Common use of WAIVER/RELEASE OF LIABILITY Clause in Contracts

WAIVER/RELEASE OF LIABILITY. By the execution of this release, the undersigned voluntarily releases, forever discharges and agrees to indemnify, defend and hold harmless SBC, Recreational Marine Company, LLC and their employees, agents, members and contractors from any and all liability of any nature arising from any and all activities related to the operation, or use of the boat club vessels and equipment provided by SBC, on behalf of Boat Club Member, his or her family, guests, visitors or agents, regardless of the cause. The undersigned assumes full responsibility for any such injuries, or damages which may occur, and further agrees that SBC shall not be liable for any loss or theft of personal property. The undersigned specifically agrees that SBC shall not be responsible for such injuries, damages, loss or theft, even in the event of negligence or fault by SBC. FURTHERMORE, BOAT CLUB MEMBER ACKNOWLEDGES THAT HE OR SHE HAS READ THIS WAIVER/RELEASE OF LIABILITY AND FULLY UNDERSTANDS THAT IT IS A RELEASE OF LIABILITY. BOAT CLUB MEMBER IS WAIVING ANY RIGHT THAT HE OR SHE MAY HAVE TO BRING LEGAL ACTION TO ASSERT A CLAIM AGAINST SBC OR RECREATIONAL MARINE COMPANY, LLC, OR THEIR EMPLOYEES, AGENTS, MEMBERS AND CONTRACTORS FOR THEIR NEGLIGENCE. 37. CONDITION OF BOAT CLUB VESSELS. Boat Club Member hereby acknowledges that he or she has been given an opportunity to inspect and examine the boat club vessels and the provided equipment prior to signing this Boat Club Membership Agreement and he or she will additionally inspect and examine the boat club vessel prior to each launch and accepts the condition (“Proper Condition”) of the boat club vessels upon each launch as confirming the boat club vessel and equipment are in a safe and proper running condition. Boat Club Member further acknowledges that he or she shall return the boat club vessels and equipment in the same Proper Condition, less normal wear and tear. If the boat club vessel is not retuned in the same Proper Condition, normal wear and tear excepted, Boat Club Member shall be responsible for any and all costs associated with retuning the boat club vessel to the Proper Condition including lost revenue while repairs are being made.

WAIVER/RELEASE OF LIABILITY. By the execution of this release, the undersigned voluntarily releases, forever discharges and agrees to indemnify, defend and hold harmless SBC, Recreational Marine Company, LLC and their employees, agents, members and contractors from any and all liability of any nature arising from any and all activities related to the operation, or use of the boat club vessels and equipment provided by SBC, on behalf of Boat Club Member, his or her family, guests, visitors or agents, regardless of the cause. The undersigned assumes full responsibility for any such injuries, or damages which may occur, and further agrees that SBC shall not be liable for any loss or theft of personal property. The undersigned specifically agrees that SBC shall not be responsible for such injuries, damages, loss or theft, even in the event of negligence or fault by SBC. FURTHERMOREFuRTHERMORE, BOAT CLUB CLuB MEMBER ACKNOWLEDGES THAT HE OR SHE HAS READ THIS WAIVER/RELEASE OF LIABILITY AND FULLY UNDERSTANDS FuLLY uNDERSTANDS THAT IT IS A RELEASE OF LIABILITY. BOAT CLUB CLuB MEMBER IS WAIVING ANY RIGHT THAT HE OR SHE MAY HAVE TO BRING LEGAL ACTION TO ASSERT A CLAIM AGAINST SBC OR RECREATIONAL MARINE COMPANY, LLC, OR THEIR EMPLOYEES, AGENTS, MEMBERS AND CONTRACTORS FOR THEIR NEGLIGENCE. 37. CONDITION OF BOAT CLUB CLuB VESSELS. Boat Club Member hereby acknowledges that he or she has been given an opportunity to inspect and examine the boat club vessels and the provided equipment prior to signing this Boat Club Membership Agreement and he or she will additionally inspect and examine the boat club vessel prior to each launch and accepts the condition (“Proper Condition”) of the boat club vessels upon each launch as confirming the boat club vessel and equipment are in a safe and proper running condition. Boat Club Member further acknowledges that he or she shall return the boat club vessels and equipment in the same Proper Condition, less normal wear and tear. If the boat club vessel is not retuned in the same Proper Condition, normal wear and tear excepted, Boat Club Member shall be responsible for any and all costs associated with retuning the boat club vessel to the Proper Condition including lost revenue while repairs are being made.

