WAIVER, RELEASE, INDEMNITY AND HOLD HARMLESS AGREEMENT
YOU MUST READ AND ACCEPT THIS AGREEMENT BEFORE PARTICIPATING IN THE BENETEAU AMERICA EVENT AND/OR OPERATING RIDING OR USING A BENETEAU AMERICA PRODUCT. IT RELEASES PARTICIPATING ENTITIES FROM LIABILITY TO YOU ARISING FROM YOUR PARTICIPATION IN THE BENETEAU AMERICA EVENT AND/OR USE OF THE BENETEAU AMERICA PRODUCT.
BENETEAU by Invitation
In consideration for and as an express condition of participating in the (“Event”), including but not limited to operating, riding, or using the PRODUCT (as defined below), I agree and acknowledge as follows:
The Waiver, Release, Indemnity, and Hold Harmless Agreement releases Beneteau America Inc. and each of their related, constituent, or affiliated entities including each of their directors, officers, shareholders, agents, dealers and employees (“RELEASEES”) from any liability relating to my participation in the Event and my use, ride, or operation of a Beneteau boat, or any other PRODUCT designed, manufactured or distributed by RELEASEES (“PRODUCT”) during this event.
I have been informed of applicable regulation, the operational features and the care and safety precautions before using, riding or operating the PRODUCT. I know that PRODUCT operation can be dangerous which exposes me to serious personal injury or death. However, I want to operate, ride or use the PRODUCT for my own needs, reasons and desires and therefore choose to participate at my own risk.
I acknowledge and state that I am eighteen (18) years of age or older and I will not allow any person under the age of eighteen to operate the PRODUCT.
I agree to waive any claim or cause of action which I may now have or may have in the future against RELEASEES, by reason of any injury, damage or other losses I may sustain arising out of my participation in the Event and my use, rise or operation of the PRODUCT. I further agree to release, discharge, indemnify, defend and hold each and all of said RELEASEES harmless from and against any and all claims, causes of action, demands or changes of any nature, including but not limited to claims with respect to my participation in the Event and from the design, manufacture, assembly, preparation, repair or maintenance of the PRODUCT, or with respect to the conditions, qualifications, instructions, rules or procedures under which the use of the PRODUCT is permitted or conducted, or from any other cause, which any party may claim to have or hold for property damage or personal injuries, including injury or death, arising out of my use, ride or operation of RELEASEE’S PRODUCT while participating in the Event even if caused in whole or in part by the RELEASEE whether due to negligence or not, on behalf of myself, spouse, heirs, agents, assigns, representatives or employer. I represent, state and warrant that I have general liability insurance that covers my use, ride or operation of the PRODUCT.
I agree to wear all recommended protective apparel and to operate, ride or use the PRODUCT according to all applicable laws. I have reviewed the on-product warnings, labels and instructional material. I have also received verbal instruction regarding the use of the PRODUCT. I have experience with use of this PRODUCT.
I agree not to operate the PRODUCT under the influence of alcohol, drugs, or anything that could impair my faculties and/or judgment. I have no physical or mental disability that interferes with the operation, ride, or use of the PRODUCT.
I hereby agree not to sue RELEASEES for any injuries or damages of any kind including those caused by or resulting from RELEASEES own acts of negligence and/or design, manufacturing, or assembly defects in the PRODUCT. I understand that this entire agreement shall be binding upon my heirs, executors, administrators and assigns.
I irrevocably consent to and authorize RELEASEES and its assigns (including but not limited to third parties to whom RELEASEES provide such information, “Assigns”) to use my name and likeness in any photos, video, or other reproduction of me while using the PRODUCT and RELEASES may keep all film or prints of me, for any reason and without compensation. I also consent to and authorize RELEASEES and its Assigns the absolute and irrevocable right, and permission to use, publish, reproduce, without limitation, any and all quotes, blogs, testimonials, product reviews, and the like from me (or minor) regarding the PRODUCT for editorial, trade, advertising, website, social media, internal communication or other lawful purpose, without compensation and no promise or inducement has been offered.
I understand that there are inherent risks in participating in the Event and operating, riding or using the PRODUCT. I acknowledge that I am freely and expressly assuming and accepting any and all risks of personal injury or death, and property damage including those caused by the negligence of RELEASEES and/or any design, manufacturing or assembly defects in the PRODUCT. I also understand that if any part of this agreement is determined to be unenforceable, all other parts will be given in full force and effect.
COVID-19 RELEASE OF LIABILITY, WAIVER OF CLAIMS, AND COVENANT NOT TO SUE
The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization, the Center for Disease Control, and other agencies, governments, and individuals. COVID-19 is extremely contagious and is believed to spread mainly from person-to-person contact. As a result, federal, state, and local governments and federal and state health agencies recommend social distancing and have, in many locations, prohibited the congregation of groups of people. RELEASEES have put in place certain preventative measures to reduce the spread of COVID-19; however, RELEASEES cannot guarantee that you or your child(ren) will not become infected with COVID-19. In the event you or your child(ren) contract COVID-19 at RELEASEES sponsored event, it is unclear whether liability insurance is available to RELEASEES and its representatives. Accordingly, RELEASEES is requiring the execution of this Release, Waiver, and Covenant as an absolute condition precedent to your participation in the Event.
Participating in the Event and related activities could increase your risk and your child(ren)’s risk of contracting COVID-19. For purposes of this release, waiver, and covenant, you must assume that whatever is being done to protect you will not be sufficient. If you are not willing to assume the risk, release all claims, and promise not to sue, you are not permitted to participate.
I acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that my child(ren) and I may be exposed to or infected by COVID-19 by participating in the Event, and that such exposure or infection may result in personal injury, illness, permanent disability, and death. I understand that the risk of becoming exposed to or infected by COVID-19 may result from the actions, omissions, negligence, gross negligence, willfulness or intentional acts of myself and others, including, but not limited to, RELEASEES employees, volunteers, and program participants and their families.
I voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to my child(ren) or myself (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind, that I or my child(ren) may experience or incur in connection with my child(ren) and my participation in the Event (“Claims”).
I, on my behalf, and on behalf of my children, hereby release, covenant not to sue, discharge, and hold harmless RELEASEES, its employees, agents, and representatives, of and from the Claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto. I understand and agree that this release includes any Claims based on the actions, omissions, negligence, gross negligence, willfulness, and intentional acts of RELEASEES, its employees, agents, and representatives, whether a COVID-19 infection occurs before, during, or after participation in any Beneteau Event.
I hereby certify that my child(ren) and I are covered by health insurance.
I understand that I have no factual or legal basis to bring any action against Beneteau, its board of governors, officers, general manager, employees, volunteers of the Event, fellow participants who may have been present or involved in any way.
IN CONSIDERATION OF PARTICIPATING IN THE EVENT AND FOR OPERATING, RIDING, OR USING THE PRODUCT, I ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS AGREEMENT AND FULLY UNDERSTAND AND AGREE TO THE CONTENTS.