Waiver, Release and Indemnity Terms and Conditions
IN CONSIDERATION OF the Undersigned being permitted to enter the premises, the storage area or marina (hereinafter) “the Premises”, and view, inspect, and board the vessel or vessels located thereon, the Undersigned, on behalf of himself of herself, his or her heirs, assigns, and personal representatives, hereby releases, waives, discharges, covenants not to sue, and holds harmless Boat U.S., Boat America Corp., Certified Sales, Inc., CNA, any and all insurance companies, subsidiaries, parents, agents, representatives, employees, directors, officers, underwriters, owners, operators, surveyors, heirs and assigns (hereinafter collectively referred to as “Releasees”) from and for any and all liability, damage, loss, claim, causes of action, debts or dues, on account of, in connection with, or resulting from, any and all injury to the person or property of the Undersigned or resulting in the death or permanent disability of the Undersigned, whether caused by the negligence of Releasees or otherwise, in any way related to the Undersigned being on, in, aboard, and around the premises and the vessel or vessels located thereon. The Undersigned further agrees and covenants to indemnify releasees and hold them harmless from any and all loss, liability, damage, costs, and attorneys’ fees and disbursements which Releasees may incur or suffer, due to the Undersigned’s presence on, in, aboard, and aboard, and around the premises and the vessel or vessels, whether caused wholly or in part by the negligence of Releasees or otherwise.
The Undersigned agrees, acknowledges and understands that entering the Premises and viewing and boarding salvaged, distressed, and damaged vessels thereon is an inherently dangerous activity which involves risks of serious bodily injury, death, disability or property damage to the Undersigned. Accordingly, the Undersigned assumes all responsibility and liability for all such risks, including, without limitation, all risks of bodily injury, disability, death, loss of or to property, and damage due to any and all acts or omissions of Releasees, whether or not such risks are foreseeable. THE UNDERSIGNED HEREBY WAIVES ALL RIGHT TO TRIAL BY JURY IN ANY DISPUTE, ACTION OR CLAIM BASED UPON THE UNDERSIGNED’S ENTRY ONTO AND PRESENCE ON, IN, ABOARD, AND AROUND THE PREMISES AND THE VESSEL OR VESSELS LOCATED THEREON.
The undersigned has carefully read this Waiver, Release, and Indemnity Agreement and signs it of his or her own free will and volition.