Agreement with H2 Windsurfing for Adult participants
WATER SPORT PARTICIPANT RELEASE OF LIABILITY, WAIVER OF CLAIMS, EXPRESS ASSUMPTION OF RISK AND INDEMNITY AGREEMENT
Please read and be certain you understand the implications of signing.
In consideration of being allowed to participate in any way in the services, activities or events offered by Hoff Industries LLC, DBA as H2 Windsurfing (hereinafter collectively referred to as “H2 Windsurfing”) which include but are not limited to the instruction in, and/or rental of equipment related to, windsurfing, kayaking, and paddle boarding, or any events or activities related thereto, I, the undersigned, acknowledge, appreciate, and agree that:
- The risk of injury from the activities and equipment use described above is significant including the potential for broken bones, severe injuries to the head, neck, and back or other bodily injuries that my result in permanent paralysis and death, and while particular skills, equipment, and personal discipline may reduce this risk, the risk of serious injury does exist; and I KNOWINGLY AND FREELY ASSUME ALL RISKS, both known and unknown, even if arising from the negligence of H2 Windsurfing, their officers, officials, directors, employees, representatives, agents, and volunteers (hereinafter collectively referred to as “Releasees”) or others, and ASSUME FULL RESPONSIBILITY FOR MY PARTICIPATION; and
- I, for myself and on behalf of my heirs, assigns, personal representatives and next of kin, HEREBY RELEASE FROM LIABILITY AND RESPONSIBILITY, INDEMNIFY, HOLD HARMLESS, AND WAIVE ALL CLAIMS AGAINST RELEASEES, WITH RESPECT TO ANY AND ALL INJURY, DISABILITY, DEATH, or loss or damage to any person or property associated with my presence or participation, WHETHER ARISING FROM THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE; and
- I agree to accept all responsibility to maintain the condition and whereabouts of all equipment rented, or otherwise under my control, for the entire rental period and to pay all repair and/or replacement costs for any damage or theft that may occur to equipment during the rental period; and
- By entering into this Agreement, I am not relying on any oral or written representation or statements made by the Releasees, other than what is set forth in this Agreement; and
- This Agreement shall be binding to the fullest extent permitted by law. If any provision of this Agreement is found to be unenforceable, the remaining terms shall be enforceable; and
- This Agreement and any rights, duties and obligations as between the parties to this Agreement shall be governed by and interpreted solely in accordance with the laws of the State of New Jersey, and any litigation arising out of this Agreement or involving the parties to this agreement shall be brought solely within the State of New Jersey.
I have read this release of liability, waiver of claims, assumption of risk and indemnity agreement, I fully understand its terms, I understand that I have given up legal rights by signing it, and I sign it freely and voluntarily without any inducement.