Release from Liability
Shared Adventures Wheelchair Checkout Release from Liability
Express Assumption of Risk and Indemnity Agreement
I agree as follows:
1. I understand and acknowledge that there are risks of personal injury, death and property damage associated with using the beach wheelchair on the walkways, paths, beaches and other areas at or near the ocean.
2. I understand and acknowledge that the wheelchair may be improperly maintained or unstable.
3. I understand and acknowledge that participants in ocean and beach activities sometimes sustain mortal or serious personal injuries and/or property damage as a result of those activities.
4. I acknowledge the risks of using the wheelchair in ocean and beach activities, including, but not limited to, drowning, tipping over or falling out of the wheelchair, encountering uneven sand surfaces, uneven paths, uneven walkways, uneven wet surfaces, beach and shore debris, and other unknown risks.
5. I do hereby agree to assume all risk of injury, death or property damage that I might suffer while using the wheelchair, even if it occurs as a result of the negligence of Shared Adventures, its officers, employees, and/or agents, or defects in equipment.
6. My assumption of the risk is based on my independent assessment of the risks without reliance on representations or advice by employees or representatives of Shared Adventures or any other person.
7. I do hereby waive, release and discharge any and all claims and legal actions for personal injury,
wrongful death or property damage against Shared Adventures, its officers, employees and/or agents, arising out of or in connection with my voluntary use of the beach wheelchair. ‘ ., ·
8. I expressly agree that this waiver, release and discharge of liability applies even if Shared Adventures, its officers, employees, and/or agents are negligent or otherwise at fault.
9. I also agree to protect, hold harmless: indemnify and defend Shared Adventures, its officers, employees, and/or agents against any legal actions or other claims for damages arising from my use of the wheelchair, even if Shared Adventures, its officers, employees and/or agents are negligent or otherwise at fault.
10. I understand that by signing this document, I am forfeiting important legal rights and incurring important legal responsibilities, in that I am (a) assuming all risk of using the wheelchair; (b) absolving and
releasing Shared Adventures, its officers, employees; and/or agents from the consequences of their negligence; and (c) promising to protect, hold harmless, indemnify and defend Shared Adventures, its officers, employees and/or agents against any legal actions or claims for damages arising from my actions.
Furthermore, I warrant that I am executing this agreement voluntarily and that Shared Adventures has not made any representations to induce or coerce me to sign this document. I agree that the terms and conditions of this document shall bind me, my heirs, assigns, legal representatives, executors and administrators.