EQUIPMENT & ACTIVITIES
Release & Indemnification Agreement
In consideration of the opportunity of the undersigned (hereinafter “Guest”) to use or operate equipment, including without limitation, golf and resort carts (“Carts”), playground equipment, and water toys such as canoes, kayaks, paddle boards, water bouncers, slip and slides, etc. (collectively, with Carts, the “Equipment”) and/or to participate in activities (“Activities”) at The Abaco Club on Winding Bay (“Abaco Club”) and other good and valuable consideration, the receipt and sufficiency of which consideration is hereby acknowledged, I hereby agree, intending to be legally bound as follows:
1. I recognize there are certain risks involved in participating in the use and operation of the Equipment and participation in the Activities including, but not limited to, bodily injury and death, and assume such risks on my own, and on behalf of my minor children, as a condition precedent to being permitted to use and operate the Equipment and/or participate in any such Activities.
2. For myself, my minor children, and my successors and assigns, I hereby waive any claim for damages of any nature and release and forever discharge The Abaco Club, The Abaco Sporting Club Ltd., and each of their respective officers, directors, stockholders, agents, insurers, employees, parent companies, subsidiaries, successors and assigns (“Indemnified Parties”) from any and all actions, costs, suits, demands, claims, damages, losses and liabilities (including reasonable attorney’s fees) of any type or kind whatsoever arising out of or caused by my use and operation of the Equipment and/or participation in any such Activities and/or by my minor children’s use and operation of the Equipment and/or participation in any such Activities.
3. I (on my behalf, and as a parent/guardian of a guest under the age of eighteen (18)) agree to indemnify, defend and hold harmless the Indemnified Parties from and against all liability, claims, suits, demands, judgments, costs and expenses (including attorneys’ fees) to which any or all of them may be subject by reason of any claim for, any injury to or death of any person or persons, or for damage to property or otherwise arising from or in connection with my use or operation of the Equipment and/or participation in Activities and/or my minor children’s use and operation of the Equipment and/or participation in any such Activities.
4. I acknowledge receipt and review of the Cart Use Rules, attached hereto, and I have read this Release and Indemnification and fully understand that it is a release of liability.