INDEMNITY
I, ______
Hereby acknowledge, I knowingly and voluntarily waive, release, hold harmless and The Bay Hotel and by extension, all of its partners, members, agents, servants, employees, shareholders, officers, directors, attorneys and contractors, past, present and future, their respective heirs, legal and personal representatives, successors and assigns (collectively, "Released Parties") and all of their respective properties, assets and interests from, any and all claims, actions, causes of action, demands, rights, damages, costs, losses, liabilities, expenses, compensation, controversies, disputes, obligations, debts, dues and liens whatsoever, on account of, or in any way arising out of, any and all known or unknown, foreseen and unforeseen loss of life or personal injury (whether to myself or a third party if such damage to the third party is caused by me), loss or damage to property (whether to myself or a third party if such damage to the third party is caused by me), and the consequences thereof, directly or indirectly resulting from, incidental to, in connection with, or arising out of my participation in stand-up paddle boarding and related activities ("Claims"). It is my intention that this Indemnity shall apply to all of the Claims without limit and, to the fullest extent allowed by law, regardless of whether founded, whole or in part, on any negligent (gross or otherwise) or wrongful act or omission of any of the Released Parties, or by reason of vis major, causus fortuitus, or by any other cause of whatsoever nature and howsoever arising.
I confirm that I am in good physical health and able to tolerate the physical demands of stand-up paddle boarding and kayaking as well as all related activities.
In the event that the stand-up paddle board, kayak, paddle, or any other equipment provided to me in order to undertake stand-up paddle boarding or kayaking is damaged during the period that it is in my possession or under my control (even if utilised by another party with my consent in the time), I remain liable for all costs involved in the repair or replacement of any of the equipment so damaged. In the event that legal proceedings are instituted against me for the recovery of such costs, I remain liable for such legal costs on an attorney and own client scale, including collection commission.
I have read and understand this Indemnity. Its terms shall be binding on me and on my heirs, legal representatives and assigns.
If any provision of this Indemnity is determined to be void, unenforceable, ineffective, or against public policy, that provision shall be disregarded and deemed removed from the Indemnity and shall not effect the remaining provisions of this Indemnity.
DATED AT ______ON THIS ______DAY OF ______20_____).