In consideration of Zilker Park Boat Rentals furnishing services and/or equipment to enable me to participate in Zilker Park Boat Rentals activities and rentals, I agree as follows:
THERE ARE RISKS!
I fully understand and acknowledge that outdoor recreational activities have: (a) inherent risks, dangers and hazards and such exists in my use of Zilker Park Boat Rentals equipment and my participation in Zilker Park Boat Rentals 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 risk and dangers may be caused by the negligence of the owners, employees, officers or agents of Zilker Park Boat Rentals; the negligence of the participants, the negligence of others, accidents, breaches of contract, the forces of nature and other causes. Risk and dangers may arise from foreseeable or unforeseeable causes including, but not limited to, guide decision making, including that a guide may misjudge terrain, weather, trail or river route location and water level, risks of falling out of or drowning while canoeing and kayaking an 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 damages, whether cause in whole or in part by the negligence or other conduct of the owners, agents officers, or employees of Zilker Park Boat Rentals, or by any other person.
ZILKER PARK BOAT RENTALS IS
RELEASED FROM ANY LIABILITY
I, on behalf of myself, my personal representatives, and my heirs hereby voluntarily agree to release, waive, discharge, hold harmless, defend and indemnify Zilker Park Boat Rentals and its owners, agents officers and employees as well as the City of Austin 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 Zilker Park Boat Rentals equipment or my participation in Zilker Park Boat Rentals 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 Zilker Park boat Rentals.
VENUE
The venue of any dispute that may arise out of this agreement or otherwise between the parties which Zilker Park Boat Rentals or its agents is a
party shall be in a court in Austin, county of Travis, state of Texas.
Read and Sign on Page Two
Page Two
I HAVE READ THE ABOVE
WAIVER AND RELEASE AND BY SIGNING IT AGREE.
IT IS MY INTENTION TO EXEMPT AND RELIEVE ZILKER PARK BOAT RENTALS AND
THE CITY OF AUSTIN FROM LIABILITY FOR PERSONAL INJURY, PROPERTY DAMAGE OR WRONGFUL
DEATH CAUSE BY NEGLIGENCE OR ANY OTHER CAUSE.
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