Participation Agreement, Indemnification Clause & Liability Wavier
(The activities at BSR Cable Park, BSR Surf Resort, and Parsons Barefoot Ski Ranch are risky. Although many before you have participated unharmed, severe injury or death is possible. This Document affects your legal rights. You must read before initialing and signing it.)
I, the above-named Participant (Participant or I), being at least eighteen years old, or the parent or legal guardian(collectively Parent) of Participant if Participant is under eighteen years old and on Participants behalf, for good and valuable consideration, including but not limited to the services provided by BSR Cable Park, BSR Surf Resort, or Parsons Barefoot Ski Ranch, LLC, the rate charged for those services, and the right to engage in all Participation Activities as set forth herein, whether as a participant, spectator, and/or volunteer, hereby acknowledge, agree, promise and covenant with BSR Cable Park, BSR Surf Resort, Parsons Barefoot Ski Ranch, LLC, the Property Owner(s) of the land and Premises upon which the Participant engages in any and all Participation Activities and their respective affiliates, officers, trustees, members, managers, shareholders, partners, agents, and employees, as well as their advertisers and sponsors and their respective affiliates, officers, trustees, members, managers, shareholders ,partners, agents, and employees (collectively the Released Parties) on behalf of myself, my heirs, assigns, personal representatives, estate and successors as set forth in this Participation Agreement (the Agreement) as follows:
ACKNOWLEDGEMENT OF RISKS: I UNDERSTAND AND ACKNOWLEDGE that while at BSR Cable Park, BSR Surf Resort or Parsons Barefoot Ski Ranch, which includes all structures, buildings, equipment, machinery and property associated therewith, including means of ingress and egress (the Premises), I may engage in certain activities, which shall include, but not be limited to: swimming, diving (not allowed), floating, submerging, wake boarding, water skiing, wake skating, knee boarding, slalom skiing, trick skiing, jumping, being pulled by a cable, contacting ramps, steps, rocks, shorelines, walls, jumps, sliders, pipes, debris, boards, other features, other devices, and other equipment or persons, whether in or out of the water, driving to and from the Premises, using a cableway, renting equipment or using rental equipment, using any trampoline or other features located at or on the Premises, occupying or being upon the Premises, and viewing or watching any of these activities occur (collectively the Participation Activities). I UNDERSTAND AND ACKNOWLEDGE that the Participation Activities in which I engage in are voluntary and bear certain anticipated and unanticipated risks which could result in INJURY, DEATH, ILLNESS, DISEASE, AND/OR PHYSICAL OR MENTAL DAMAGE to myself, other persons and property. These risks include but are not limited to:
1. All risks inherent to the Participation Activities, including risk of injury or damage to my person and property, death, dismemberment, disfigurement, and partial or total destruction of property;
2. The acts, omissions, negligence, or fault in any degree of any of the Released Parties;
3. Latent or apparent defects or conditions in the Premises, equipment or property supplied by any of the Released Parties or other persons or entities at the Premises;
4. The condition or existence of any cable way, starting dock, ramps, steps, rocks, shorelines, lake bottoms, walls, jumps, sliders, pipes, features, debris, other structures, automatic machines, or other parts of the Premises and accidents connected therewith;
5. My own acts and omissions, as well as my physical condition and skill level, the acts or omissions of the Released Parties, and the acts or omissions of other persons engaging in any Participation Activities;
6. First aid, emergency treatment, or other services rendered by Released Parties or others;
7. Consumption of any fluid or substance, whether or not provided by any Released Parties or others; and
8. The risks inherent in swimming or submerging myself in untreated water within the environment.
I UNDERSTAND AND ACKNOWLEDGE that the above list is not complete or exhaustive, and that other risks, known or unknown, identified or unidentified, anticipated or unanticipated, whether incurred during the course of any of the Participation Activities or otherwise at the Premises could also result in injury, death, illness, disease or damage to myself other persons and property.
ACCEPTANCE OF RISK AND RESPONSIBILITY: I VOLUNTARILY AGREE, COVENANT AND PROMISE TO ACCEPT AND ASSUME ALL RESPONSIBILITIES AND RISK FOR INJURY, DEATH, ILLNESS, OR DISEASE to myself, other persons and property arising from my participation in any of the Participation Activities and/or otherwise incurred while at or around the Premises. My engaging in any Participation Activities is purely voluntary; no one is forcing me to participate in spite of the risks.