WAIVER/RELEASE OF LIABILITY. By the execution of this releaseRelease, the undersigned voluntarily releases, forever discharges and agrees to indemnify, defend indemnify and hold harmless SBC, Recreational Marine Company, LLC and their employees, agents, members and contractors RUM RUNNER PARTY BOATS from any and all liability of any nature arising from for any and all injury, damage, loss, accident or illness sustained by the undersigned as a result of any and all activities related to the operation, rental or use of the boat club vessels and equipment provided by SBC, on behalf of Boat Club Member, his or her family, guests, visitors or agents, RUM RUNNER PARTY BOATS regardless of the cause. The undersigned assumes full responsibility for any such injuries, or damages which may occur, and further agrees that SBC shall not be liable for any loss or theft of personal property. The undersigned specifically agrees that SBC RUM RUNNER PARTY BOATS shall not be responsible or liable for such any injuries, damages, loss or thefttheft of personal property EVEN IN THE EVENT OF NEGLIGENCE OR FAULT BY RUM RUNNER PARTY BOATS, even whether such negligence is present at the signing of this Release or takes place in the event future. Further, in consideration for rental and use of negligence or fault by SBCequipment from RUM RUNNER PARTY BOATS, I release from all liability and promise not to xxx RUM RUNNER PARTY BOATS from any and all claims as stated that may occur as a result of my participation, rental, and use of equipment from RUM RUNNER PARTY BOATS. FURTHERMOREI further agree to hold RUM RUNNER PARTY BOATS harmless from any and all claims, BOAT CLUB MEMBER ACKNOWLEDGES THAT HE OR SHE HAS READ THIS WAIVER/RELEASE OF LIABILITY AND FULLY UNDERSTANDS THAT IT IS A RELEASE OF LIABILITY. BOAT CLUB MEMBER IS WAIVING ANY RIGHT THAT HE OR SHE MAY HAVE TO BRING LEGAL ACTION TO ASSERT A CLAIM AGAINST SBC OR RECREATIONAL MARINE COMPANY, LLC, OR THEIR EMPLOYEES, AGENTS, MEMBERS AND CONTRACTORS FOR THEIR NEGLIGENCE. 37. CONDITION OF BOAT CLUB VESSELS. Boat Club Member hereby acknowledges that he or she has been given an opportunity to inspect including attorneys’ fees and examine the boat club vessels and the provided equipment prior to signing this Boat Club Membership Agreement and he or she will additionally inspect and examine the boat club vessel prior to each launch and accepts the condition (“Proper Condition”) of the boat club vessels upon each launch as confirming the boat club vessel and equipment are in a safe and proper running condition. Boat Club Member further acknowledges that he or she shall return the boat club vessels and equipment in the same Proper Condition, less normal wear and tearall damages. If the boat club vessel is not retuned in the same Proper ConditionRUM RUNNER PARTY BOATS incurs any of these types of expenses, normal wear and tear exceptedI agree to reimburse RUM RUNNER PARTY BOATS. If I need medical treatment, Boat Club Member shall I agree to be financially responsible for any and all costs associated with retuning the boat club vessel incurred as a result of such treatment. I am aware and understand that I should carry my own health insurance. This Waiver and Release does not apply to the Proper Condition including lost revenue while repairs are being madegross negligence or intentional torts by RUM RUNNER PARTY BOATS.