Sunnyside Dock & Marina Rental Liability Waiver

This Liability Waiver ("Waiver") applies to all individuals ("Guests") utilizing the dock, marina, boat storage facilities, and associated amenities located at Sunnyside Dock & Marina on Lake Pend Oreille (the "Property"). By clicking Accept, you acknowledge that you have read, understood, and agree to comply with the following terms and conditions:

Acknowledgement of Risks

I understand and acknowledge that utilizing the dock, marina, paddle boards, mountain bikes, floaties, fire pit, BBQ grill, cooler, boat storage facilities, and all recreational amenities listed on the amenities page of Sunnyside Dock & Marina (stayonsunnyside.com) involves inherent risks, including but not limited to:

• Slips, trips, falls, drowning, or injuries from watercraft operations, equipment malfunction, or user error.

• Burns or injuries associated with BBQ grills, fire pits, or roasting skewers.

• Injuries associated with the use of floaties, paddle boards, bicycles, and other recreational water activities.

• Encounters with wildlife, insects, hazardous weather conditions, or lake conditions.

• Damage to watercraft from theft, sinking, collisions with other vessels or marina structures, or weather-related incidents during boat storage or docking.

I further acknowledge that this list of risks is not exhaustive and that unforeseen risks may exist.

Assumption of Risk

I voluntarily assume full responsibility for all risks, dangers, and hazards associated with my use of the Property and its amenities. I expressly agree that my participation in these activities is undertaken entirely at my own risk.

Marina and Boat Storage

I expressly acknowledge that storing or docking my boat at Sunnyside Dock & Marina involves additional risks. Sunnyside Dock & Marina shall not be responsible or liable for water-related accidents, incidents, or any property damage, loss, or theft involving my boat, equipment, or personal belongings stored at the marina.

Waiver and Release

In consideration of my use of the Property, amenities, and boat storage facilities, I hereby release, waive, and discharge Sunnyside Dock & Marina, its owners, employees, contractors, agents, and affiliates (collectively, the "Released Parties") from all liability, claims, actions, damages, costs, or expenses arising from any loss, injury, illness, property damage, or death that may occur during my use of the Property or its amenities, including any such events caused by negligence of myself or the Released Parties.

Indemnification

I agree to indemnify and hold harmless the Released Parties from and against all liabilities, claims, costs, expenses (including attorney’s fees), damages, and losses arising from my use or misuse of the dock, marina, boat storage facilities, or amenities. I explicitly agree Sunnyside Dock & Marina is not liable for any damage or loss to my boat, personal property, or property belonging to Sunnyside Dock & Marina resulting from my actions or circumstances beyond the reasonable control of Sunnyside Dock & Marina.

Compliance and Responsibility

I agree to adhere to all posted rules, warnings, and verbal instructions from the Property owners or staff. I understand that non-compliance may result in immediate termination of my privileges without refund and that I may incur financial responsibility for resulting damages or expenses.

Health and Safety

I affirm that I am in good health and physically capable of participating safely in activities at the Property. I agree to utilize life jackets and all necessary safety equipment required by local regulations or as advised.

Property Damage

I accept full financial responsibility for any damage or loss to equipment or property at Sunnyside Dock & Marina resulting from my negligence or misuse.

Governing Law and Jurisdiction

This Waiver shall be governed by and construed under the laws of the State of Idaho. Any disputes arising from this Waiver shall be resolved exclusively in the state courts located in Bonner County, Idaho.

Severability

If any provision of this Waiver is found unenforceable or invalid by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.

Agreement and Acceptance

I have carefully read, fully understand, and voluntarily accept all terms of this Liability Waiver. By clicking Accept, I certify I am of legal age and competent to enter into this binding agreement and agree to all stated terms herein.