Mastercraft-insurance

Summit and Shore Alliance Boat Rental Agreement

Exhibit 1 — Participant Assumption of Risk, Liability Waiver, Release, and Indemnification Agreement

In consideration for the services provided by Summit & Shore Alliance, a 501(c)(3) nonprofit ("SSA"), and/or any of its affiliates, employees, managers, members, officers, owners, volunteers, and/or any other persons or entities acting in any capacity on behalf of the foregoing (collectively referred to as "SSA"), I agree, for myself and on behalf of all minors and other members of my party (each a "Participant"), as follows:

1. Assumption of Risk

I understand that:

• SSA rents boats and related equipment (the "Vessel") for recreational use; and
• SSA may provide instructions, recommendations, or guidelines regarding the use of the Vessel.

I understand that participating in boating and related activities entails known and unanticipated risks that could result in injury, illness, property damage, or death. These risks include, but are not limited to:

• Equipment failure and/or malfunction of the Vessel or other participants' vessels.
• Collisions, capsizing, sinking, grounding, or flooding.
• Risks associated with wakes, waves, and changing water or weather conditions.
• Risks associated with docks, piers, shorelines, submerged or floating objects (including rocks, logs, debris, or other vessels).
• Exposure to outdoor elements including high temperatures, sun, wind, storms, rain, lightning, and sudden or severe weather changes.
• Encounters with wildlife, fish, marine life, or insects.
• Slips, trips, and falls while boarding, disembarking, or on the Vessel.
• Injuries resulting from operator error, negligence of Participants, SSA, or others.
• Accidents or illness occurring in remote areas where medical assistance may be delayed or unavailable.

I understand that the risks described above are not complete and that unknown or unanticipated risks may also result in injury, illness, or death.

IN LIGHT OF THE FOREGOING, I EXPRESSLY ASSUME ALL RISKS ASSOCIATED WITH THE RENTAL, OPERATION, AND USE OF THE VESSEL, FOR MYSELF AND ALL MEMBERS OF MY PARTY.

2. Waiver and Release

I, for myself and each Participant in my party, voluntarily waive, release, and discharge SSA from any and all claims, liabilities, damages, or causes of action, including for personal injury, property damage, or wrongful death, that I or my estate, heirs, survivors, executors, or assigns may have now or in the future, arising from or related to the use of the Vessel or participation in related activities, including claims based on the active or passive negligence of SSA.

This release does not extend to claims or liabilities that applicable state law does not permit to be excluded or released by agreement.

3. Indemnification

To the fullest extent permitted by law, I agree to indemnify, defend, and hold harmless SSA from any and all losses, liabilities, claims, demands, causes of action, damages, or costs (including lost profits, attorney's fees, court costs, and expenses) arising out of or related to:

• My breach of this Agreement;
• My use or operation of the Vessel;
• The conduct of any Participant in my party; or
• Any third-party claims caused by my actions or omissions.

This indemnity extends to all damages, losses, fees, and expenses incurred by SSA arising from damage to the Vessel, including the cost of repair or replacement.

Loss of Rental Income. In addition to repair or replacement costs, I agree to reimburse SSA for loss of rental income at the Vessel's then-current daily rental rate for each day or partial day the Vessel is unavailable for rental due to repair or replacement necessitated by damage covered under this Section 3, measured from the date of the damage until the date the Vessel is returned to rentable condition.

4. Responsibility for Minors in My Party

I represent that I am the parent or legal guardian of, or am otherwise authorized to act on behalf of, each minor in my party. I assume full responsibility and liability for each such minor, including their conduct, safety, and any risks they may face during the rental. The assumption of risk, waiver, release, and indemnification provisions of this Agreement apply equally to each minor in my party as if they had signed individually, and I agree to indemnify SSA for any claim brought by or on behalf of any minor in my party.

