The undersigned, as "RENTER" in consideration for the use of the rental equipment identified herein ("rental equipment") and other good and valuable consideration, the receipt of which is hereby acknowledged, voluntarily and knowingly executes this Release and Indemnification Agreement ("Agreement") with the express intention of effecting a complete and total release and indemnification of Wild Life Watersports LLC. (including its parents, subsidiaries, affiliates, relatives, agents, servants, employees and assigns), as "COMPANY" as well as effecting other covenants and warranties as follows:
1. Warranties and Acknowledgment. RENTER, as inducement to COMPANY to enter into this Agreement, expressly makes the following warranties and acknowledgments and states that:
a. RENTER has conducted a visual and physical inspection of the rental equipment and has determined that it is in good and safe working condition.
b. If RENTER is executing this release on behalf of any minor children, that RENTER is the parent of guardian of the minor(s) with full authority to supervise the child(ren) and bind them to this Agreement.
c. RENTER, and if applicable, RENTER'S child(ren), is/are familiar with the proper usage and operation of the rental equipment and/or has requested instructions from COMPANY as to the rental equipment's proper usage if RENTER or RENTER'S child(ren) is/are unsure as to the rental equipment's proper usage and operation. RENTER expressly concedes that removal of the rental equipment from COMPANY'S immediate custody and control constitutes an acknowledgement that RENTER, and if applicable, RENTER'S child(ren), have either received full and adequate instruction on the rental equipment's use from COMPANY or waived receipt of these instructions.
d. RENTER fully understand and acknowledges that there exists certain inherent dangers and risks of damage or serious bodily injury, including death, associated with the use and operation of the rental equipment, notwithstanding the exercise of due care. RENTER further represents and warrants that RENTER, and if applicable, RENTER'S child(ren) are in good health, and that RENTER knows of no physical illnesses or limitations preventing RENTER, and if applicable, RENTER'S child(ren) from using the rental equipment in a safe manner, with due care, and only for its intended proper use and purpose; and
e. In light of these acknowledgments, RENTER fully understands, acknowledges and agrees that all children using any child passenger apparatus or equipment in conjunction with the use of any rental equipment shall be required to wear a child safety helmet and/or child safety flotation vest. RENTER further understands, acknowledges and agrees that RENTER has the sole obligation and responsibility to supervise his or her child(ren) in the usage of the rental equipment.
f. RENTER agrees to wear personal flotation device at all times whether or not it is required by law.
2. Covenants. RENTER, as further inducement to COMPANY to enter into this Agreement, expressly agrees and covenants that RENTER, and if applicable, RENTER'S child(ren), shall be the only person/people allowed to use and operate the rental equipment and that RENTER, and if applicable, RENTER'S child(ren) shall use the rental equipment safely, with due care, and only for its intended and proper use and purpose.
3. Release, Indemnification and Waiver. RENTER, as further inducement to COMPANY to enter into the Agreement, expressly agrees that:
a. RENTER, with the intention of binding himself or herself, legal representatives, heirs, assigns, as well as any minor child upon whose behalf RENTER signs this Agreement, their legal representatives, their heirs and their assigns, hereby expressly, knowingly and voluntarily releases and discharges COMPANY from all claims or demands of injury, loss or damage of any kind, whether in contract or tort, law or equity, fixed or unfixed, matured or unmatured, liquidated or unliquidated, arising out of this Agreement, including but not limited to the use of rental equipment or child passenger apparatus. RENTER herby expressly, knowingly and voluntarily agrees that this release shall be applicable and binding if RENTER, or if applicable, RENTER'S child(ren) uffers injury, loss or damage resulting from COMPANY'S NEGLIGENCE OR FAULT. RENTER further agrees that RENTER is barred, on his or her own behalf and on behalf of those claiming through or under RENTER, from bringing any claim or demand against COMPANY for any injury, loss or damage referenced in this paragraph;
b. RENTER further expressly agrees to assume and bear full responsibility for all injury, loss or damage arising out of RENTER'S, and if applicable, RENTER'S child(ren)'s use of the rental equipment, including but not limited to the use of any child passenger apparatus or equipment. RENTER hereby expressly, knowingly and voluntarily agrees to indemnify and hold COMPANY harmless for any and all liability for such injury, loss or damage REGARDLESS of whether the injury, loss or damage results from COMPANY'S NEGLIGENCE OR FAULT.
c. RENTER further expressly agrees to assume and bear full and total responsibility for all damage to or loss of the rental equipment and agrees to fully indemnify COMPANY for any and all costs and expenses incurred by COMPANY for repairing or replacing the rental equipment, child passenger apparatus or other equipment which may become damaged or lost during the RENTER'S, or if applicable, the RENTER'S child(ren)'s possession of said equipment, except for normal wear and tear to the rental equipment or child passenger apparatus.
d. RENTER further expressly agrees that his Agreement is intended to be as broad and inclusive as permitted buy the law of the State of Florida, and that if any portion of this Agreement is held invalid, that the remaining portions shall, notwithstanding, continue in full legal force and effect. The venue for any action arising out of this Agreement shall only be in the Circuit or County Courts of Brevard County, Florida; and
e. RENTER further expressly agrees and acknowledges that RENTER has carefully read this Agreement, knows of its contents and understands it.
4. Attorneys' Fees and Costs. RENTER agrees to reimburse COMPANY for all costs, expenses and reasonably attorneys' fees incurred by COMPANY for prosecuting or defending any legal actions or claims arising from this Agreement, including through all appeals.
5. Further Acknowledgment. RENTER fully understands that failure to return the COMPANY'S rental property or equipment upon expiration of the rental period and failure to pay all amounts due (including costs for damages to the property or equipment) are evidence of abandonment or refusal to redeliver the property, punishable in accordance with section 812.155, Florida Statutes.
6. Jury Waiver. THE PARTIES TO THIS AGREEMENT HEREBY KNOWINGLY, VOLUNTARILY WAIVE ANY AND All RIGHT TO ANY TRIAL BY JURY IN ANY ACTION ARISING DIRECTLY OR INDIRECTLY UNDER THIS AGREEMENT.