In consideration of the services of SUP Abilene Fort Phantom Kayak Rentals, LLC., their agents, owners, officers, volunteers, participants, employees, and all other persons or entities acting in any capacity on their behalf (herein after collectively referred to as "SUP Abilene"), I hereby agree to release, indemnify and discharge SUP Abilene on behalf of myself, my children, my parents, my heirs, assigns, personal representative or estate as follows:
1. I acknowledge that SUP (paddleboarding), kayaking, floating or swimming entails known and unknown risks which could result in physical or emotional injury, paralysis, death or damage to myself, to property or to third parties. I understand that such risks simply cannot be elimated without jeopardizing the essential qualities of the activity. The risks include, among other things: your boat could turn over and/or you could have to swim risking entanglement in trees; exposure to the natural elements can be uncomfortable and/or harmful; you should be aware that this exposure could cause sunburn, dehydration, heat exhaustion, heat stroke and heat cramps; prolonged exposure to cold water can result in hypothermia; exposure to potentially dangerous wildlife, insects, plants; accidental drowning is also a possibility. Furthermore, SUP Abilene staff have difficult jobs to perform. They seek safety but they are not infallible. They may be unaware of a participant's fitness or abilties. They could misjudge weather, the elements and/or the terrain. They may give inadequate warning or instruction; equipemnt being used is also capable of malfuntion.
2. I expressly agree and promise to accept and assume all of the risks associated with this activity. My participation in this activity is purely voluntary and I elect to participate despite the risks.
3. I hereby voluntarily release, forever discharge, and agree to endemnify and hold harmless SUP Abilene from any and all claims, demands, or causes of action, which are in any way connected with my participation in this activity or my use of SUP Abilene's equipment or facilities, including such claims which allege negligent acts or omissions of SUP Abilene.
4.Should SUP Abilene or anyone acting on their behalf be required to incur attorney's fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs.
5. I certify that I have adequate insurance to cover any injury or damage I may cause while participating, or else I agree to bear the costs of such injury or damage myself. I further certify that I have no medical conditions which could interfere with my safety in this activity or else I am willing to assume and bear the costs of all risks that may be created, directly or indirectly, by any such condition.
6. In the event that I file a lawsuit against SUP Abilene, I agree to do so solely in the state of Texas, and I further agree that the substantive law of the state shall apply in the action without reguard to the conflict of law rules other than state. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect.
7. SUP Abilene reserves the right to remove any person/persons causing a scene, acting belligerent or for any other reason that dirupts the general pleasure vibe of the facilities.
8. I the participant will be held responsible by SUP Abilene for any damages/loss caused to their property or equipment either dirently or indirectly during my rental period.
By signing this document I acknowledge that is anyone is hurt or property is damaged during my participation in this activity I may be found by a court of law to have waived by right to a lawsuit against SUP Abilene on the basis of any claim from which I have been released herein. I have had sufficient opportunity to read this entire document. I read and understood it in its entirety and agree to be bound by it's terms.