Liability Waiver – Explorer Boats

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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 any minors listed below (each a “Participant”), as follows:

1. Assumption of Risk

I understand that:

(a) SSA rents boats and related equipment (the “Vessel”) for recreational use; and
(b) 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.

2. Navigation, Rock Hazards, and Operator Responsibility

I understand and acknowledge that Lake Powell contains rock hazards, submerged objects, shoals, sandbars, and other obstructions — both marked and unmarked. Water levels fluctuate, and hazards that are visible one day may be submerged the next. Navigational markers and buoys may be missing, moved, or absent entirely.

I understand that it is the boat operator’s sole responsibility to operate the Vessel safely, maintain a proper lookout, control speed, and avoid all hazards, whether marked or unmarked. I assume full responsibility for any damage to the Vessel, persons, or property resulting from contact with any rock, submerged object, shoreline, or other hazard.

3. Jet Ski Operation and Beaching Prohibition

If the Vessel is a jet ski (personal watercraft), I understand and agree to the following additional terms:

• No beaching. Beaching a jet ski is strictly prohibited. Unlike traditional sandy beaches, Lake Powell’s shorelines are inherently rocky, which presents a significant hazard and frequently causes damage to the watercraft.
• Proper shoreline approach. If I approach a beach or shoreline, the jet ski must be shut off and swum in. I must be chest-deep in the water and walk the jet ski in by hand to help prevent rock and debris damage.
• Residual risk. I understand that even when following the proper approach, this does not guarantee that rocks, sand, or debris will not enter or damage the watercraft. Any time the jet ski is taken to or near a beached or shoreline area, it is done entirely at the risk and responsibility of the operator.
• Operator liability. I assume full responsibility for any and all damage to the jet ski resulting from beaching, improper shoreline approach, or contact with rocks, sand, or debris.

4. Waiver and Release

I, for myself and each Participant listed below, 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.

5. 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, including lost rental income or downtime resulting from damage to the Vessel.

6. Damage Waiver and Security Deposit

• Optional Damage Waiver ($37/day): If purchased, limits my liability for accidental Vessel damage to the $800 Security Deposit.
• Without Damage Waiver: I assume full responsibility for all damage to the Vessel, regardless of cause or amount.
• Exclusions: The Damage Waiver does not cover theft, total loss, gross negligence, criminal conduct, or damage occurring outside the rental term.
• Security Deposit ($800): Refundable upon timely return of the Vessel in good condition. Deductions may be made for cleaning, repair, replacement, damage, or late fees.

7. Lost Rental Income

I understand and agree that if the Vessel is damaged due to operator error, negligence, or improper use, and that damage renders the Vessel unavailable for rental, SSA reserves the right to charge me for lost rental days while the Vessel is being repaired or is otherwise out of service. Lost rental days will be charged at the Vessel’s standard daily rental rate for each day the Vessel is unavailable for rental. This charge is in addition to, and separate from, the cost of repairs or replacement.

8. 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.

9. Governing Law, Venue, and Enforcement

This Agreement shall be governed by the laws of the state in which the Vessel is rented. Venue and jurisdiction shall lie exclusively in the courts of that state.

If SSA is required to enforce any provision of this Agreement, I agree to pay SSA’s reasonable attorneys’ fees, court costs, and expenses.

10. 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.

SIGNATURE

By signing below, I acknowledge that I have read and understand this Waiver and Agreement. I understand that by signing, I am giving up substantial legal rights, including the right to sue.

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