Please read the following agreement carefully before deciding to participate. By signing this document and initiating the required sections you are expressively agreeing to have knowingly fully and totally released the owner/company/ it's agents and employees (hereafter "the Released") from any and all claims, including active or passive negligent, but excluding gross negligence and/ or intentional misconduct, arising out of any act, omission, or condition existing prior to the signing of the agreement, and extending to include any act, omission, or condition in anyway connected with your participation in (including transit to and from) these water, sports activities, occurring at any point in the future from the activities in which you are about to purchase/ engage.
A. Express Assumption Of All Inherent Risk Of Water Sports Activities.
there are numerous risk inherent in and associated with participation in water, sports activities. By executing this release, you are acknowledging that participation in water sports activities is an inherently, dangerous activity that involves risk of death and/ or serious bodily injury that cannot be prevented or avoided even by the exercise of reasonable care. The following list, though not exhaustive, exemplifies many of the types of risk and potential injuries you could encounter and connection with your participation and water sports.
⚫ changing water, flow, tides, currents, wave, action, eddies, whirlpools, and vessel wakes
collisions with other participants, collision with watercraft, whether owned or operated by the released, collision with man-made or natural objects.
the negligent actions and/ or omissions of other participants.
your own actions and / or omissions, your level of competency as to the activity, and your own physical and mental conditions.
your sense of balance, physical coordination, ability to operate equipment, and ability to swim. Wind shear, inclement weather, lightning, variances and extremes of wind, weather, and temperature.
collision, capsizing, sinking, falling, slipping, or other hazards that may result in wetness, injury, exposure to the elements, hyperthermia, impact of the body upon the water, injection of water into any body orifices, and/ or drowning.
the presence of insects, wild animals, as well as dangerous, plant life, bacteria, amoeba, and marine life forms.
equipment, failure, improper use of equipment and/or impacting equipment
heat or sun, related injuries or illnesses, including sunburn, sunstroke, or dehydration
fatigue, chill, shock, and/or dizziness may increase your reaction time
By initialing this section and executing this waiver below, you are agreeing that you have reviewed the proceeding non-exclusive list of sample inherent risk involved in your participation in these activities, and with full knowledge and understanding, you are voluntarily agreeing to engage and participate in these activities and to voluntarily and expressively, assume the risk of serious bodily harm, personal injury, death or damage, resulting from any and all inherent risk while participating and engaging in (including transit to and from) these water sports activities. By expressly, assuming any and all inherent risk involved with these water, sports activities, you are voluntarily relinquishing the ability to seek or collect damages from the released due to any personal injury, claim, or incident occurring or in anyway related to or arising from the inherent risk of your involvement and these water sports activities.