RELEASE: I INTEND TO AND DO HEREBY VOLUNTARILY RELEASE, FOREVER DISCHARGE AND COVENANT NOT TO SUE, ASSERT OR OTHERWISE MAINTAIN ANY CLAIM AGAINST ANY AND ALL OF THE RELEASED PARTIES from or for any and all loss, damages, liability, claims, demands, actions, causes of action, suits, judgments, defense costs, and all costs of whatever nature, including reasonable attorneys fees, and all other amounts which are related to, arise out of, or are in any way connected with my participation in any of the Participation Activities, or otherwise incurred while upon the Premises, including, but not limited to, any and all suits or claims of negligence, fault or strict liability of any of the Released Parties for any and all injury, death, illness or disease, and damage to myself, other persons or property. IN SIGNING THIS DOCUMENT, I FULLY RECOGNIZE THAT I AM WAIVING VALUABLE LEGAL RIGHTS. IF ANYONE (INCLUDING MYSELF) IS HURT OR DIES, OR PROPERTY IS DAMAGED WHILE I AM ENGAGED IN THE PARTICIPATION ACTIVITIES OR OTHERWISE WHILE ON THE PREMISES, I WILL HAVE NO RIGHT TO MAKE A CLAIM OR FILE A LAWSUIT AGAINST ANY OF THE RELEASED PARTIES EVEN IF I BELIEVE ANY OF THE RELEASED PARTIES CAUSED OR EVEN SOLELY CAUSED INJURY OR DAMAGE. The Agreement shall be binding upon my heirs, legal representatives, executors, and administrators and is for the benefit of the Released Parties, and each of them, and their respective heirs, successors and assigns.
INDEMNIFICATION: Participant wants to engage in the Participation Activities and is doing so entirely upon Participants own initiative, risk and responsibility. Participant is aware of all risks and hazards inherent in engaging in any of the Participation Activities or utilizing any of the facilities or being upon on the Premises. Therefore, in consideration of being upon the Premises, using BSR Cable Park & BSR Surf Resort facilities or rental equipment or engaging in the Participation Activities, whether with or without charge, I FURTHER AGREE, PROMISE AND COVENANT TO HOLD HARMLESS AND TO INDEMNIFY EACH OF THE RELEASED PARTIES from any and all loss, damages, liability, claims, demands, actions, causes of action, suits, judgments, defense costs, and all costs of whatever nature, including reasonable attorneys fees, and all other amounts which are related to, arise out of, or are in any way connected with my participation in any of the Participation Activities, or otherwise incurred while upon the Premises.
INDEMNITY REGARDING USE OF PREMISES, INCLUDING BUT NOT LIMITED TO THE CABLEWAY:
Participant agrees to indemnify, hold harmless, and defend the Released Parties and all other businesses on Premises from and against any and all losses, claims, liabilities and expenses, including reasonable attorney fees, if any, which the Released Parties or any business on the Premises may suffer or incur in connection with my use or misuse of any part of the facilities or the cableway. This indemnity shall also apply to my spouse, heirs, next of kin, executors, and administrators.
ADDITIONAL PARENT INDEMNITY OF RELEASED PARTIES: IF ANY RELEASE OR INDEMNITY IN THIS AGREEMENT THAT ANY PARENT AGREES TO ON BEHALF OF A MINOR PARTICIPANT IS FOUND INVALID OR UNENFORCEABLE IN WHOLE OR PART, PARENT HEREBY AGREES TO INDEMNIFY AND HOLD THE RELEASED PARTIES HARMLESS from any and all loss, damages, liability, claims, demands, actions, causes of action, suits, judgments, defense costs, and all costs of whatever nature, including reasonable attorneys fees, and all other amounts which are related to, arise out of, or are in any way connected to or incurred by Participant making or obtaining any claim, lawsuit, award, or judgment against the Release Parties or any of them.
