Cable Park Warning, Assumption of Risk, Release of Liability and Indemnification Agreement
PLEASE READ CAREFULLY BEFORE SIGNING. THIS IS A RELEASE OF LIABILTY & WAIVER OF LEGAL RIGHTS
Definition. The person who is using the cable park shall be referred to hereinafter as “Participant”. The “Undersigned” means only the Participant when the Participant is 18 years of age or older, OR it means both the Participant and the Participant’s parents or legal guardian when the Participant is under the age of 18. “Released Parties” mean Elevated Wake Park LLC, or any of its respective successors in interest, affiliated organizations and companies, insurance carriers, agents, employees, representatives, assignees, officers, directors, members and shareholders. The “Activity” means using the cable park and using the facilities for any purpose.
Risk of Activity. The undersigned agree and understand that taking part in the activity of wakeboarding can be HAZARDOUS AND INVOLVES THE RISK OF PHYSICAL INJURY AND/OR DEATH. The undersigned acknowledge that the activity is inherently dangerous and fully realize the dangers of participating in the activity. The risks and dangers of the activity include, but are not limited to: water flow; tides; currents; wakes; drowning; entanglement; impacts; collisions with other participants; watercraft and other manmade and natural objects; weather conditions; exposure to elements; slips and falls; equipment failure and/or defects; marine and other wildlife; operator error; mental distress from exposure to any of the above; and negligence of others. THE UNDERSIGNED ACKNOWLEDGES AND UNDERSTAND THAT THE DESCRIPTION OF THE RISKS LISTED ABOVE IS NOT COMPLETE AND THAT PARTICIPATING IN THE ACTIVITY MAY BE DANGEROUS AND MAY INCLUDE OTHER RISKS.
Natural Bodies of Water Risks. The undersigned agree and understand that the activity of wakeboarding occurs in natural bodies that are not treated or regulated as swimming pools and specifically expose Participant to the risk of the following:
Drowning or other complications and dangers associated with immersion in water
Falling into water and/or swimming in turbulent water
Becoming pinned or entrapped by items or obstacles in/on the water
Colliding with items in the water
Falling while getting on or off any wakeboards
Water-borne pathogens, organisms, and other contaminates that can infect or cause harm including illness and death
Release, Indemnification and Assumption of Risk. In consideration of the Participant being permitted to participate in the activity, the undersigned agree as follows:
Release. THE UNDERSIGNED HEREBY IRREVOCABLY AND UNCONDITIONALLY RELEASE, FOREVER DISCHARGE, AND AGREE NOT TO SUE, OR BRING ANY OTHER LEGAL ACTION AGAINST THE RELEASED PARTIES with respect to any and all claims and causes of action of any nature whether currently known or unknown, which the Undersigned, or any of them have, or which could be asserted on behalf of the Undersigned in connection with the Participant’s participation in the Activity, including, but not limited to claims of negligence, breach of warranty, and/or breach of contract.
Indemnification. The Undersigned hereby agree to indemnify, defend and hold harmless the Released Parties from and against any and all liability, cost, expense or damage of any kind or nature whatsoever and from any suits, claims or demands, including legal fees and expenses whether or not in litigation, arising out of, or related to, Participants participation in the Activity, including, but not limited to claims of negligence, breach of warranty, or breach of contract.
Assumption of Risk. The Undersigned agree and understand that there are dangers and risks associated with the participation in the Activity and that INJURIES AND/OR DEATH may result from participating in the Activity, including, but not limited to the acts, omissions, representations, carelessness and negligence of the Released Parties. By signing this document, the Undersigned recognize that property loss, injury and death are all possible while participating in the Activity. RECOGNIZING THE RISKS AND DANGERS, THE UNDERSIGNED UNDERSTAND THE NATURE OF THE ACTIVITY AND VOLUNTARILY CHOOSE FOR PARTICIPANT TO PARTICIPATE IN AND EXPRESSLY ASSUME ALL RISKS AND DANGERS OF THE PARTICIPATION IN THE ACTIVITY, WHETHER OR NOT DESCRIBED ABOVE, KNOWN OR UNKNOWN, INHERENT, OR OTHERWISE.
Minor Acknowledgement. In the case of a minor Participant, the Undersigned parent or legal guardian acknowledges that he/she is not only signing this Agreement on his/her behalf, but that he/she is also signing on behalf of the minor and that the minor shall be bound by all the terms of this agreement. Additionally, by signing this Agreement as the parent, or legal guardian of a minor, the parent, or legal guardian understands that he/she is also waiving rights on behalf of the minor that the minor otherwise may have. The undersigned parent or legal guardian agrees that, but for the foregoing, the minor would not be permitted to participate in the Activity. By signing this
Agreement without a parent, or legal guardian’s signature, Participant, under the penalty of fraud, represents that he/she is at least 18 years of age. If signing as the parent, or legal guardian of a minor Participant, signing adults represent that they are the legal parent, or guardian of the minor Participant.
Mandatory Lessons for Minors. The Undersigned parent or legal guardian for any minor Participant 10 years of age and under, agrees and understands that a mandatory cable riding lesson IS required regardless of cable riding experience. This is due to facilities insurance carrier requirements. The lesson is required only the first time the minor Participant, age 10 and under, participates in the cable activity at this facility, and all applicable lesson fees pertain.
Medical Care The Undersigned authorize the Released Parties and/or the authorized personnel to call for medical care for Participant, or to transport Participant to a medical facility, or hospital if, in the opinion of such personnel, medical attention is needed. The Undersigned agree to pay all costs associated with such medical care and related transportation.