5. Operator Representations & Safe Use

I represent and agree that any person who operates the Vessel:

• Holds a valid driver's license and is of legal age to operate the Vessel;
• Is physically and mentally fit to operate the Vessel safely; and
• Will not operate the Vessel while under the influence of alcohol, cannabis, or any drug or substance that impairs safe operation.

I agree to follow all safety instructions provided by SSA and all applicable boating laws and regulations; to ensure that all passengers wear properly fitted personal flotation devices (PFDs) as required by law; and not to exceed the Vessel's rated passenger capacity. I further agree to operate the Vessel only within the authorized waters of Lake Powell and Glen Canyon National Recreation Area, and to comply with all National Park Service regulations and any applicable permit or Commercial Use Authorization requirements.

6. Damage Waiver and Security Deposit

At the time of booking, I will select one of the following damage coverage options for the Vessel:

• Opt Out / No Insurance: I decline damage coverage and accept full financial responsibility for all damage to the Vessel hull and equipment, regardless of cause or amount. A $1,500 security deposit is required and held via Stripe authorization.
• $3,000 Coverage ($350 for the first day plus $50 for each additional day): Covers eligible accidental damage to the Vessel up to $3,000. I remain responsible for any damage exceeding $3,000 and for any excluded damage.
• Full Hull Coverage ($700 for the first day plus $100 for each additional day): Eligible accidental damage to the Vessel hull is fully covered. I am not responsible for covered hull repair costs, except for any excluded damage.
• Exclusions: The Damage Waiver does not cover theft, total loss, gross negligence, criminal conduct, or damage occurring outside the rental term.
• Security Deposit ($1,500): Refundable upon timely return of the Vessel in good condition. Deductions may be made for cleaning, repair, replacement, damage, or late fees.

Note: The Damage Waiver options above cover repair or replacement costs to the Vessel. They do not cover loss of rental income, which remains the Participant's responsibility under Section 3 regardless of which damage coverage option is selected.

7. Health, Fitness & Emergency Medical Care

I certify that I and each member of my party are in good health and physically able to participate in boating activities, and I assume all risks associated with any pre-existing physical or medical condition. In the event of an injury, illness, or emergency, I authorize SSA to arrange or secure emergency medical treatment for me or any minor in my party as SSA reasonably deems necessary. I understand that I am responsible for all costs of such treatment, and that SSA does not assume responsibility for the quality or outcome of any care provided.

8. Photograph & Media Release

From time to time, SSA may capture photographs or video during rentals and activities. In the event my image or that of my party is captured, I grant SSA permission to use such photographs and video for marketing and promotional purposes, without compensation. If I prefer not to be included, I may simply let a staff member know, and SSA will honor that request.

9. Insurance Acknowledgment

I certify that I have adequate insurance or financial means to cover any injury, damage, or liability that I or my party may cause or suffer. I understand SSA does not provide health, disability, medical, or liability insurance for Participants.

10. Governing Law, Venue, and Enforcement

This Agreement shall be governed by the laws of the State of Arizona, and venue and jurisdiction shall lie exclusively in the courts of Arizona. Because Lake Powell lies within both Arizona and Utah, I agree to comply with the boating laws and regulations of both states while operating the Vessel. If SSA is required to enforce any provision of this Agreement, I agree to pay SSA's reasonable attorneys' fees, court costs, and expenses.

11. Severability and Survival

This Agreement shall be binding to the fullest extent permitted by law. If any portion of this Agreement is found to be unenforceable, the remaining provisions shall remain in effect. In the event of my death or disability, this Agreement shall be binding on my estate, heirs, executors, administrators, or legal representatives.

12. Electronic Signature and Acknowledgment

By signing or submitting this Agreement electronically, I acknowledge that I have read and understand this Waiver and Agreement, and that I am giving up substantial legal rights, including the right to sue. I agree that my electronic signature has the same legal force and effect as a handwritten signature and is legally binding upon me, my party, and my estate, heirs, and representatives.

Please sign below to acknowledge your agreement to the terms above.