Today's Date: April 12, 2021
RELEASE OF LIABILITY, ASSUMPTION OF RISK, WAIVER OF CLAIMS & INDEMNIFICATION AGREEMENT
Notice - By signing this document you may be waiving certain legal rights, including the right to sue.
Release and Waiver of Claims; Assumption of the Risk; Indemnification Agreement
In consideration of being allowed to use the facilities and participate in Cable Park and other activities (collectively the "Activities") provided by Love Ride Inc. dba Velocity Island Park (the "Host"), the Participant, and the Participant's parent(s) or legal guardian(s) if the Participant is a minor, do hereby agree, to the fullest extent permitted by law, as follows:
1) TO WAIVE ALL CLAIMS that Participant (or his/her next of kin) has or may have against the Host and/or the City of Woodland arising out of the Participant's participation in the Activities or the use of any equipment provided by the Host ("Equipment"), including while receiving instruction and/or training;
2) TO ASSUME ALL RISKS of participating in the Activities and using the Equipment, even those caused by the negligent acts or conduct of the Host, its owners, affiliates, operators, employees, agents, and/or officers. The Participant and his/her parent(s) or legal guardian(s) understand that there are inherent risks of participating in the Activities and using the Equipment,actual or alleged transmission of a communicable disease such as COVID-19, which may be both foreseen and unforeseen and include serious physical injury and death.
3) TO RE LEASE the Host and the City of Woodland, and their respective owners, officials, affiliates, operators, employees, agents, and officers from all liability for any loss, damage, injury, death, or expense that the Participant (or his/her next of kin) may suffer, arising out of his/her participation in the Activities and/or use of the Equipment, including while receiving instruction and/or training. The Participant and his/her parent(s) or legal guardian(s) specifically understand that they are releasing any and all claims that arise or may arise from any negligent acts or conduct of the Host, its owners, affiliates, operators, employees, agents, and/or officers, to the fullest extent permitted by law. However, nothing in this Agreement shall be construed as a release for conduct that is found to constitute gross negligence or intentional conduct; and
4) TO INDEMNIFY the Host and the City of Woodland, and their respective owners, officials, affiliates, operators, employees, agents, and/or officers, from all liability for any loss, damage, injury, death, or expense that the Participant (or his/her next of kin) may suffer, arising out of participation in the Activities and/or use of the Equipment, including while receiving instruction and/or training.
The Participant and his/her parent(s) or legal guardian(s) certify that Participant has no physical or mental condition that precludes him /her from participating in the Activities and that he/she is not participating against medical advice.
The Participant and his/her parent(s) or legal guardian(s) understand that Participant's participation in the Activities is voluntary and further understand that they have the opportunity to inspect the Host's Equipment and facilities before any participation by Participant.
The Participant and his/her parent(s) or legal guardian(s) understand that Participant is obligated to follow the rules of the Activities and that he/she can minimize his/her risk of injury by doing so and through the exercise of common sense and by being aware of his/her surroundings.
The Participant understands that s a part of their participation in this event their photograph may be taken by a representative of Love Ride, Inc. (DBA Velocity Island Park) or any media that may be present and that their photograph may be used in promotional advertising or media coverage. This constitutes my approval to use any imagery for such purposes.
If, while participating in the Activities, the Participant or his/her parent(s) or legal guardian(s) observe any unusual hazard or condition, which they believe jeopardizes Participant's personal safety or that of others, Participant and/or his/her parent(s) or legal guardian(s) will remove Participant from participation in the Activities and immediately bring said hazard or condition to the attention of the Host.
To the extent that any portion of this Agreement is deemed to be invalid under the law of the applicable jurisdiction, the remaining portions of the Agreement shall remain binding and available for use by the Host, the City of Woodland, and their respective counsel in any proceeding.
I HAVE READ AND UNDERSTAND THIS AGREEMENT, AND I AM AWARE THAT BY SIGNING THIS AGREEMENT I MAY BE WAIVING CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE.
Cable Park Safety Rules
- Let the staff know it is your time and you would like assistance.
- If you fall, look back immediately and avoid riders and ropes. Swim immediately towards the closest shore or dock before removing your equipment. Duck under water if you cannot avoid oncoming rider or handle.
- On dock form one line unless otherwise instructed by staff.
- Always ride between corner buoys, let go anytime you can’t make it in between the corner buoys
- Exit between the white buoys before the motor tower, not by starting dock.
- No deep water starts allowed. If cable stops. Let go and always swim towards the outside shoreline or dock never to the center of cable.
- Hold handle with hands. Never put the handle between your legs around your neck or put your arm through the handle.
- No power tricks on the corners. Allow your carrier to pass the pulley before you initiate the trick
- If you fall or lose your equipment, let go immediately.
- No foul language
- You must be able to swim. Exit course immediately after falling
- Only use Cable Park if you are in good health, and have no pre-existing medical condition(s) that impair your ability to participate in this high-risk sport.
- Look out for fallen riders’ other features, leave as much space as possible between you and fallen riders as you pass. To avoid collision, let go of the handle and let yourself fall.
- Marine Lifeforms, bacteria and microorganisms can be present in any fresh body of water. People with open wounds and or weak immune systems should not enter the water. Nose plugs may help prevent exposure.
- No swimming or diving
- You MUST wear a USCG Personal Flotation Device (TYPE II PFD) and Water Sport Helmet and keep it buckled UP at all times
- Anyone who appears to be under the influence of drugs or alcohol may not participate.
- Velocity Island Park may not be held responsible for lost or damaged to personal items
- Water features are intended for experienced riders only, inspect before using.
- No metal fins allowed on features.
- Do not attempt to hit a feature if a fallen rider is near it and always scope out the landing.
Velocity Island Park reserves the right to close the Park without refund at any time due to inclement weather deemed unsafe for guests