Customer Agreement & Waiver
By completing the reservation process, I acknowledge that I have read and attest to the following:
UNCONDITIONAL RELEASE OF LIABILITY
IN CONSIDERATION of being given the opportunity to participate in any and all rental activities (“Activities”) offered by PEACE RIVER OAKS LLC, I, for myself, my personal representatives, assigns, heirs, and next of kin:
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ACKNOWLEDGE agree and represent that I understand the nature of Rowing and Paddling Activities, both on water and land-based, riding or using ATVs, and any other activity I might be engaging in involving Peace Ranch LLC/ DBA Peace River Oaks rental equipment in any context whatsoever, and that I am qualified, in good health, and in proper physical condition to participate in such Activities. The undersigned further represents and certifies that he/she is at least 18 years of age and holds a valid driver's license or valid drivers license.
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FULLY UNDERSTAND that: (a) ROWING, KAYAKING, CANOEING, ATV RIDING, AND ALL ACTIVITIES AND RENTAL EQUIPMENT OFFERED BY PEACE RIVER OAKS LLC INVOLVE INHERENT RISKS AND DANGERS of serious bodily injury, including permanent disability, paralysis, and death (“Risks”); (b) these Risks and dangers may be caused by my own actions, or inactions, the actions or inactions of others involved in the Activities, the condition in which the Activities take place, the leased equipment and/or objects (including but not limited to the condition of said conditions and/or equipment), the actions and/or inactions of employees, agents, representatives, contractors, managers, members, and/or owners of Peace River Oaks LLC (even if said action is negligent and/or reckless), or the recklessness or negligence of the Releases named below; (c) there may be other risks and social and economic losses either not known to me or not readily foreseeable at this time by anyone; and I FULLY ACCEPT AND ASSUME ALL SUCH RISKS, LIABILITY AND ALL RESPONSIBILITY FOR LOSSES, COSTS, AND DAMAGES I incur as a result of my participation in the Activities.
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AGREE AND WARRANT that I will examine and inspect each of the Activities in which I take part as a member and or patron of Peace River Oaks LLC, and that if I observe any conditions which I consider to be unacceptably hazardous or dangerous, I will notify the proper authority in charge of the Activity and will refuse to participate in the Activity (no matter the action or inaction of said authority).
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HEREBY RELEASE AND DISCHARGE Peace River Oaks LLC/Peace Ranch LLC, their administrators, directors, officers, agents, members, managers, volunteers, and employees, contractors, others participating, organizers, sponsors, advertisers, and if applicable owners and leasers of premises upon which the Activities take place (each considered one of the Releasees herein) from all liability, claims, demands, losses or damages on my account caused in whole or in part by the negligence or recklessness of the Releasees or otherwise, including negligent rescue operations; and I further agree that if, despite this release and waiver of liability, assumption of risk, and indemnity agreement, I, or anyone on my behalf, makes a claim against any of the Releasees, I WILL INDEMNIFY, SAVE, AND HOLD HARMLESS each of the Releasees from any litigation expenses, attorney fees, loss, liability, damage, or cost which any may incur as a result of such claim. I have read this agreement, fully understand its terms, understand that I have given up substantial rights by signing it and have sit freely without any inducement or assurance of any nature and intend it to be a complete and unconditional release of all liability to the greatest extent allowed by law, and agree that if any portion of the agreement is held to be invalid, all remaining language shall continue in full force and effect.
I HAVE READ THE ABOVE STATEMENTS AND UNDERSTAND THE CONDITIONS