ACKNOWLEDGMENT OF EFFECT OF THIS AGREEMENT: I UNDERSTAND AND ACKNOWLEDGE that by signing this document I have given up certain rights and claims which I might otherwise assert or maintain against the Released Parties, including but not limited to, rights arising from or claims for the acts or omissions, fault, and negligence in any degree of any of the Released Parties. I ASSUME SOLE RESPONSIBILITY AND LEGAL LIABILITY for all claims or other legal demands, including defense costs, which may be asserted by other parties against me as a result of my participation in the Participation Activities or use of the Premises. All rights provided for under law, including those under V.T.C.A., Civil Practice & Remedies Code 75.001 et seq., are reserved as additional and supplemental to those provided for in this Agreement.
PARTICIPANT MEDICAL CARE, INSURANCE BENEFITS, AND PHYSICAL CONDITION: I UNDERSTAND AND ACKNOWLEDGE that no major medical or accident insurance benefits will be provided to me while engaging in any of the Participation Activities. I certify that I have sufficient health, accident, and personal liability insurance to cover any bodily injury or property damage that I may incur while participating in the Participation Activities, and to cover bodily injury or property damage caused to another party as a result of my participation in the Participation Activities. If I have no such insurance, I certify that I am capable of personally paying for any and all such expenses or liability. I understand and acknowledge that the Participation Activities require significant physical exertion and require the Participant to be in a healthy physical condition sufficient to handle the physical exertion required for the Participation Activities. Participant acknowledges and agrees that the Released Parties shall have no obligation to judge or determine a Participants physical condition or ability to handle the physical requirements of the Participation Activities. I FURTHER ACKNOWLEDGE that I am in good physical and mental health, and am not suffering from any condition, disease or disablement that would or could potentially affect my participation in the Participation Activities. I give my consent and permission to BSR Cable Park, BSR Surf Resort, and Parsons Barefoot Ski Ranch, the Released Parties, its affiliates and partners, and medical personnel to obtain or administer on my behalf first aid and emergency medical treatment in case of sickness, accident, or injury, and to secure medical care at my expense and to make decisions concerning medical care if I am unable to do so or if in the case of my minor child, I am unable to be reached. I give consent for drug testing to be performed in the event of any accident or during the course of any medical care or treatment.
PHOTO & VIDEO RELEASE: I, for sufficient consideration, receipt of which is hereby acknowledged, hereby irrevocably grant BSR Cable Park, BSR Surf Resort, and Parsons Barefoot Ski Ranch, its successors, affiliates, and partners 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. I hereby release the Released Parties and anyone using said film, digital image, or other material from any and all claims, damages, liabilities costs and expenses which I now have or may hereafter acquire by reason of any use thereof. I hereby grant BSR Cable Park, BSR Surf Resort, and Parsons Barefoot Ski Ranch, 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. I understand and acknowledge that BSR Cable Park, BSR Surf Resort, and Parsons Barefoot Ski Ranch, its successors, affiliates, and partners shall have sole and exclusive control of any of my tapes, films or 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 or video. I further understand and agree that should I fail to cooperate or fail to cause any tape, film, or digital media to be removed, I agree to pay BSR Cable Park, BSR Surf Resort, or Parsons Barefoot Ski Ranch, its successors, affiliates, and partners all costs, including reasonable attorneys fees incurred in obtaining such removal.
ENTIRE AGREEMENT: I understand that this is the entire agreement between the Released Parties and myself, that it is for our mutual benefit, and that it cannot be modified or changed in any way by the representations or statements of any of the Released Parties, their employees or agents, or by myself. I am at least 18 years of age, of sound mind, and not under the influence of any drugs or alcohol at this time. My signature below indicates that I have read this entire document, understand it completely, and agree to be bound by its terms. If I am the parent or guardian of the Participant, I agree to be bound by the terms and conditions of this Agreement and shall be responsible for the actions of the Participant. I further agree to comply with all Rules and Regulations set forth on Page 4-5 of this Agreement in engaging in the Participation Activities.
SAVINGS CLAUSE: To the extent any provision contained herein is determined or adjudged to be unenforceable for any reason, then any such portion herein shall be reformed only as necessary to conform to the law and shall not otherwise be wholly stricken. For example, if and to the extent any release or indemnity shall not apply as to one of the Released Parties, it shall otherwise remain in force and effect as to all other Released Parties. Any portions herein determined or adjudged to be unenforceable shall not affect the remaining provisions, which shall remain in force and effect.
