Effective Date: May 1, 2011

This privacy policy (the "privacy policy") describes how and when Tahoe Waterman LLC collects, uses, and shares your information when you use and/or access the company website at www.tahoewaterman.com (the "Site") service(s) marketplace(s) and software(s) and any other website which this Privacy Policy is posted (collectively with the Site "Services") This Private Policy explains the information gathering, use, and sharing practice for the Service, including what information is collected, how the information is acquired, maintained, stored, shared, and/or used and your privacy choices. This Privacy Policy is independent of our offline personal data collection practices.

Consent

By using any of our Services, you consent to the collection, transfer, manipulation, storage, disclosure, and other uses of your information as described in this Privacy Policy. 

What Type of Information do We Collect

In operating the Service, we may collect a variety of user-submitted information such as names, phone numbers, email addresses, mailing addresses, zip codes, date of birth, and other contact or identifying information or any other information that can be used to distinguish or trace an individual's identity or permits a specific individual to be contacted physically or online ("Personal Information"). You may view the site without registering or submitting any Personal Information, in which case we will be only collecting non-personal information (discussed below)

When We Collect Personal Information

When you send email communication, when you contact us via email, or otherwise when you transact through a Services offered at Tahoe Waterman.



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Tahoe Waterman, LLC

RELEASE OF LIABILITY, WAIVER OF CLAIMS,

ASSUMPTION OF RISK AND INDEMNIFICATION AGREEMENT


This document affects your legal rights.

Read the ENTIRE DOCUMENT carefully before signing.


Tahoe Waterman, LLC and Waterman’s Landing, Tahoe Conservancy, and their directors, officers, employees, instructors, coaches, guides, agents, representatives, independent contractors, subcontractors, suppliers, sponsors, successors, and assigns, are hereafter referred to as “Releasees.”

In consideration of the permission to participate in the Activities and to use the Equipment described below, I agree to the terms contained in this Agreement.

Activities. In this Release, the term “Activities” include all watersports equipment rental/use, activities, events, or services offered, provided, arranged, conducted, led by, sponsored, or authorized by Releasees, including, but not limited to, watercraft rental/use for personal use or in connection with services provided by Releases which services may include, but are not limited to, touring, fitness classes, training, coaching, clinics, camps, use of nonmotorized watercraft, use of motorized watercraft, surfing, wake surfing, wakeboarding, open water swimming, events, boating, racing, club activities, team programs, camps, and youth camps.

Equipment. In this Release, the term “Equipment” includes, but is not limited to, any motorized or nonmotorized watercraft, personal flotation devices, paddles, leashes, and any other accessory provided by Releasee in connection with Activities.

Equipment Responsibility. I accept full responsibility for all equipment rented and agree to pay for any damage to the equipment at total retail value. I further accept full responsibility for all equipment rented and agree to pay for the daily rental value if not returned by the agreed-upon time until the equipment is returned.

Assumption of Risk. I am aware that Activities involve many risks, dangers, and hazards including, but not limited to, accidents which occur during transportation or travel to and from locations of Activities; changing weather or water conditions; debris; tides; currents; wake action; slips; falls; collisions, including but not limited to, collisions with other participants, boats, watercraft, and other manmade and natural objects; weather conditions; capsizing; sinking; exposure to elements; drowning; marine and other wildlife; equipment failure and/or defects; operator error, mental distress from exposure to any of the above; negligence of others; and NEGLIGENCE ON THE PART OF THE RELEASEES, INCLUDING THE FAILURE ON THE PART OF THE RELEASEES TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS, AND HAZARDS AS A RESULT OF MY USE OF THE EQUIPMENT OR PARTICIPATION IN THE ACTIVITIES. I acknowledge and understand that the description of the risks listed above is not complete and that participating in the Activities may be dangerous and may include other risks.

Releasees make no guarantees or warranties as to the effectiveness or success of its coaching, training, or advice provided as part of any individual or group programs. I acknowledge that Releasees are not medical or health care providers. I further acknowledge that the Activities may involve extreme physical exertion and I should consult a medical care professional before beginning any of the Activities.

I AM AWARE OF THE RISKS, DANGERS, AND HAZARDS ASSOCIATED WITH THE ACTIVITIES AND I FREELY ACCEPT AND FULLY ASSUME ALL SUCH RISKS, DANGERS, AND HAZARDS AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE, OR LOSS RESULTING THEREFORM. 

Release. I hereby irrevocably and unconditionally release, forever discharge, and agree not to sue or bring any other legal action against Releasees 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 my participation in the Activities, including, but not limited to claims of negligence, breach of warranty, and/or breach of contract.

I, on behalf of myself, my heirs, successors, and assigns, hereby expressly waive all rights under section 1542 of the California Civil Code, which provides as follows: 

“A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”

Indemnification. I hereby agree to indemnify, defend and hold harmless the Releasees 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, my participation in the Activities. My obligation hereunder shall survive the period of my participation in the Activities.

