WAIVER, RELEASE, INDEMNITY, AND HOLD HARMLESS AGREEMENT
YOU MUST READ, SIGN AND INITIAL THIS AGREEMENT BEFORE OPERATING, RIDING, OR PARTICIPATING IN A COMPANY-SPONSORED ACTIVITY. IT RELEASES THE COMPANY FROM LIABILITY ARISING FROM YOUR PARTICIPATION IN A COMPANY-SPONSORED ACTIVITY.
In consideration for and as an express condition of operating, riding, or participating in a product demonstration, sea trial, or similar short-term recreational use of a vessel, watercraft, or equipment owned, operated, or provided by Singleton Assets & Operations, LLC, its parents, subsidiaries, affiliates, dealers, and their respective officers, directors, employees, contractors, agents, representatives, successors, and assigns (collectively, the “Company” or “Releasees”), I agree and acknowledge as follows:
1. VOLUNTARY PARTICIPATION & RISK ASSUMPTION
I understand that participation involves inherent risks including but not limited to personal injury, death, and property damage, whether caused by weather, water conditions, equipment failure, operator error, negligence, or any other cause. I voluntarily assume all such risks, whether known or foreseeable at the time of participation. I acknowledge that I have received and reviewed all safety instructions, warnings, and operational instructions and that I am physically and mentally fit to participate.
2. AGE REQUIREMENT
I represent that I am at least eighteen (18) years old. No one under 18 is permitted to participate unless expressly approved in writing by the Company and a parent or guardian signs this agreement on their behalf.
3. RELEASE & WAIVER OF LIABILITY
I, ON BEHALF OF MYSELF, MY HEIRS, EXECUTORS, ADMINISTRATORS, AND ASSIGNS, HEREBY WAIVE, RELEASE, AND FOREVER DISCHARGE THE RELEASEES FROM ANY AND ALL CLAIMS, CAUSES OF ACTION, DAMAGES, OR LIABILITY OF ANY KIND—INCLUDING BUT NOT LIMITED TO THOSE ARISING OUT OF ORDINARY NEGLIGENCE OR PRODUCT DEFECTS—RELATED TO MY USE, OPERATION, OR PRESENCE ON OR AROUND THE VESSEL OR EQUIPMENT.
THIS WAIVER APPLIES TO ALL CLAIMS AGAINST THE COMPANY, INCLUDING, BUT NOT LIMITED TO, THOSE ARISING FROM DESIGN, MANUFACTURE, ASSEMBLY, INSPECTION, REPAIR, INSTRUCTION, SUPERVISION, WARNINGS, OR CONDITIONS OF THE VESSELS OR EQUIPMENT PROVIDED, EXCEPT IN CASES OF GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.
4. INDEMNITY
I agree to indemnify, defend, and hold harmless the Releasees from any and all claims, demands, causes of action, losses, or liabilities, including attorney’s fees and costs, arising out of or related to my participation, operation, presence around, or use of any vessel or equipment, including claims caused in whole or in part by the negligence of Releasees.
5. INSURANCE
I represent that I carry sufficient general liability and medical insurance (or knowingly accept the risk of being uninsured) and understand that Releasees do not provide coverage for participants. I waive any right to recover damages from the Releasees due to lack of insurance.
6. RULES OF PARTICIPATION
I agree to comply with all applicable laws, safety rules, and instructions provided by the Company. I will not operate or ride under the influence of drugs, alcohol, or any condition impairing judgment. I warrant that I have no condition that would interfere with safe participation.
7. ASSUMPTION OF RISK AND MEDICAL CARE
I understand and acknowledge that operating, riding, or participating in activities involving vessels and watercraft carries inherent risks of injury, illness, or even death. I certify that I am in good health and have no medical condition or physical impairment that would interfere with my safe participation in the activity.
I voluntarily assume all risks, both known and unknown, associated with such activities, including but not limited to injuries caused by environmental conditions, equipment failure, collision, falls, weather, wildlife, or the actions or inactions of others.
In the event of an accident or medical emergency, I hereby authorize the Company and its representatives to secure and authorize medical care or treatment as may be necessary for my health and safety. I understand and agree that I am solely responsible for any and all medical expenses incurred as a result of any injury or illness sustained during the activity, and I release and hold harmless the Releasees from any liability arising from or related to such medical treatment or care, including negligent rescue operations.
8. PHOTOGRAPHY RELEASE
I irrevocably grant the Company the right to use photographs, video, or other images of me taken during participation for any lawful purpose, including marketing and promotional use, without compensation.
9. ENFORCEABILITY
If any portion of this Agreement is found unenforceable, the remaining terms shall be given full force and effect. This waiver shall remain in effect for all future activities with the Company unless revoked in writing.
10. PARTICIPANT RESPONSIBILITY FOR PROPERTY DAMAGE
I agree to be fully responsible for any damage I cause to the vessel, equipment, or other property of the Company due to my negligent or intentional acts, and I agree to reimburse the Company for any resulting repair or replacement costs.
11. WAIVER OF CLASS ACTIONS AND JURY TRIAL
I agree that any claims shall be brought only in my individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. I further waive any right to a trial by jury.
12. GOVERNING LAW AND VENUE
This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia, without regard to its conflicts of law principles. Any legal action or proceeding arising out of or relating to this Agreement shall be brought exclusively in the state or federal courts located in Hall County, Georgia, and the undersigned hereby consents to the jurisdiction and venue of such courts.
13. ELECTRONIC SIGNATURE
I agree that an electronic signature or acknowledgement has the same legal effect as a handwritten signature.
IN CONSIDERATION FOR PARTICIPATING, OPERATING, RIDING, OR USING A VESSEL, I AGREE TO SIGN BELOW. I HAVE CAREFULLY READ THIS AGREEMENT AND FULLY UNDERSTAND AND AGREE TO THE CONTENTS.