Agreement, Waiver and Release of Liability for the use
of eFoils,
and
Related
Watersports
Equipment
This is an eFoil and Equipment Use Agreement between “Blue Sky Foils,” and the undersigned, herein called, “USER.” This agreement also constitutes a Waiver and Release of Liability, whereby the USER agrees to release, discharge, hold harmless, defend and indemnify “Blue Sky Foils,” and its employees, subcontractors and agents from any and all claims, actions or losses for bodily injury, property damage, wrongful death, loss of services or any other claim which may arise out of USER’s use of eFoils or Equipment, premises or facilities or USER’s participation in paddle sports activities.
By
signing
this
document,
USER
acknowledges
that
he/she
specifically
understands
he/she
is
releasing,
discharging
and
waiving
any
claims
or
actions
that
he/she
may
have
at
the
present
time,
or
in
the
future,
for
the
negligent
acts, omissions
or
other
conduct
by
the
employees,
subcontractors
or
agents
of
“Blue Sky Foils
.
”
- USER shall obey all applicable state, federal, and local regulations, laws, ordinances, and lawful directives from appropriate emergency or law enforcement personnel, while using eFoils or Equipment from “Blue Sky Foils.” USER is solely responsible for any citation or violation occurring during the use of, or as the result of using, eFoils or Equipment from “Blue Sky Foils.” USER agrees not to disturb wildlife while using eFoils or Equipment from “Blue Sky Foils.”
- USER represents that he/she is capable of safely operating and handling the Equipment and finds it in good working order, condition, and repair. USER acknowledges that he/she is responsible for carrying all eFoils and Equipment to and from the put-in. USER represents that he/she has adequate skills, knowledge and experience to safely complete the planned activity and that adequate preparations have been made to ensure safe completion of trip.
- USER shall bear all risk and responsibility of and for any and all damage, loss or theft of the eFoils and/or Equipment, or any portions thereof, including, but not limited to vandalism or theft, and shall pay “Blue Sky Foils” the full cost of repair or replacement.
- USER shall return eFoils and Equipment in the condition in which they were received. Upon return, USER must re- rack eFoils (emptying out all water and trash) and store Equipment properly. Minimum charges for repairs, labor, and cleaning will be applied in the event that eFoils or Equipment require repair or excessive cleaning. USER agrees to use all eFoils and Equipment for its designed purpose only.
- RECOGNITION OF RISK: USER expressly acknowledges that activities associated with the use of eFoils and Equipment involves inherent risks of injury to persons and property. USER IS AWARE OF THOSE RISKS AND UNDERSTANDS THEM. USER acknowledges that Safety Equipment (e.g. Personal Floatation Devices/Life Jackets) are made available and that ALL USERS ARE REQUIRED TO USE SUCH SAFETY EQUIPMENT AT ALL TIMES WHILE USING eFoils AND EQUIPMENT. USER understands that use of such Safety Equipment does not remove all risks of injury; nor does it make paddle activities safe. USER alone has determined the sufficiency of any safety gear or other precautions that USER decides to take in order to minimize the risks of the activity. No party related to “Blue Sky Foils, including employees, subcontractors and agents, has made any representations regarding the safety of, or the risks of, such activities. USER EXPRESSLY ASSUMES THE RISKS OF THE ACTIVITY.
- RELEASE
OF
LIABILITY:
USER
hereby
RELEASES
“Blue Sky Foils”
,
its
employees,
subcontractors
and
agents
from liability for negligence and HOLDS HARMLESS
“Blue Sky Foils
,
” its employees, subcontractors and
agents
from
any
loss,
expense
or
cost,
including
attorney
fees,
arising
out
of
any
damages
or
injuries,
whether
to
persons
or
property,
occurring
as
a
result
of
the
use
of
said
eFoils
or
Equipment.
This
agreement
constitutes
the
entire
agreement
between
“Blue Sky Foils”
and
USER
with
regard
to
the
use
of
eFoils
and/or
Equipment
and
no
term
may
be
waived
or
modified
(including
provision
against
oral
modification)
except
in
writing
signed
by
both
parties.
There
are
no
warranties,
expressed
or
implied,
by
“Blue Sky Foils”
to
USER,
except
as
contained
herein,
and
“Blue Sky Foils”
shall
not
be
liable
for
any
loss
or
injury
to
USER
nor
to
anyone
else,
of
any
kind or however caused. This agreement is one of bailment only
and USER is not a
“Blue Sky Foils”
agent while
using
said
Boat(s)
or
Equipment.
The
laws
of
the
State
of
Maine
shall
govern
this
agreement.
NON
COMPLIANCE
WITH
THE
ABOVE
AGREEMENT
MAY
RESULT
IN
CHARGES
FOR
LOSS
OR
DAMAGE.
By signing below, USER certifies that he/she has read and understands the above and acknowledges and agrees to the terms and conditions as stated.
FOR
USERS
UNDER
18
YEARS
OF
AGE,
SIGNATURE
OF
PARENT
OR
GUARDIAN
IS
REQUIRED.
By signing below, I certify that I am the parent/guardian of the Minor who has signed this Agreement. I certify that I have read the Agreement and that I understand the above and acknowledge and agree to the terms and conditions as stated. As the parent/guardian of the above signed, I confirm that the Minor’s date of birth is correct.