INDEMNITY, WAIVER AND RELEASE OF LIABILITY AGREEMENT - Texas
I. DISCLAIMER
This Waiver and Release is applicable to all renters, operators, passengers, and users of equipment provided by Ac Bluff Creek Marina LLC, DBA Hell’s Gate Watercraft Rentals. *(FOR PURPOSES OF THIS WAIVER AND RELEASE, THE TERM “RENTAL COMPANY” INCLUDES ALL EMPLOYEES, AGENTS, REPRESENTATIVES, SERVANTS, ASSIGNS, SUCCESSORS, INSURERS AND SUBSIDIARIES OF Ac Bluff Creek Marina LLC, DBA Hell’s Gate Watercraft Rentals). If any other rental agreement is supplemented with this Release, the provisions of this Release will prevail over any 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 and users of said rental equipment. Renter agrees that he/she will disclose to Ac Bluff Creek Marina LLC, DBA Hell’s Gate Watercraft Rentals all potential operators, passengers, and users of said rental equipment. Renter further agrees that in the event that he/she fails to notify Ac Bluff Creek Marina LLC, DBA Hell’s Gate Watercraft Rentals 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 Ac Bluff Creek Marina LLC, DBA Hell’s Gate Watercraft Rentals.
II. EXPRESS ASSUMPTION OF RISK
The undersigned hereby agrees that he/she is renting, operating or using the equipment provided by Ac Bluff Creek Marina LLC, DBA Hell’s Gate Watercraft Rentals 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 Ac Bluff Creek Marina LLC, DBA Hell’s Gate Watercraft Rentals.
III. WAIVER/RELEASE OF LIABILITY
By the execution of this Release, the undersigned agrees that Ac Bluff Creek Marina LLC, DBA Hell’s Gate Watercraft Rentals 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 Ac Bluff Creek Marina LLC, DBA Hell’s Gate Watercraft Rentals. The undersigned assumes full responsibility for any such injuries or damages which may occur, and further agrees that Ac Bluff Creek Marina LLC, DBA Hell’s Gate Watercraft Rentals shall not be liable for any loss or theft of personal property. The undersigned specifically agrees that Ac Bluff Creek Marina LLC, DBA Hell’s Gate Watercraft Rentals SHALL NOT BE RESPONSIBLE FOR SUCH INJURIES, DAMAGES, LOSS OR THEFT, EVEN IN THE EVENT OF NEGLIGENCE OR FAULT BY Ac Bluff Creek Marina LLC, DBA Hell’s Gate Watercraft Rentals, whether such negligence is present at the signing of this Release or takes place in the future.
IV. LIABILITY TO THIRD PARTIES
The undersigned hereby agrees that he/she will indemnify and hold harmless Ac Bluff Creek Marina LLC, DBA Hell’s Gate Watercraft Rentals 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 Ac Bluff Creek Marina LLC, DBA Hell’s Gate Watercraft Rentals, EVEN IF SUCH DAMAGES ARISE OUT OF THE NEGLIGENCE OR FAULT OF Ac Bluff Creek Marina LLC, DBA Hell’s Gate Watercraft Rentals.
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 foregoing Waiver and Release, knows the 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 Ac Bluff Creek Marina LLC, DBA Hell’s Gate Watercraft Rentals 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 Ac Bluff Creek Marina LLC, DBA Hell’s Gate Watercraft Rentals FOR Ac Bluff Creek Marina LLC, DBA Hell’s Gate Watercraft Rentals NEGLIGENCE.
VI. INDEMNITY AGREEMENT THE UNDERSIGNED AGREE TO INDEMNIFY, HOLD HARMLESS AND DEFEND Ac Bluff Creek Marina LLC, DBA Hell’s Gate Watercraft Rentals IN ANY MATTER AND FROM AND AGAINST ALL CLAIMS, DAMAGES, LOSSES, AND EXPENSES, INCLUDING ATTORNEY’S FEES ARISING OUT OF AND/OR RELATING TO THE RENTAL, OPERATION AND USE OF ALL EQUIPMENT PROVIDED BY Ac Bluff Creek Marina LLC, DBA Hell’s Gate Watercraft Rentals INCLUDING BY NOT LIMITED TO ANY NEGLIGENT, GROSSLY NEGLIGENT AND/OR INTENTIONAL ACT OR OMISSION OF Ac Bluff Creek Marina LLC, DBA Hell’s Gate Watercraft Rentals.
Prices listed on this site are subject to change during high demand time periods, including but not limited to; All Holiday weekends, the weekend of the Redbull cliff diving competition, and spring break.
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