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TODAY'S DATE: April 24, 2024

WATERSPORTS EQUIPMENT RENTAL AGREEMENT

FOR USE BY CHILD UNDER THE AGE OF 18

ACKNOWLEDGMENT, RELEASE, INDEMNIFICATION AND INFORMED CONSENT

I grant the child(ren) listed below permission to use 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. 

In and for consideration of my child(ren)'s use of the The Breakers' facilities and Water Sports Equipment, I, as a parent/guardian of the below named child(ren), on behalf of my child(ren), hereby agree to the following:

Acknowledgment

I agree to accept and assume all risks of any and all injuries sustained by my child(ren) resulting from the inherent risks arising out of my child(ren)'s use of The Breakers' facilities and the Water Sports Equipment. Inherent risks are those dangers or conditions, known or unknown, which are characteristic of, intrinsic to, or an integral part of the activity and which are not eliminated even if the activity provider acts with due care in a reasonably prudent manner, including, but not limited to the failure by the activity provider to warn the natural guardian or minor child of an inherent risk; and the risk that the minor child or another participant in the activity may act in a negligent or intentional manner and contribute to the injury or death of the minor child. I understand that using Water Sports Equipment can be hazardous and exposes my child(ren) to risks, including but not limited to: exposure to COVID-19, adverse reactions to heat and sun and risks of injury and drowning associated with Water Sports in the ocean.

I further 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 my child(ren) have now or may have in the future (or that my or my child(ren)'s executors, administrators, heirs, next of kin, successors or assigns may have now or may have in the future) for illness including COVID-19, any personal injury, 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 my child(ren)), which would accrue to the minor child(ren) resulting from the inherent risks arising out of my child(ren)'s use of The Breakers' facilities and Water Sports Equipment. 

Indemnification

I also 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 child(ren)'s use of the rented Water Sports Equipment regardless of fault.

NOTICE TO THE MINOR CHILD(REN)'S NATURAL GUARDIAN

READ THIS FORM COMPLETELY AND CAREFULLY. YOU ARE AGREEING TO LET YOUR MINOR CHILD(REN) ENGAGE IN A POTENTIALLY DANGEROUS ACTIVITY. YOU ARE AGREEING THAT, EVEN IF THE RELEASED PARTIES USE REASONABLE CARE IN PROVIDING THIS ACTIVITY, THERE IS A CHANCE YOUR CHILD(REN) MAY BE SERIOUSLY INJURED OR KILLED BY PARTICIPATING IN THIS ACTIVITY BECAUSE THERE ARE CERTAIN DANGERS INHERENT IN THE ACTIVITY WHICH CANNOT BE AVOIDED OR ELIMINATED. BY SIGNING THIS FORM YOU ARE GIVING UP YOUR CHILD(REN)'S RIGHT AND YOUR RIGHT TO RECOVER FROM THE RELEASED PARTIES IN A LAWSUIT FOR ANY ILLNESS INCLUDING COVID-19, PERSONAL INJURY, INCLUDING DEATH, TO YOUR CHILD(REN), PROPERTY DAMAGE THAT RESULTS FROM THE RISKS THAT ARE A NATURAL PART OF THE ACTIVITY. YOU HAVE THE RIGHT TO REFUSE TO SIGN THIS FORM, AND THE RELEASED PARTIES HAVE THE RIGHT TO REFUSE TO LET YOUR CHILD(REN) PARTICIPATE IF YOU DO NOT SIGN THIS FORM.

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 my child(ren) 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 child(ren)'s use of The Breakers' facilities and Water Sports Equipment. 

Informed Consent

I acknowledge that I have read this Consent and Release carefully and fully understand its meaning, and I am voluntarily executing same as the parent/guardian for each minor guest. 

I Agree

Terms of Use

  1. The Water Sports Equipment is the property of Whitecaps.  
  2. I and/or my child(ren) will inspect the Water Sports Equipment before use and notify Whitecaps if it is not in acceptable condition.
  3. My child(ren) are not in need of training and are reasonably knowledgeable and capable of operating the rented piece(s) of Water Sports Equipment.
  4. I and/or my child(ren) 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*

Relationship*
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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