2005 Glastron for full day rentals

1. Definitions.  The person who is participating in boating shall be referred to hereinafter as “Participant.” The “Undersigned” means only the Participant when the Participant is age 18 or older OR it means both the Participant and the Participant’s parent or legal guardian when the Participant is under the age of 18. “Released Parties” mean our company or any of its respective successors in interest, affiliated organizations and companies, insurance carriers, agents, employees, representatives, assignees, officers, directors, members, and shareholders. The “Activity” means taking part in boating, and using the boating equipment and marina property or facilities for any purpose. 2. Risks of Activity.  The Undersigned agree and understand that taking part in the Activity can be HAZARDOUS AND  INVOLVES THE RISK OF PHYSICAL INJURY  AND/OR DEATH. The Undersigned acknowledge that the Activity is inherently dangerous and fully realize the dangers of participating in the Activity. The risks and dangers of the activity include, but are not limited to: changing water flow, tides, currents, wake action, wakes, slips, falls, collisions with other participants, watercraft and other manmade and natural objects, weather conditions, capsizing, sinking, exposure to elements, drowning, marine and other wildlife, equipment failure and/or defects, operator error, mental distress from exposure  to any of the above, and negligence of others. THE UNDERSIGNED  ACKNOWLEDGE AND  UNDERSTAND  THAT THE DESCRIPTION OF THE RISKS LISTED ABOVE IS NOT COMPLETE AND THAT PARTICIPATING IN THE ACTIVITY MAY BE DANGEROUS AND  MAY INCLUDE  OTHER RISKS. 3. Release, Indemnification, and Assumption of Risk.  In consideration of the Participant being permitted to participate in the Activity, the Undersigned agree as follows: (a) Release. THE UNDERSIGNED  HEREBY  IRREVOCABLY AND UNCONDITIONALLY RELEASE, FOREVER  DISCHARGE, AND  AGREE NOT TO SUE OR BRING ANY OTHER  LEGAL ACTION AGAINST THE RELEASED  PARTIES with respect to any and all claims and causes of action of any nature whether currently known or unknown, which the Undersigned, or any of them, have or which could be asserted on behalf  of the Undersigned in connection with the Participant’s participation in the Activity, including, but not limited to claims of negligence, breach  of warranty, and/or breach of contract. Our company S (b) Indemnification. The Undersigned hereby agree to indemnify, defend, and hold harmless the Released Parties from and against  any and all liability, cost, expense, or damage of any kind or nature whatsoever and from any suits, claims or demands, including legal  fees and expenses whether or not in litigation, arising out of, or related to, Participant’s participation in the Activity. (c) Assumption of Risk. The Undersigned agree and understand that there are dangers and risks associated with the participation  in the Activity and that INJURIES AND/OR DEATH may result from participating in the Activity, including, but not limited to the acts, omissions, representations, carelessness, fault, and negligence of the Released Parties. By signing this document, the Undersigned recognize that property  loss, injury, and death are all possible while participating in the Activity. RECOGNIZING THE RISKS AND DANGERS, THE UNDERSIGNED  UNDERSTAND  THE NATURE  OF THE ACTIVITY AND  VOLUNTARILY CHOOSE FOR PARTICIPANT  TO PARTICIPATE IN AND EXPRESSLY ASSUME ALL RISKS AND  DANGERS OF THE PARTICPATION IN THE ACTIVITY, WHETHER  OR NOT DESCRIBED ABOVE, KNOWN OR UNKNOWN, INHERENT, OR OTHERWISE. 4. Minor Acknowledgment.  In the case of a minor Participant, the Undersigned parent or legal guardian acknowledges that he/she is not only signing this Agreement on his/her behalf, but that he/she is also signing on behalf of the minor and that the minor shall  be bound by all the terms of this Agreement. Additionally, by signing this Agreement as the parent or legal guardian of a minor, the parent or legal guardian understands that he/she is also waiving rights on behalf of the minor that the minor otherwise may have. The Undersigned parent or legal guardian agrees that, but for the foregoing, the minor would not be permitted to participate in the Activity. By signing this Agreement without a parent or legal  guardian’s signature, Participant, under penalty of fraud, represents that he/she is at least 18 years of age. If signing as the parent or guardian of a minor Participant, signing adults represent that they are a legal parent or guardian of the minor Participant. 5. Medical Care. Undersigned authorize the Released Parties and/or their authorized personnel to call for medical care for Participant or to transport Participant to a medical facility or hospital if, in the opinion of such personnel, medical attention is needed. Undersigned agree to pay all costs associated with such medical care and related transportation. 6. Miscellaneous.  The Undersigned further agree and understand: (a) Participant will not engage in any activities prohibited by any applicable laws, statutes, regulations, and ordinances; (b) this Agreement shall be governed by the laws of the State of Colorado and the exclusive jurisdiction and venue for any claim shall be the Adams County Court for Adams County, Colorado; (c) this Agreement constitutes the entire agreement between the parties hereto and supersedes any and all prior contracts, arrangements, communications, or representations, whether oral or written, between the parties relating to the subject matter hereof; (d) the Undersigned understand and acknowledge that this Agreement is a contract and shall be binding to the fullest extent permitted by law. If any part of this Agreement is deemed to be unenforceable, the remaining terms shall be an enforceable contract between the parties. It is the intent of the Undersigned that this agreement shall be binding upon the assignees, subrogors, distributors, heirs, next of kin, executors and personal representatives of the Undersigned.  Fuel is not Included in this rental, Must bring back full  Life jackets and sports gear included