NOTICE OF RISK, RELEASE, ASSUMPTION OF RISK and RESPONSIBILITY and INDEMNITY AGREEMENT
I acknowledge that, directly or indirectly, I have requested that myself, or the minor under my guardianship, be allowed to participate in stand up paddle boarding or other activities provided by Dolan's Board Sports, LLC (which includes any commonly owned, related, parent or subsidiary corporations and entities, their owners, officers, directors, agents, and employees).
I understand that the sport of stand up paddling, and other related water activities involve inherent and other risks of INJURY and DEATH. The risks include but are not limited to: physical exertion, inclement weather, immersion in water, hypothermia, collisions with other watercraft, accidents or illness, equipment failure and malfunction, drowning, and loss or damage to personal property. I voluntarily agree to expressly assume all risks of injury or death that may result from the use of this equipment. I agree to use the equipment only in the specified and agreed upon area discussed between myself and Dolan's Board Sports. I further agree to wear an approved personal flotation device at all times while on rented water equipment and I confirm that I am physically fit to operate and use said equipment and that I can swim and tread water for 20 minutes.
I agree to release Dolan's Board Sports, its employees, owners, volunteers, affiliates, agents, officers, directors, and the manufacturers and distributors (collectively, "providers") of the equipment and the City of Tacoma, Metro Parks Tacoma and Washington State Department of Parks and Recreation from all liability for injury, death, property loss and damage which results from the equipment user's participation in the sport of stand up paddle boarding kayaking or other water activity, or is in any way related to the use of this equipment, including all liability which results from the negligence of providers, or any other person or cause. I further agree to defend and indemnify providers for any loss or damage, including any that results from claims or lawsuits for personal injury, death and property loss and damage related in any way to the use of this equipment. I also acknowledge that I may be liable for damage to rented equipment caused by misuse or negligence on my part.
I understand and agree to the following:
* PERSONAL FLOATATION DEVICES MUST BE WORN AT ALL TIMES, BY ALL PERSONS USING EQUIPMENT PROVIDED BY DOLAN'S BOARD SPORT'S.
* I AM RESPONSIBLE FOR MY PERSONAL SAFETY AND THAT OF ANYONE UNDER MY SUPERVISION. I AGREE NOT TO LEAVE CHILDREN OR ADULTS REQUIRING SUPERVISION UNATTENDED.
* I WILL STAY 100 FT AWAY FROM ANY AND ALL FISHERMAN THAT MAY BE FISHING ON THE PIERS OR SHORE LINE FOR MY OWN SAFETY.
* I WILL NOT COME ASHORE OR LAUNCH ON ANY PRIVATE BEACHES THAT I DONT HAVE PERMISSION TO BE ON, UNLESS IT IS AN EMERGENCY.
* Paddle Boards and all equipment must be returned by the agreed upon time. LATE RETURNS WILL BE CHARGED EXTRA ACCORDINGLY.
* No more than ONE person per Standup Paddle Board. The equipment is not to be shared and shall remain in possession of the participant until returned to Dolan's Board Sports.
* By participating in or attending any Activity in connection with Dolan's Board Sports, I CONSENT TO THE USE OF ANY PHOTOGRAPHS, PICTURE, FILM, OR VIDEOTAPE TAKEN OF ME or provided by me for publicity, promotion, television, websites, or any other use, and expressly waive any right of privacy, compensatoin, copyright, or other ownership right connected to me.
* Security of the Board and its equipment is my responsibility. I will be charged for any loss or damage incurred.
* Minimum rental charge is one hour.
I, the undersigned, have read and understand this equipment rental & liability release agreement. I certify that I am at least eighteen (18) years of age.
PARENT’S OR GUARDIAN’S ADDITIONAL INDEMNIFICATION
(Must be completed for participants under the age of 18)
In consideration of below named Minor being permitted by Dolan's Board Sport's to participate in its activities and to use its equipment and facilities. I further agree to indemnify and hold harmless the providers, City of Tacoma, Metro Parks Tacoma from any and all claims which are brought by or on behalf of Minor, which are in any way connected with such use or participation by Minor.