WAIVER, ASSUMPTION OF RISK, AND RELEASE:
I and my family members, friends, and guests (including minors) (collectively, the “Customers”) hereby waive and forever release any and all claims, demands, injuries, damages, actions, or causes of action that we may have against Coastal Beach Rentals, LLC t/a Coastal Beach Services, and its members, officers, employees, agents, affiliates, successors, and assigns (collectively, the “Coastal Beach Parties”) for any and all injuries to us or our personal property arising in any way from the Goods and Services, including but not limited to injuries caused by any negligent act or omission of any Coastal Beach Party.
The Customers further agree that all Goods and Services are used at our risk. We understand that use of the Goods and Services includes inherent risks which we are assuming. We have inspected, or will inspect before use, the Goods and have determined that same is in good condition and suitable for the purpose for which it has been leased. We shall only use the Goods in the manner for which it is designed and intended to be used.
The Customers further agree to defend, indemnify, and hold harmless the Coastal Beach Parties from and against any and all claims, demands, injuries, damages, actions, or causes of action made by any party arising in any way from the Goods and Services. We recognize, intend, and understand that this waiver and release is binding on our heirs, executors, administrators, and assigns.
ALL EQUIPMENT IS USED AT THE CUSTOMERS’ RISK. We acknowledge that we have inspected, or will inspect before use, the equipment and have determined that same is in good condition and suitable for the purpose for which it has been leased. We shall only use the property in the manner for which it is designed and intended to be used. We recognize that the property is being received AS IS and WITH ALL FAULTS. THE COASTAL BEACH PARTIES MAKE NO REPRESENTATIONS, PROMISES, OR WARRANTIES, EITHER EXPRESSED OR IMPLIED, CONCERNING THE MERCHANTABILITY, SUITABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OF THE PROPERTY. THE COASTAL BEACH PARTIES EXPRESSLY DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER ARISING FROM STATUTE, COMMON LAW, CUSTOM, OR OTHERWISE.
PERSONAL RESPONSIBILITY:
The Customers certify that they have no physical or mental condition that precludes him/her from participating in the activities and that he/she is not participating against medical advice.
The Customers’ participation in the activities is voluntary, and we further understand that we have the opportunity to inspect the Coastal Beach Parties’ equipment, facilities, and vessels before any participation.
The Customers understand that they are obligated to follow the rules of the activities and that he/she can minimize his/her risk of injury by doing so and through the exercise of common sense and by being aware of his/her surroundings.
If, while participating in the activities, the Customers observe any unusual hazard or condition, which they believe jeopardizes their personal safety or that of others, they will remove themselves from participation in the activities and immediately bring said hazard or condition to the attention of the Coastal Beach Parties.
To the extent that any portion of this Agreement is deemed to be invalid under the law of the applicable jurisdiction, the remaining portions of the Agreement shall remain binding and available for use by the Coastal Beach Parties and their counsel in any proceeding.
The Customers further agree to defend, indemnify, and hold harmless the Coastal Beach Parties from and against any and all claims, demands, injuries, damages, actions, or causes of action made by any party arising in any way from the Goods and Services. We recognize, intend, and understand that this waiver and release is binding on our heirs, executors, administrators, and assigns.
In the event of a dispute between the parties arising out of this Agreement and/or the Goods and Services provided by the Coastal Beach Parties, the parties consent and submit to the exclusive jurisdiction of any state court located in Sussex County, Delaware and waive any right to a jury trial.
I HAVE READ AND UNDERSTAND THIS AGREEMENT AND I AM AWARE THAT BY SIGNING THIS AGREEMENT I MAY BE WAIVING CERTAIN LEGAL RIGHTS FOR MYSELF AND OTHERS, INCLUDING THE RIGHT TO SUE.
