Sam’s Dock – Eagle Point, LLC
This Waiver and Release is applicable to all renters, operators, passengers, and users of equipment provided by Sam's Dock (FOR PURPOSES OF THIS WAIVER AND RELEASE, THE TERM "SAM'S DOCK" INCLUDES ALL EMPLOYEES, AGENTS, REPRESENTATIVES, SERVANTS, ASSIGNS, SUCCESSORS, INSURERS AND SUBSIDIARIES OF SAM'S DOCK). If any other rental agreement is executed 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 as the guardian or agent of undersigned's minor children and users of said rental equipment. Renter agrees that he/she will disclose to Sam's Dock all potential operators, passengers, and users of said rental equipment. Renter further agrees that if he/she fails to notify Sam's Dock of all potential operators, passengers, or users of said equipment, or misrepresents the certifications of anyone between the age 16–18, 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 SAM'S DOCK.
The undersigned acknowledges that the operation or use of a watercraft has inherent risks that may lead to bodily injury or death. I further understand that I am not bound or required to participate in any of the activities presented to me, but have willingly and voluntarily decided to participate. I have no health restrictions which would prevent me from participating in any activities or entering into this agreement. I realize that I am free to refuse to participate in any of all activities including those I feel uncomfortable with or which I feel cannot be completed safely by me. I knowingly and voluntarily assume all risk of injury, illness, damage or loss, both known and unknown, associated with the rental operation, or use of the watercraft or associated rental company, even if arising from the negligence, act, or omission of LESSOR, and assume full responsibility for my participation, EVEN IF THE RISKS ARISE OUT OF THE NEGLIGENCE OR FAULT OF SAM'S DOCK.
By the execution of the Release, the undersigned agrees that Sam's Dock shall not be liable for any damages arising from personal injuries sustained by the operators or passengers of the craft, including 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 Sam's Dock. The undersigned assumes full responsibility for any such injuries or damages which may occur and further agrees that Sam's Dock shall not be liable for any loss or theft of personal property. The undersigned specifically agrees that SAM'S DOCK SHALL NOT BE RESPONSIBLE FOR SUCH INJURIES, DAMAGES, LOSS, OR THEFT, EVEN IN THE EVENT OF NEGLIGENCE OR FAULT BY SAM'S DOCK, whether such negligence is present at the signing of this Release or takes place in the future.
The undersigned hereby agrees that he/she will indemnify and hold harmless Sam's Dock 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 Sam's Dock, EVEN IF SUCH DAMAGES ARISE OUT OF THE NEGLIGENCE OR FAULT OF SAM'S DOCK.
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 understands that employees and agents of Sam's Dock are not attorneys and will not provide legal advice as to the legal interpretation of this agreement. 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 Sam's Dock 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 SAM'S DOCK FOR SAM'S DOCK'S NEGLIGENCE.
THE UNDERSIGNED AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND SAM'S DOCK 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 SAM'S DOCK INCLUDING BUT NOT LIMITED TO ANY NEGLIGENT, GROSSLY NEGLIGENT AND/OR INTENTIONAL ACT OR OMISSION OF SAM'S DOCK.