AFFIRMATION OF PARTICIPANT, PARENT, OR LEGAL GUARDIAN:
EIGHTEEN YEARS OR OLDER: I, the undersigned Participant, understand that as a condition for my participation in the Participation Activities, I must sign certain legal documents, including this Participation Agreement, Indemnification, and Liability Waiver. I am signing all such documents, freely, without any fraud or duress, and acknowledge that I have read, understand, and agree to be bound to the same.
UNDER EIGHTEEN YEARS OLD: I, the undersigned, declare that I am the parent or the legal guardian of this minor, and have the legal capacity to execute documents on behalf of such minor. I understand that as a condition for my child to participate in activities, rides or events at the Premises, I must sign certain legal documents, including this Participation Agreement, Indemnification, and Liability Waiver. I am signing all such documents, freely, without any fraud or duress, and acknowledge that I have read, understand, and agree to be bound to the same. **In the event that it is determined that I am
not the parent or legal guardian of the minor, or did not have the legal capacity to execute the documents on behalf of said minor, then I agree to defend and indemnify (See Indemnification above for details) the Released Parties if any litigation is instituted, as a result of any injury or death or claim for damage arising out of, relating to, or in any way connected with, minors participation in Participation Activities at the Premises**
RULES AND REGULATIONS:
All riders and persons who visit BSR Cable Park & BSR Surf Resort must use common sense at our facility and in riding behind the cable and surf, encountering the features we have provided for your enjoyment. If a patron or rider has any questions, they should let the BSR Cable Park & BSR Surf Resort staff know right away. In addition, all persons must follow these rules when at BSR Cable Park & BSR Surf Resort:
1. Persons may not participate in activities unless they have a signed liability waiver on file with BSR Cable Park & BSR Surf Resort. If a participant is under age 18, their parent or legal guardian must sign this document in the presence of a BSR Cable Park & BSR Surf Resort employee.
2. Participants will not be allowed to enter or remain on the Premises unless they are wearing appropriate protective and safety gear for the Participation Activities in which they are participating.
3. Participants must wear U.S.C.G. approved floatation devices while in the water or using the cable system.
4. Participants must engage in Participation Activities in a safe manner at all times and avoid collisions with other persons.
5. Participants may engage in Participation Activities in designated areas only.
6. Participants must obey all safety instructions from BSR Cable Park & BSR Surf Resort at all times.
7. Fighting or other aggressive or disruptive behavior is not tolerated and may lead to ejection from the premises.
8. You may bring food and drinks, but NO glass is allowed.
9. Equipment or gear not required for participation in the Participation Activities and any other items must be stored in locations outside the Participation Activities locations.
10. No illegal drugs are allowed on the Premises.
11. No profanity or vulgar language is permitted on the Premises.
12. No weapons are allowed on the Premises.
13. Dogs are allowed only by the cable area but must be on leashes at all times..No PETS allowed at the Royal Flush, Lazy River, and Surf Resort areas.
14. No contests of any sort are allowed on the Premises unless organized and run by BSR Cable Park & BSR Surf Resort or other authorized persons.
15. BSR Cable Park reserves the right to terminate any membership or pass at any time and to eject and anyone at any time for any reason.
16. Safeguard your valuables and possessions at all times. BSR Cable Park & BSR Surf Resort is not responsible for lost and/or stolen items.
17. Alcohol may not be consumed prior to or during participation in any Participation Activities.
18. Participants must obey all posted rules.
19. Violations of rules may results in ejection from the premises and cancellation of all tickets, passes and memberships without refund.
20. Parking upon BSR Cable Parks & BSR Surf Resort Premises is for the convenience of patrons only. Cars should be locked at all times. BSR Cable Park & BSR Surf Resort is not responsible for any damage to any vehicle or theft.
I UNDERSTAND AND ACKNOWLEDGE that BSR Cable Park & BSR Surf Resort reserves the right to modify these rules as well as to post additional rules that I must comply with upon the premises.
April 23, 2019