Permission to Obtain Medical Assistance. In the event of any injury, illness, emergency, accident, or other harm sustained by me, I hereby give Releasees permission to obtain Medical Assistance, in which event I hereby make the same releases and waivers in Releasees’ favor as I have otherwise made in this Agreement in connection with any such medical assistance sought or not sought. In addition, the expenses for any such medical emergency shall be my sole responsibility and not that of Releasees.

Use of My Likeness. I understand that during the Activities, I may be photographed or videotaped. To the fullest extent allowed by law, I waive all rights of publicity or privacy or pre-approval that I have for any such likeness of me or use of my name in connection with such likeness, and I grant to Releasees and its assigns permission to copyright, use, and publish (including by electronic means) such likeness of me, whether in whole or in part, in any form, without restrictions, and for any purpose.

Severability. I agree that the purpose of this Agreement is that it shall be an enforceable Release of Liability, Waiver of Claims, Assumption of Risk, and Indemnification as broad and as inclusive as is permitted under California law. I agree that if any portion or provision of this Agreement is found to be invalid or unenforceable, then the remainder shall continue in full force and effect. I also agree that any invalid provision will be modified or partially enforced to the maximum extent permitted by law to carry out the purpose of this Agreement.

Applicable Law and Forum. This Agreement shall be construed in accordance with the laws of the state of California, without any reference to its choice of law rules. I agree that any dispute arising from this Agreement or in any way associated with the Activities shall be brought only in the Superior Court of California, County of Placer in Tahoe City, California, or in the United States District Court, Eastern District of California in Sacramento, California, and I agree to the jurisdiction and venue of those courts for any such dispute.

I HAVE FULLY AND CAREFULLY READ THE FOREGOING RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISK, AND INDEMNIFICATION AGREEMENT AND UNDERSTAND ITS CONTENTS. I AM AWARE THAT I AM RELEASING LEGAL RIGHTS THAT OTHERWISE MAY EXIST. NO ORAL REPRESENTATIONS, STATEMENTS, OR OTHER INDUCEMENTS TO SIGN THIS RELEASE HAVE BEEN MADE APART FROM WHAT IS CONTAINED IN THIS DOCUMENT. I UNDERSTAND THIS IS A CONTRACT THAT AFFECTS MY LEGAL RIGHTS, AND I SIGN IT OF MY OWN FREE WILL.

If a minor is participating in the Activities or renting Equipment, signature of a parent or legal guardian is required:

In consideration of the minor child(ren) being permitted to participate in the Activities and/or use of the Equipment, I accept and agree to the full contents of the above Agreement. I certify that I have the authority to sign on behalf of the minor child(ren) and to make decisions for the minor child(ren) regarding these Activities and use of Equipment. I agree to RELEASE, WAIVE CLAIMS, ASSUME RISKS, HOLD HARMLESS, AND INDEMNIFY AND DEFEND the Releasees from all liabilities and claims that arise in any way from any injury, illness, death, loss, or harm that occurs to the minor child(ren) during the Activities or use of the Equipment in any way related to the Activities or Equipment. This includes any claim of the minor and any claim arising from the negligence of the Releasees.












First Participant's Name

First Name*

Last Name*
First Participant's Date of Birth*
First Participant's Signature*
Second Participant's Name

First Name*

Last Name*
Second Participant's Date of Birth*
Third Participant's Name

First Name*

Last Name*
Third Participant's Date of Birth*
Fourth Participant's Name

First Name*

Last Name*
Fourth Participant's Date of Birth*
Fifth Participant's Name

First Name*

Last Name*
Fifth Participant's Date of Birth*
Sixth Participant's Name

First Name*

Last Name*
Sixth Participant's Date of Birth*
Seventh Participant's Name

First Name*

Last Name*
Seventh Participant's Date of Birth*
Eighth Participant's Name

First Name*

Last Name*
Eighth Participant's Date of Birth*
Ninth Participant's Name

First Name*

Last Name*
Ninth Participant's Date of Birth*
Tenth Participant's Name

First Name*

Last Name*
Tenth Participant's Date of Birth*
Parent or Guardian's Email Address

Email*
receive information, news, and discounts by e-mail.
A signed copy of this waiver will be sent to the email address you provide.
Parent(s) or court-appointed legal guardian(s) must sign for any participating minor (those under 18 years of age) and agree that they and the minor are subject to all the terms of this document, as set forth above.


By signing below the Parent or Court-Appointed Legal Guardian agrees that they are also subject to all the terms of this document, as set forth above.
Parent or Guardian's Name

First Name*

Last Name*

Relationship*

Phone*
Parent or Guardian's Date of Birth*
Parent or Guardian's Signature*
Electronic Signature Consent*
 By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.


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