Declaration of Physical Fitness to Wakeboard/Wakeskate/Kneeboard/Waterski. The Undersigned agrees and declares that the Participant is physically fit to participate in the above referenced water sports and that the Participant does not have, or suffers from any of the following conditions, which the Undersigned understands may lead to a dangerous situation with regard to the Participant, or to other participants during the participation of the Activity: Epilepsy; Fits, or seizures, severe head injury; recurrent blackouts or giddiness; disease of the brain or nervous system; high blood pressure; lung or heart disease; recurrent weakness or dislocation of any limb; diabetes; mental illness; drug or alcohol addiction; recent back injury; arthritis and severe joint sprains; chronic bronchitis; asthma; rheumatic fever; thyroid adrenal or other glandular disorder; recent blood donation or any other condition that requires the regular use of prescription medication.
The Undersigned also declares that the Participant has no physical or mental condition that should preclude the Participant from participating in the chosen Activity. The Undersigned also agrees that the Participant is NOT participating against medical advice or treatment, and that the Participant has not been diagnosed by a registered medical professional as having a terminal illness.
The Undersigned understands that even if the Participant has a health condition as stated above of which neither party is aware, by signing this form, the Participant still chooses to participate in the Activity of Wakeboarding, Wakeskating, Kneeboarding, or Waterskiing, the Undersigned agrees to waive all responsibilities to all above mentioned parties concerning any consequences that would result from any actions.
The Undersigned further declares that in the event that the Participant feels ill, or unwell, has any physical complaints whatsoever, or if an injury is sustained of any kind during the course of the above mentioned water sports activities, the Undersigned, or Participant will notify the Wakeboard Instructor on duty immediately and before leaving the premises.
Use of a Personal Flotation Device (PFD) and safety Helmet. The Undersigned understands and agrees that each Participant is required to wear and use proper safety equipment, whether required by the state or local law or not. Each Participant will wear a safety helmet, whether or not the Participant is riding on the rails and each Participant will wear a Personal Flotation Device (PFD) that is Coast Guard Approved. The use of a Coast Guard Approved PFD is required for the type of Activity.
Drugs and Alcohol Policy. The Use of drugs and/or alcohol on the premises is STRICTLY PROHIBITED. Any Participant found with drugs and/or alcohol in their possession will be required to leave the premises. In addition, if any Elevated Staff Member suspects, or believes the Participant is (a) under the influence of drugs and/or alcohol, or (b) takes or consumes alcohol or drugs, the Undersigned acknowledges that the Participant will be required to exit the premises without a refund of the Park, or Cable riding fee.
Photo and Video Release. The Undersigned for sufficient consideration, receipt of which is hereby acknowledged, hereby irrevocably grant the released parties the right to record my likeness and/or voice on tape, film or digital media, to edit such tape, film or digital media at its discretion; to incorporate the same into video, TV, radio, web or print advertisement or video; and to use or authorize the use of such tape, film and videotape or any portion thereof in any manner or media at any time through the world in perpetuity and to use my likeness, voice and biographical and other information concerning me in connection therewith including promotion in all media without any compensation to me. I hereby release the Released Parties and anyone using said tape, film or digital media from any and all claims, damages, liabilities costs and expenses which I now have or may hereafter acquire by reason of any use thereof. The Undersigned hereby grants the released parties, its successors, affiliates, and partners the exclusive right to review, edit, and control all tape, film or digital media that I create or own that depicts the Premises or has been recorded at the Premises. The Undersigned understands and acknowledges that the released parties, its successors, affiliates, and partners shall have sole and exclusive control of any of my tapes, films and digital media that depicts the Premises or is recorded upon the Premises and that they may, in their sole discretion, request I remove any such tape, film or digital media from my possession or from any website, film, or video. The Undersigned further understands and agrees that should I fail to comply with any such request or otherwise fail to cooperate or fail to cause any tape, film, or digital media to be removed, The Undersigned agrees to pay the released parties, its successors, affiliates, and partners all costs, including reasonable attorneys' fees incurred in obtaining such removal. The Undersigned further agrees that the released parties may obtain appropriate injunctive relief against me without need for bond, and that I will be liable for all damages that the released parties suffers as a result of my failing to comply with this provision of the Participation Agreement.
Miscellaneous. The Undersigned further agree and understand: (a) Participant will not engage in any activities prohibited by any applicable laws, statutes, regulations and ordinances; (b) this Agreement shall be governed be the laws of the State of North Carolina and the exclusive jurisdiction and venue for any claim arising out of this agreement shall be the state courts located in Johnston County, North Carolina, and the Undersigned expressly agree and consent to jurisdiction in said court; (c) this Agreement constitutes the entire agreement between the parties hereto and supersedes any and all prior contracts, arrangements, communications, or representations, whether oral or written, between the parties relating to the subject matter hereof; (d) the Undersigned understand and acknowledge that this Agreement is a contract and shall be binding to the fullest extent permitted be law. If any part of this Agreement is deemed to be unenforceable, the remaining terms shall be an enforceable contract between the parties. It is the intent of the Undersigned that this Agreement shall be binding upon the assignees, subrogors, distributors, heirs, next of kin, executors and personal representatives of the Undersigned.
I ACKNOWLEDGE THAT I HAVE READ THE FOREGOING ASSUMPTION OF RISK, RELEASE OF LIABILITY & INDEMNIFICATION AGREEMENT AND UNDERSTAND ITS CONTENTS. I UNDERSTAND AND AM AWARE THAT I AM RELEASING LEGAL RIGHTS THAT OTHERWISE MAY EXIST.