Pontoon Paddler Waiver

WAIVER, INDEMNIFICATION/HOLD HARMLESS AGREEMENT AND RELEASE OF LIABILITY

In consideration of the services of Pontoon Paddler, Inc., their agents, owners, officers, volunteers, participants, employees, and all other persons, or entities acting in any capacity on their behalf (hereinafter collectively referred to as “Pontoon Paddler, Inc.”), I hereby agree to release, indemnify, hold harmless and discharge Pontoon Paddler, Inc. and its Boat from all liability, including negligent rescue operations, on behalf of myself, my children, my parents, my heirs, assigns, personal representatives and estate as follows:

1. I understand and acknowledge there are inherent risks involved with being a passenger on a boat, both on water and land based, and represent that I am qualified, in good health, and in proper physical and mental condition to ride on a boat for such activity (“Activity”).
2. I fully understand that such Activity entails known and inherent risks, as well as unknown and anticipated risks including, but not limited to equipment failure, perils of the sea, acts of other participants, and adverse marine and weather conditions. Such risks could result in serious or emotional and physical injury, paralysis, death, drowning or damage or loss to myself, third parties and my own or others’ property. I further understand that these risks may be caused by my own actions, or inactions, the actions or inactions of others participating in the Activity, the condition in which the Activity takes place, or the negligence of the Releasees named below and I hereby assume such risks. I acknowledge that any minors age 12 and under will wear a properly fitted U.S. Coast Guard approved flotation device (life jacket) while on board.
3. Should Pontoon Paddler, Inc. or anyone acting on its behalf, be required to incur attorney’s fees and costs to enforce this agreement I agree to indemnify and hold harmless them for all such fees and costs. I agree that this document and all other aspects of my relationship with Pontoon Paddler, Inc. are governed by the laws of the State of New York, and that any legal action resulting from my participation in this Activity shall be brought only in Suffolk County, New York. In the event that any portion of this agreement is deemed invalid or unenforceable, all other portions of this agreement shall remain in full force and effect.
4. I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating, or else I agree to bear the costs of such injury or damage myself. I further certify that I have no medical or physical conditions, which could interfere with my safety in this Activity, or else I am willing to assume-and bear the costs of- all risk that may be created, directly or indirectly, by any such condition. I am not under the influence of drugs and, if I choose to consume alcohol during this Activity, will do so in a responsible fashion.
5. I fully understand that the Boat I have chosen to charter has limited medical facilities and that in the event of illness or injury, appropriate care must be summoned by radio and treatment will be delayed until I can be transported to a proper medical facility. I agree in advance to these conditions.
6. Pontoon Paddler, Inc. and their Boat have made no representations to me, implied or otherwise, that they or their captain and crew can or will perform safe rescues or render first aid. In the event I show signs of distress or call for aid, I would like assistance and will not hold Pontoon Paddler, Inc., its Boat, their crew or passengers responsible for their actions in attempting the performance or rescue of first aid.
7. I understand and agree that I am financially responsible for any and all damages incurred during my charter, both for myself and for any minor for whom I am responsible. This obligation includes any damage to property belonging to third parties and any equipment involved with the chartered Boat.
8. I understand and agree that Pontoon Paddler, Inc. is not responsible for any property stored or left by me in or around the Boat, before, during and/or after the chartered event.
9. I hereby grant Pontoon Paddler, Inc. the right to take and utilize photographs of me participating in this Activity for the purpose of promotion and advertising.
10. I have carefully read this agreement and understand its contents and I agree to be bound by its terms from the date of my signature, forever into the future. I am aware that this is a waiver and a release of liability and I sign it voluntarily. I acknowledge that if anyone is hurt or property is damaged during my participation in this Activity, I may be found by a court of law to have waived my right to maintain a lawsuit against Pontoon Paddler, Inc. on the basis of any claim from which I have released them herein.