WHEELZUP ADVENTURES WAIVER AND RELEASE OF LIABILITY
In consideration of Wheelzup Adventures furnishing services and/or equipment to enable me to participate in Watersports Activity 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 Wheelzup Adventures equipment and my participation in Wheelzup Adventures activities; (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 Wheelzup Adventures; 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, binding systems not releasing, equipment coming off and hitting the user, slipping and falling on wet, equipment failure, slippery, or moving surfaces, being hit by another vessel, lighting or storms, being hit by a towed person or object, drowning, hitting a submerged object such as a log, hitting a dock, pulling or tearing a ligament or muscle, puncturing an ear drum, being hit by a vehicle, falling off the rented item and hitting it, 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 the owners, agents, officers, or employees of Wheelzup Adventures, or by any other person.
I, on behalf of myself, my personal representatives and my heirs hereby voluntarily agree to release, waive, discharge, hold harmless, defend and indemnify Wheelzup Adventures and its owners, agents, officers and employees from any and all claims, actions or losses for bodily injury, property damage, wrongful death, loss of services or otherwise which may arise out of my use of Wheelzup Adventures equipment, my transporting the equipment, and my participation in Wheelzup Adventures activities. I specifically understand that I am releasing, discharging and waiving any claims or actions that I may have presently or in the future for the negligent acts or other conduct by the owners, agents, officers or employees of Wheelzup Adventures.
The Venue of any dispute that may arise out of this agreement or otherwise between the parties to which Wheelzup Adventures or its agents is a party shall be either the District Court of Maryland or Circuit Court of Maryland in Garrett County.
__ (by signing below) I AGREE TO WEAR A PERSONAL FLOTATION DEVICE (LIFE JACKET) AT ALL TIMES AND WILL REQUIRE THIS OF ANYONE USING THIS RENTAL EQUIPMENT
__ (by signing below) I AND ANYONE USING THIS RENTAL EQUIPMENT KNOW HOW TO SWIM.
I agree to only use this rental on Deep Creek Lake unless otherwise agreed in writing. I will not use this rental while under the influence of alcohol or controlled substance. I also know that this Rental will not be used between dusk and dawn. I agree no one else will use or ride this equipment without them filling out a release form.
The renter assumes responsibility for any damages to the rented equipment and agrees to pay for repairs or replacements that may be necessary if lost, broken, or stolen at the discretion of Wheelzup Adventures.
I HAVE READ THE ABOVE WAIVER AND RELEASE AND BY SIGNING IT AGREE. IT IS MY INTENTION TO EXEMPT AND RELIEVE WHEELZUP ADVENTURES FROM LIABILITY FOR PERSONAL INJURY, PROPERTY DAMAGE OR WRONGFUL DEATH CAUSED BY NEGLIGENCE OR ANY OTHER CAUSE. If any part of this Agreement is deemed to be unenforceable, the remaining terms shall be an enforceable contract between the parties.