Storage Waiver For The Harbour Aqua Club

Kayak, Watercraft/Equipment Storage

PARTICIPANT RELEASE OF LIABILITY & ASSUMPTION OF RISK AGREEMENT

***READ BEFORE SIGNING***

In consideration of being allowed to participate in any way in the program, related events and activities, and use of equipment, I undersigned, acknowledge, appreciate, understand, and agree that:

1. WAIVER OF LIABILITY AND DAMAGE/LOSS:I/We, The owner(s) of Kayak(s), watercraft and/or equipment) listed below, hereby release and forever discharge Alfresco Fun, LLC, The Harbour Homeonwer’s Association, Inc, The Harbour North Condominium Association, Inc, and The Harbour South Condominium Association, Inc. (collectively; “The Provider”) from any and all liability, claims, demands, actions or rights of action which are related to, arise out of , or are in any way connected with the storage space only and is not responsible for any damage or loss that occurs to my Kayak, watercraft and/or equipment while it is stored with The Provider’s facility.While the Kayak(s), watercraft and/or equipment are on The Provider’s facilities, I/We agree to adhere to all applicable policies, rules and regulations established by The Provider.If it is necessary to move a privately-owned Kayak, watercraft and/or equipment, at least 24 hours’ notice will be given, unless under emergency situations. Requests with less than 24-hour notice may be accommodated upon the approval and discretion of The Provider.
2. I KNOWINGLY AND FREELY ASSUME ALL RISKS OF PARTICIPATION, both known and unknown, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASEES (AS SPECIFIED IN SECTION 3) or others and assume full responsibility for my participation in this storage program.Risks include, but are not limited to: bodily injuries arising from accidents from falls inside or in the surrounding of the storage facility (aqua club), injuries arising from moving or carrying my vessel or any other vessel to store or remove my vessel from storage, complications from weather including lightning, hail storms or physical exertion; perils and hazards from natural features, plants, animals, insects, wet surfaces, tripping hazards and other man-made or natural features; perils from equipment failure or miss-use; delays in receiving medical attention due to remote locations; opportunities to become lost and failure to adhere to routes or to posted signs if any.I acknowledge that swimming in the river and surrounding unprotected waters is dangerous and not recommended.
3. I, for myself and on behalf of my heirs, assignees, personal representatives and next of kin, HEREBY RELEASE, INDEMNIFY, AND HOLD HARMLESS Alfresco Fun, LLC, and The Harbour Homeowner’s Association, Inc, The Harbour North Condominium Association, Inc, The Harbour South Condominium Association, Inc, its officers, officials, agents and/or employees, other participants, sponsors, advertisers, and if applicable, owners and lessors of premises used to conduct the event (RELEASEES), from any and all claims, demands, losses, and liability arising out of or related to any INJURY, DISABILITY OR DEATH I may suffer personally or property damage or loss, WHETHER ARISING FROM THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE, to the fullest extent permitted by law.
4. Health Statement:I will notify management of Alfresco Fun, LLC and any of its agents and/or employees if I suffer from any medical or health condition(s) that may cause injury to myself, others, or may require emergency care during my participation.I am in a good Physical form and state which allows me to move and store my vessel on my own or with the assistance of family or friend.I therefore acknowledge, that in the event any family or friend (guest) that help in the assistance of storing or removing a vessel is injured, I will be held responsible for any damages claimed by my guest.

I HAVE READ THIS RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTANDING THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND ITS FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.   This agreement is good for the duration of my storage term.  Rates may be subject to change with a 30 day notice from the provider.