Brittingham Boats 2020 Season Waiver
PERMISSION FOR THE UNSUPERVISED USE OF THE WATERCRAFT BY A MINOR
ONLINE RENTAL AGREEMENT AND WAIVER
Note: By agreeing to these terms below you are providing Full and Complete Release of All Liability for all people that go out in your rental(s) , and you have gained their permission to agree to this waiver on their behalf.
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Madison Boats, LLC is an experienced provider of boating and recreation and it is our highest goal to assure the safety of every participant. Each participant is provided a coast guard approved personal flotation device and we seek to make the experience safe as well as fun. There are, however, still risks to these activities.
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This agreement is entered between the undersigned participant and/or parent and Madison Boats, LLC., Wingra Canoe & Sailing Center, Inc., DBA Wingra Boats, Brittingham Boats, LLC, and Marshall Boats, LLC, all Wisconsin corporations with a mailing address of 824 Knickerbocker Street, Madison, Wisconsin 53711. Hereinafter they are collectively ,referred to as MADISON BOATS. MADISON BOATS rents watercraft and provides related events and activities on Lake Wingra, Monona Bay, Lake Monona and Lake Mendota in Madison WI.
Rules: By completing your watercraft reservation you agree to obey all rules of MADISON BOATS. The Rules are designed to keep boaters and the equipment safe. Participants who violate written or verbal rules shall be warned and subsequent violations shall result in the suspension of use without refund or reinstatement. All rules are subject to change and the latest rules will be posted at all locations (Wingra Boats, Brittingham Boats and Marshall Boats). It is the responsibility of the undersigned to know and follow or ask for clarification of rules.
Full and Complete Release of All Liability: I, the undersigned participant and/or parent/legal guardian, being of lawful age, understand and expressly accept that, as in all sporting activities, and particularly in water sports, there are hazards which pose risks of injury to participants. These risks include but are not limited to accidental drowning, injury caused by contact with hard or sharp objects, hypothermia, and infection from water born substances, injury from collisions, or injuries resulting from broken or damaged equipment. I understand and expressly accept that the likelihood of injuries increase in relationship to the participants experience and capabilities. I represent that all participants and passengers under my membership will have sufficient capability to participate in the water sports activities and all other related activities. I understand and expressly accept any risk of exposure or resulting infection of infectious diseases including but not limited to COVID-19.
I hereby release, discharge, covenant not to sue, and AGREE TO INDEMNIFY AND SAVE AND HOLD HARMLESS MADISON BOATS, their administrators, directors, agents, officers, members, councilors, volunteers, employees, other participants, sponsors, advertisers, and, if applicable, owners and lessors of premises on which the activity takes place, (each considered one of the “releasees” herein) from all liability, claims, demands, losses, or damages on my account [or my child’s account] caused or alleged to be caused in whole or part by MADISON BOATS’ operations, including the Releasee’s negligence or negligent rescue operations. I further agree that if, despite this release, I, [my child, or anyone in the watercraft] makes a claim against any of the above named parties, I WILL INDEMNIFY, SAVE, AND HOLD HARMLESS each of the parties from any litigation expenses, attorney fees, loss liability, damage, or cost any may incur as the result of any such claim. This release does not apply to claims arising from intentional conduct.
I agree that if I am hurt or my property is damaged during my participation in this activity, then I may be found by a court of law to have waived my right to maintain a lawsuit against the parties being released on the basis of any claim for negligence.
Madison Boats cannot prevent you [your child, or anyone in the watercraft] from becoming exposed to, contracting, or spreading a communicable disease (such as Covid-19) while utilizing Madison Boat’s services or premises. Therefore, if you choose to rent a boat with Madison Boats you may be exposing yourself to and/or increasing your risk of contracting or spreading a communicable disease.
I have had sufficient time to read this entire document and, should I choose to do so, consult with legal counsel prior to signing. Also, I understand that this activity might not be made available to me or that the cost to engage in this activity would be significantly greater if I were to choose not to agree to this release, and agree that the opportunity to participate at the stated cost in return for the execution of this release is a reasonable bargain.
I have read and understood this document and I agree to be bound by its terms.