Last updated: April 12, 2021
I. DISCLAIMER
This form is a Waiver, also known as a Release of Liability and Assumption of Risk Agreement (hereinafter the “Liability Agreement”) is applicable to all Members and their guests and/or passengers using the boat ramp provided by Sunshine RV Campground LLC., a Florida Corporation (hereinafter “Fishcreek Boat Ramp”) as well as any other affiliated entities or individuals there under. For purposes of this Agreement, the term “Fishcreek Boat Ramp” shall include all member/s, manager/s, officer/s, employee/s, agent/s, representative/s, assign/s, successor/s, insurer/s of Sunshine RV Campground LLC. Member agrees that you are also signing this Agreement on behalf of any minor children for whom you are the parent, guardian, or whom you are otherwise responsible for the care, custody or control.
II. EXPRESS ASSUMPTION OF RISK—CAUTION!! READ BEFORE SIGNING
I ACKNOWLEDGE THAT THE USE OF THE BOAT RAMP AND THE SURROUNDING BOAT DOCK OPERATION OR USE OF A HAS INHERENT RISKS THAT MAY LEAD TO BODILY INJURY, DEATH, DROWNING AND/OR PROPERTY LOSS NOT TO EXCLUDE DAMAGE. I FURTHER UNDERSTAND THAT I AM NOT BOUND OR REQUIRED TO USE THIS BOAT RAMP AND I HAVE WILLINGLY AND VOLUNTARILY DECIDED TO USE THIS BOAT RAMP TO LAUNCH A BOAT. I REALIZE THAT I AM FREE TO USE ANY OTHER BOAT RAMP TO ACCESS THE WATER AND I ACCEPT ANY AND ALL RISKS ASSOCIATED WITH THIS PRIVATELY OWNED BOAT RAMP. I KNOWINGLY AND VOLUNTARILY ASSUME ALL RISK OF INJURY, ILLNESS, DAMAGE OR LOSS, BOTH KNOWN AND UNKNOWN, ASSOCIATED WITH THE BOAT RAMP OPERATION EVEN IF ARISING FROM THE NEGLIGENCE OR OMISSION OF FISHCREEK BOAT RAMP, AND ASSUME FULL RESPONSIBILITY FOR MY USE OF THE RAMP AND MY PERSONAL WATERCRAFT.
III. RELEASE / COVENANT NOT TO SUE—CAUTION!! READ BEFORE SIGNING
I HEREBY RELEASE AND HOLD HARMLESS Fishcreek Boat Ramp FROM ALL LIABILITY, CLAIMS, DEMANDS, LAWSUITS, ARBITRATION/S OR CAUSES OF ACTION FOR ANY INJURY, ILLNESS, DISABILITY, DEATH, OR LOSS OR DAMAGE TO ANY PERSON OR PROPERTY SUSTAINED BY ME AND/OR ANY MINOR CHILDREN FOR WHOM I AM A PARENT, LEGAL GUARDIAN, OR WHOM I AM OTHERWISE RESPONSIBLE, WHETHER CAUSED BY THE NEGLIGENCE OF Fishcreek Boat Ramp OR OTHERWISE. THIS INCLUDES ANY INJURY, ILLNESS, DISABILITY, DEATH, OR LOSS OR DAMAGE TO PERSON OR PROPERTY SUSTAINED AS A RESULT OF A HIDDEN, LATENT OR OBVIOUS DEFECT ON THE PROPERTY. AS PART OF THE CONSIDERATION FOR USING THE BOAT RAMP, I AGREE NOT TO FILE A LAWSUIT OR OTHER PROCEEDING OR MAKE A CLAIM AGAINST Fishcreek Boat Ramp FOR ANY DEATH, ILLNESS, INJURIES, OR DAMAGE OR LOSS TO PERSONS OR PROPERTY SUFFERED AS A RESULT OF MY OPERATION AND USAGE OF THE BOAT RAMP. IT IS THE INTENT OF THIS AGREEMENT TO FULLY AND COMPLETELY RELEASE Fishcreek Boat Ramp FROM ANY AND ALL LAWSUITS, PROCEEDINGS OR CLAIMS OF ANY TYPE WHATSOEVER.
I expressly agree that Fishcreek Boat Ramp shall not be liable for any loss or damage to any personal property and vehicles/trailers/watercraft left, stored or transported by me to the property.
IV. WARNINGS…
In consideration of the use of the Boat Ramp and the property, facilities of Fishcreek Boat Ramp, the undersigned member acknowledges the following warning.
WARNING: There are significant elements of risk in any adventure sport or activity on the water or associated with the use or presence of water craft and boat ramps. These risks are inherent in boating and may be present even if the boat ramp and the watercraft is used properly and even in still water. The member understands and acknowledges that the use of the boat ramp involve risks such as, but not limited to, the following:
(a) Slippery ramp surface due to presence of water and other debris;
(b) collision with other participants, other watercraft, man made or natural objects, including overhanging, submerged and/or semi-submerged trees, branches, rocks and boulders;
(c) injury while getting in and out of the craft;
(d) the presence of wild animals, including marine life forms;
(e) unavailability of emergency aid services and emergency medical care. The listing of these risks is not intended, and shall not be construed as, all of the possible risks associated with the use of the boat ramp.
V. Assumption of Risk.
Based upon the warnings above and member's acknowledgement of the inherent risks of using and operating the ramp and that some or all of those risks may be unavoidable even with reasonable care in the use and operation of the ramp. By executing this agreement the Member expressly assumes all risks that arise from the use and operation of the ramp, including the risk of property damage, bodily injury and possibly death, including the acts of others, the unavailability of emergency care and any other foreseeable or unforeseeable factors and/or circumstances related to the use of the boat ramp. The member and their guests assume all risk associated with use of the boat ramp.
In Witness Whereof, the undersigned member has read, understands and agrees to be legally bound to this Agreement effectively Waiving THEIR rights and Releasing of Liability to Fishcreek Boat Ramp shall not be liable for any loss or damage to any personal property and vehicles/trailers/watercraft left, stored or transported by me to the property., FURTHER realizes it relates to surrendering valuable legal rights and assuming important legal responsibilities, does so freely and voluntarily, and does so for himself or herself and his or her heirs, not to exclude the guests by checking this box.