBARKING BOATS, ACTIVITIES ON THE SHORE OR SANDBARS, AND ACTIVITIES ON THE DOCKS. I ACKNOWLEDGE THAT ANY INJURIES THAT I SUSTAIN MAY RESULT FROM OR BE COMPOUNDED BY THE ACTIONS, OMISSIONS, OR NEGLIGENCE OF THE COMPANY, INCLUDING NEGLIGENT EMERGENCY RESPONSE OR RESCUE OPERATIONS OF THE COMPANY. NOTWITHSTANDING THE RISK, I ACKNOWLEDGE THAT I AM KNOWINGLY AND VOLUNTARILY PARTICIPATING IN THE ACTIVITY WITH AN EXPRESS UNDERSTANDING OF THE DANGER INVOLVED AND HEREBY AGREE TO ACCEPT AND ASSUME ANY AND ALL RISKS OF INJURY, DISABILITY, DEATH, AND/OR PROPERTY DAMAGE ARISING FROM MY PARTICIPATION IN THE ACTIVITY, WHETHER CAUSED BY THE ORDINARY NEGLIGENCE OF THE COMPANY OR OTHERWISE.
Initials
Liability Release. To the fullest extent permitted by applicable law, I hereby expressly waive and release any and all claims, now known or hereafter known, against the Company, and its officers, members, manager(s), employees, agents, affiliates, representatives, successors, and assigns (collectively, "Releasees"), on account of injury, disability, death, or property damage arising out of or attributable to my participation in the Activity, whether arising out of the ordinary negligence of the Company or any Releasees or otherwise. I covenant not to make or bring any such claim against the Company or any other Releasee, and forever release and discharge the Company and all other Releasees from liability under such claims. This waiver and release does not extend to claims for gross negligence, willful misconduct, or any other liabilities that Virginia law does not permit to be released by agreement.
Indemnification. To the fullest extent permitted by applicable law, I shall defend, indemnify, and hold harmless the Company and all other Releasees against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorney fees, fees, the costs of enforcing any right to indemnification under this Release, and the cost of pursuing any insurance providers, arising out of, resulting from, or related to my participation in the Activity, including any claim related to my own negligence.
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Alcohol Release.
I acknowledge that the Activity may involve the consumption of alcohol by me or others. I understand that the legal drinking age is twenty-one (21), and that if I am under the age of twenty-one (21), I am prohibited from consuming alcohol. I fully understand the potential risks and damages associated with the consumption of alcohol by me and am aware that such risks include injury to person or property and even death. I am aware that consuming alcohol may increase the risk associated with participating in the Activity. I understand that the Company does not require me to consume alcohol to participate in the Activity. If I consume alcohol, I am doing so voluntarily and at my own risk and agree to release, indemnify, and hold harmless the Company and any Releasees from all liability, claims, demands or causes of action for any injury, disability, death, or loss or damage to person or property sustained by me in connection with my consumption of alcohol.
Life Preservers.
I acknowledge that I (and any minors or wards in my care) have received, or will receive, life preservers and understand how they are used. I acknowledge that I (and any minors or wards in my care) have been encouraged by the Company to wear a life preserver during the duration of my/our participation in the Activity. If I (or any minors or wards in my care) do not wear a life preserver throughout the duration of the Activity, I/we do so voluntarily and at our own risk.
Medical Treatment.
I hereby consent to receive medical treatment deemed necessary if I am injured or require medical attention during my participation in the Activity. I understand and agree that I am solely responsible for all costs related to such medical treatment and any related medical transportation and/or evacuation. I hereby release, forever discharge, and hold harmless the Company from any claim based on such treatment or other medical services.
Likeness Release.
I hereby consent to having my picture taken and likeness recorded in connection with the Company's website, social media, educational and marketing publications. I give the Company and its successors and assignees, the right to use, reproduce, publish, or distribute my name, likeness, photograph(s), and recordings for educational, publication or marketing purposes without any compensation to me. I understand that the Company shall have total and exclusive control over the use of my name, likeness, photograph(s), voice, and recordings for the purposes stated herein, and I waive any right to inspect or approve any proposed publication, in any medium. I agree that the use of my name, likeness, photograph(s), voice, and recordings by the Company confers upon me no rights to use, ownership or copyright. I release the Company and any Releasees and their contractors (including photographers and videographers) from all liability which may arise from any and/or all claims by me or any third party in connection with the use and/or publication of my name, likeness, photograph(s), voice, and recordings.
Additional Terms.
This Release constitutes the sole and entire agreement of the Company and me with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. If any term or provision of this Release is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Release or invalidate or render unenforceable such term or provision in any other jurisdiction. This Release is binding on and shall inure to the benefit of the Company and me and our respective heirs, successors, and assigns.
BY SIGNING, I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTOOD ALL OF THE TERMS OF THIS RELEASE AND THAT I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS.
Signed:
Printed Name:
Email:
example@example.com
Address
Street Address
Street Address Line 2
City
State / Province
Postal / Zip Code
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I am the parent or legal guardian of the minor named above. I have the legal right to consent to and, by signing below, I hereby consent and agree to the terms and conditions of this Release of Liability and Assumption of Risk.
Signed:
Printed Name of Parent
or Legal Guardian:
Address:
Date:
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