READ CAREFULLY - WAIVER AND RELEASE OF LIABILITY
In consideration of Yellowfin, Inc. dba Yellowfin Ocean Sports furnishing services and/or equipment to enable me, any minor children for whom I am parent, legal guardian, or otherwise responsible, any heirs, personal representatives or assigns, to participate in activities using equipment provided by the above, I agree as follows:
I fully understand and acknowledge that outdoor recreational activities have: a) inherent risks, dangers and hazards, and such exists in my use of equipment rented, leased, or purchased from Yellowfin, Inc. dba Yellowfin Ocean Sports; b) my participation in such activities and/or use of such equipment may result in injury or illness including, but not limited to bodily injury, disease, strains, fractures, partial and/or total paralysis, death or other ailments that could cause serious disability; c) these risks and dangers may be caused by the negligence of the owners, employees, officers or agents of Yellowfin Ocean Sports, Yellowfin, Inc., or any other business or agent of corporate shareholders individually; the negligence of the participants, the negligence of others, accidents, breaches of contract, the forces of nature or other causes. Risks and dangers may arise from foreseeable or unforeseeable causes including, but not limited to, guide decision making, including that a guide or instructor or participant may misjudge terrain, water conditions, weather, trail or water route location, and water conditions, risks of falling out of or drowning while in a canoe or kayak, any risks incurred while riding a bicycle, including all types of falls, equipment failures, collisions with pedestrians, other bicycles, or motorized vehicles, and such other risks, hazards and dangers that are integral to recreational activities and/or use of equipment. I hereby assume all risks and dangers and all responsibility for any losses and/or damages, whether caused in whole or in part by the negligence or other conduct of Yellowfin, Inc. dba Yellowfin Ocean Sports, or any other business or agent of corporate shareholders individually.
The venue of any dispute that may arise out of this agreement or otherwise between the parties to which Yellowfin Ocean Sports, Yellowfin, Inc., or any other business or agent of corporate shareholders individually shall be Walton County Florida. If any provision of this agreement is determined to be unenforceable, all other provisions shall be given full force and effect.
I HAVE READ THE ABOVE WAIVER AND RELEASE AND BY SIGNING IT AGREE IT IS MY INTENTION TO EXEMPT AND RELIEVE YELLOWFIN, INC. DBA YELLOWFIN OCEAN SPORTS, OR ANY OTHER BUSINESS OR AGENT OF YELLOWFIN, INC. OR SHAREHOLDERS INDIVIDUALLY, FROM LIABILITY FOR PERSONAL INJURY, PROPERTY DAMAGE OR WRONGFUL DEATH CAUSED BY NEGLIGENCE OR ANY OTHER CAUSE.
UNDER NO CIRCUMSTANCES WILL I OPERATE OR ALLOW ANY OTHER PERSON TO OPERATE KAYAKS OR PADDLEBOARDS IN THE GULF OF MEXICO UNDER RED FLAG CONDITIONS, INDICATING HAZARDOUS SURF CONDITIONS.
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