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TODAY'S DATE: April 25, 2024

WATERSPORTS EQUIPMENT RENTAL AGREEMENT - ADULT

RELEASE, INDEMNIFICATION AND INFORMED CONSENT

In and for consideration of my use of the The Breakers Palm Beach Inc.'s (The Breakers') facilities and to rent Water Sports and related equipment (Water Sports Equipment) from G.E.M. Watersports, Inc. d/b/a Whitecaps, I agree to the following:

I acknowledge that there is a risk of COVID-19 exposure in any public place where people are present.  COVID-19 is highly contagious and can lead to illness and death. The Breakers and Whitecaps has taken enhanced health and safety measures recommended by the CDC, however, the risk of contracting COVID-19 cannot be completely eliminated, and the services I am requesting necessarily involve use of public space, equipment and interaction with other people.  Therefore, I voluntarily assume all risks related to exposure to COVID-19.

Release

I waive and release, in advance, The Breakers, The Breakers Palm Beach, Inc., Flagler System Inc., G.E.M. Watersports, Inc. d/b/a Whitecaps, and their parent companies, subsidiaries, affiliates, officers, directors, shareholders, employees, agents, successors and assigns (collectively The Released Parties) from and against any and all costs, claims, demands, losses, expenses, damages or causes of action (including but not limited to attorneys fees at all judicial levels), that I now have or may have in the future (or that my executors, administrators, heirs, next of kin, successors or assigns may have now or may have in the future) for any illness including COVID-19, personal injury, negligence, property damage, loss or other liability (including but not limited to liability for medical malpractice arising out of or relating to any treatment or care from employees, nurses, doctors, hospitals or other medical units, for any injuries sustained by me), arising out of or resulting in any manner from my use of The Breakers' facilities and Water Sports Equipment.  I understand that this waiver and release includes any claims arising out of the action(s) or inaction(s) of the employees or agents of The Released Parties.

Indemnification

I agree to hold the Released Parties harmless, agree to indemnify the Released Parties and hereby agree to assume the defense of the Released Parties against any and all claims by any person whomsoever involving liability for illness including COVID-19, bodily injury, including death, and property damage arising out of or incident to my use of the rented Water Sports Equipment regardless of fault.

I fully understand, acknowledge, and agree that the Released Parties are relying upon my electronic signature and this document, which is intended to induce the Released Parties to allow me to use The Breakers' facilities and Water Sports Equipment. I further acknowledge that the Released Parties have accepted this document as partial consideration for my use of The Breakers' facilities and Water Sports Equipment. 

Informed Consent

I acknowledge that I have read this Release and Assumption of Risk carefully and fully understand its meaning, and I am voluntarily executing same. 

I Agree

Terms of Use

  1. The Water Sports Equipment is the property of Whitecaps.  
  2. I will inspect the Water Sports Equipment before use and notify Whitecaps if it is not in acceptable condition.
  3. I am not in need of training and I am reasonably knowledgeable and capable of operating the rented piece(s) of Water Sports Equipment.
  4. I will return the Water Sports Equipment to Whitecaps in the same condition as received at the location where it was rented and on the return date and time specified.
  5. I agree to pay Whitecaps for the Water Sports Equipment rental charges and applicable taxes. 
  6. I agree to pay for loss of or damage to the Water Sports Equipment while it is in my possession.

I Agree

First Guest's Name

First Name*

Last Name*
First Guest's Age Acknowledgment*
First Guest's Date of Birth*
I certify that I am 18 years of age or older
First Guest's Signature*
Second Guest's Name

First Name*

Last Name*
Second Guest's Date of Birth*
Third Guest's Name

First Name*

Last Name*
Third Guest's Date of Birth*
Fourth Guest's Name

First Name*

Last Name*
Fourth Guest's Date of Birth*
Fifth Guest's Name

First Name*

Last Name*
Fifth Guest's Date of Birth*
Sixth Guest's Name

First Name*

Last Name*
Sixth Guest's Date of Birth*
Seventh Guest's Name

First Name*

Last Name*
Seventh Guest's Date of Birth*
Eighth Guest's Name

First Name*

Last Name*
Eighth Guest's Date of Birth*
Ninth Guest's Name

First Name*

Last Name*
Ninth Guest's Date of Birth*
Tenth Guest's Name

First Name*

Last Name*
Tenth Guest's Date of Birth*
Parent or Guardian's Email Address

Email*

Confirm Email*
Emergency Contact

First Name*

Last Name*

Emergency Contact's Phone Number*
Parent(s) or court-appointed legal guardian(s) must sign for any participating minor (those under 18 years of age) and agree that they and the minor are subject to all the terms of this document, as set forth above.


By signing below the Parent or Court-Appointed Legal Guardian agrees that they are also subject to all the terms of this document, as set forth above.
Parent or Guardian's Name

First Name*

Last Name*
Parent or Guardian's Age Acknowledgment*
Parent or Guardian's Date of Birth*
I certify that I am 18 years of age or older
Parent or Guardian's Signature*
Electronic Signature Consent*
 By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.


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