EWaiver

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* This field is required.In consideration of the risk of injury while participating in Ontario Board Shack SUP & Kayak Rental and or lessons the “Activity”), I agree, for myself, my heirs, executors, administrators, assigns, or personal representatives, 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 whatsoever arising out of my participation in the Activity, and do hereby release and forever discharge Ontario Board Shack, located at “address”, their affiliates, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors and assigns, for any physical or psychological injury, including but not limited to illness, paralysis, death, damages, economical or emotional loss, that I may suffer as a direct result of my participation in the aforementioned Activity, including traveling to and from an event related to this 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 TRAVELING TO AND FROM AS WELL AS 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, OR THE CONDITION OF THE ACTIVITY LOCATION(S). NONETHELESS, I ASSUME ALL RELATED RISKS, BOTH KNOWN OR UNKNOWN TO ME, OF MY PARTICIPATION IN THIS ACTIVITY, INCLUDING TRAVEL TO, FROM AND DURING THIS ACTIVITYI agree to indemnify and hold harmless Ontario Board Shack 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, if litigation arises pursuant to any claims made by me or by anyone else acting on my behalf.If Ontario Board Shack incurs any of these types of expenses, I agree to reimburse Ontario Board Shack.I acknowledge that Ontario Board Shack and their managers, officers, volunteers, staff and agents are not responsible for errors, omissions, acts or failures to act of any party orentity conducting a specific event or activity on behalf of “Ontario Board Shack (LLC name).”I understand that my credit card will be charged for the full amount of my rental agreement. I am responsible for the return of this equipment in the same condition in which I received it. I agree to pay in full for any repairs or replacement if the equipment is damaged or lost. I am aware that Ontario Board Shack reserves the right to charge a late fee for any rental equipment that is not returned on time.I am aware that Stand Up Paddleboarding (“SUP”) and/or kayaking poses potential risks and I am aware of the dangers of SUP/kayaking.I agree that no refunds will be given for non-use, weather or lack of ability to use the rented vessels. I 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.The risks may include, but are not limited to, those caused by terrain, facilities,temperature, weather, lack of hydration, condition of participants, equipment, vehicular traffic and actions of others, including but not limited to, participants, volunteers, spectators, coaches, event officials and eventmonitors, and/or producers of the event.I ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS "WAIVER AND RELEASE" AND FULLY UNDERSTAND THAT IT IS A RELEASE OFLIABILITY. I AGREE TO RELEASE AND DISCHARGE Ontario Board Shack AND ALL OF ITS AFFILIATES, MANAGERS, EMPLOYEES,, ATTORNEYS, STAFF, VOLUNTEERS, HEIRS, SPONSORS, 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 Ontario Board Shack FOR PERSONAL INJURY OR PROPERTY DAMAGE.In the event that I should require medical care or treatment, I agree to be financially responsible for any costs incurred as a result of such treatment. I am aware that I should have my own health insurance.In the event that any damage to Ontario Board Shack equipment or facilities occurs as a result of my or my family's willful actions, neglect or recklessness, I acknowledge and agree to be held liable for any and all costs associated with any actions of neglect or recklessness.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 the Participant and Ontario Board Shack agree that this Agreement is clear and unambiguous as to its terms, and that no other evidence will 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, so long as the clause severed does not affect the intent of the parties. 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 agree that even after taking lesson with Ontario Board Shack I am fully responsible for my actions and any damage or harm I may cause both during and thereafter the lesson.I, the undersigned participant, affirm that I am of the age of 18 years or older, and that by completing the signup process 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 completing the signup process and hereby signing it of my own free will.I understand that “Ontario Board Shack makes no guarantee as to the quality or suitability of the equipment. I am fully responsible for my own safety and for the equipment “Ontario Board Shack provides.I understand the United States Coast Guard require all paddlers, including SUP and Kayaking, to carry a US Coast Guard approved Personal Floatation Device (PFD) on board their vessels at all times, along with a noise-making device and Paddleboarders or kayakers 12 years old and younger must wear life jackets at all times. I agree and understand that Ontario Board Shack requires all Renters to wear a US Coast Guard approved PFD at all times while on the water. I understand that one member of the party must be over the age of 18 and must accompany the group on the water.
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I have received the following and have checked they are in my possession:
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Name
First Name
Last Name
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Date
Date
Year
Month
Day
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Participants Signature
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