This Waiver and Release is applicable to all customers, operators, passengers, and users of equipment provided by Sebastian Adventures* (FOR PURPOSES OF THIS WAIVER AND RELEASE, THE TERM “SEBASTIAN ADVENTURES” INCLUDES ALL EMPLOYEES, AGENTS, REPRESENTATIVES, SERVANTS, ASSIGNS, SUCCESSORS, INSURERS AND SUBSIDIARIES OF SEBASTIAN ADVENTURES, PALM BEACH ADVENTURES, ROAM, BG SEBASTIAN INLET and THE SEBASTIAN INLET STATE PARK). If any other agreement is supplemented with this Release, the provisions of this Release will prevail over any clauses in the 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 equipment. Customer agrees that he/she will disclose to Sebastian Adventures all potential operators, passengers, and users of said equipment. Customers further agrees that in the event that he/she fails to notify Sebastian Adventures 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 SEBASTIAN ADVENTURES.
II. EXPRESS ASSUMPTION OF RISK
The undersigned hereby agrees that he/she is operating or using the equipment provided by Sebastian Adventures at his/her own risk. The undersigned agrees that he/she is voluntarily participating in all activities related to the tour, operation, or use of the 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 SEBASTIAN ADVENTURES.
III. WAIVER/RELEASE OF LIABILITY By the execution of this Release, the undersigned agrees that Sebastian Adventures 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 tour, operation, or use of equipment provided by Sebastian Adventures. The undersigned assumes full responsibility for any such injuries or damages which may occur, and further agrees that Sebastian Adventures shall not be liable for any loss or theft of personal property. The undersigned specifically agrees that SEBASTIAN ADVENTURES SHALL NOT BE RESPONSIBLE FOR SUCH INJURIES, DAMAGES, LOSS OR THEFT, EVEN IN THE EVENT OF NEGLIGENCE OR FAULT BY SEBASTIAN ADVENTURES, 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 Sebastian Adventures 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 Craigcat Boat, other vessel and minor children under the undersigned’s custody, care, and control, as a result of any and all activities related to the tours, operation, or use of equipment provided by Sebastian Adventures, EVEN IF SUCH DAMAGES ARISE OUT OF THE NEGLIGENCE OR FAULT OF SEBASTIAN ADVENTURES.
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 operate, or use equipment from another rental facility, but has chosen to operate, or use equipment from Sebastian Adventures with the knowledge that signing this Release is a requirement for 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 SEBASTIAN ADVENTURES FOR SEBASTIAN ADVENTURES’S NEGLIGENCE.
VI. INDEMNITY AGREEMENT
THE UNDERSIGNED AGREE TO INDEMNIFY, HOLD HARMLESS AND DEFEND SEBASTIAN ADVENTURES 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 OPERATION, ACTIVITY AND USE OF ALL EQUIPMENT PROVIDED BY SEBASTIAN ADVENTURES INCLUDING BY NOT LIMITED TO ANY NEGLIGENT, GROSSLY NEGLIGENT AND/OR INTENTIONAL ACT OR OMISSION OF SEBASTIAN ADVENTURES.