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TODAY'S DATE: December 2, 2021

FULL RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT

For and in consideration of the mutual covenants herein, and for other valuable consideration, the receipt and sufficiency of which is acknowledged by both parties, McCormicks Cable Park, LLC. (McCormicks), a Florida limited liability company, and the undersigned participant and his or her parent or legal guardian (collectively the Participant) enter into this agreement on the date signed below by Participant (Agreement).

1. McCormicks operates a cable ski and wakeboard park on man-made lakes and surrounding real estate located at 2020 McCormick Way, Seffner Florida (Premises) using cable equipment to pull skiers or riders through the lakes (Cable Facilities).

2. McCormicks agrees to allow Participant to enter the Premises and use the Cable Facilities for the purpose of water skiing, wakeboarding, and related activities, all subject to the rules, regulations, and fees that may be established from time to time by McCormicks.

3. Assumption of All Risks by Participant. PARTICIPANT IS AWARE AND UNDERSTANDS THAT CABLE PULLED WATER SPORTS ARE AN INHERENTLY DANGEROUS SPORT ACTIVITY AND I ACCEPT THAT I OR MY CHILD WILL BE EXPOSED TO RISKS AND DANGERS WHICH MAY BE CAUSED BY NEGLIGENCE OR MAY OR MAY NOT BE FORSEEN OR MAY OR MAY NOT BE KNOWN THAT CAN CAUSE SERIOUS INJURY OR DEATH. Participant agrees, understands, and appreciates the inherent danger and risk of serious bodily injury, death, and paralysis involved in water skiing, wakeboarding, using the Cable Facilities, and related activities, and simply walking on the Premises or observing any activities on the Premises. Such risks and danger of serious bodily injury, death, and paralysis, include, but are not limited to, drowning, falling, colliding with the shore, submerged debris, floating debris, collision with boats, presence of snakes, alligators, insects, bacteria, disease, and amoebas in the water, equipment, shallow water, and other skiers and riders, striking the bottom of the lakes or shoreline as a result of jumping, diving, swimming or falling into the water, becoming entangled in the rope or handle, extreme physical stress from being pulled across the water by the Cable Facilities at high speeds which may be at twice the cable speed; extreme physical stress related to trick skiing, which may involve placing a tow rope on the foot; extreme physical stress while water ski jumping, which involves impacting a floating ramp and sudden impacts to the body of great force caused by crashes at speed, extreme physical stress while wakeboarding and wake skating, which involves jumping high into the air, flipping, and riding over manmade and natural objects, jump ramps, sliders, buoys, and other obstacles; striking natural or manmade objects in or under the water, including other skiers or riders; being struck by other skiers or riders while Participant is skiing or riding or after Participant has fallen, propeller injuries, equipment injuries, impacts with objects on shore or the lake bottom, danger of striking the shoreline or bottom, breaking of skis, wakeboards, and wake skates causing injuries, trip hazards located on the land, both natural and man-made, and being struck by broken ropes, ski handles, and other equipment.

As a result of the understanding and appreciation of the great risks involved with these activities, Participant agrees to assume and bears full responsibility and sole liability for any death, bodily injury, or property damage occurring on the Premises or from use of the Cable Facilities that are incurred by Participant, even if caused in whole or part by the acts, omissions, errors or NEGLIGENCE of McCormicks, its employees, representatives, the owners of the Property and the Cable Facilities, directors, officers, members, agents, contractors, independent contractors, volunteers, tournament judges, boat drivers, or officials, other skiers or riders, technical persons such as course surveyors or technical controllers, manufacturers of the Cable Facilities, water skis, wakeboards, and wake skates, successors, assigns, and anyone else regardless if such persons are related or not in any manner to McCormicks.

4. Medical and Accident Insurance/Authorization to Seek Medical Care. Participant agrees that it is the Participants sole obligation to purchase and to keep in full force medical, accident, and/or other insurance coverage covering personal injuries or property damage which may result from Participants activities on the Premises and use of the Cable Facilities. Participant authorizes McCormicks to seek on my behalf, all reasonable medical and surgical care that may be necessary as a result of any injury I sustain while at the Premises or using the Cable Facilities, if I am reasonably unable to authorize such care for myself.

5. Certification of Ability and Physical Condition/Ride Under Control. Participant certifies to McCormicks that he or she has the requisite skill, training, physical strength and conditioning, and knowledge to be able to be pulled by the Cable Facilities for water skiing, wakeboarding, wake skating, and other such related activities, and that Participant has carefully inspected and is familiar with the Premises and the Cable Facilities, finds them safe and suitable for Participants purposes and upon inspection of the Cable Facilities and equipment to be used, will immediately report any unsafe or defective condition. Participant agrees to ski or ride always in a safe and controlled manner within my limits and to stay clear of obstacles and other skiers or riders. I will follow all rules posted by McCormicks and understand that I have been advised to wear a helmet and a US Coast Guard approved life vest at all times. I will not consume alcohol or drugs nor be under their influence while using the Cable Facilities.

6. Serious Risk of Personal Injury, Death, and Economic Loss Assumed by Participant. Participant acknowledges and fully understands that he or she will be engaged in activities that involve great risk of serious personal injuries, including permanent disability and death, and that severe social and economic loss may result from the action or inactions of Participant, McCormicks, its employees, representatives, directors, officers, the owners of the Cable Facilities and the Premises, agents, contractors, independent contractors, volunteers, tournament judges, boat drivers, or officials, other skiers or riders, technical persons such as course surveyors or technical controllers, manufacturers of the Cable Facilities, water skis, wakeboards, and wake skates, successors, assigns, or anyone else regardless if such persons are related or not in any manner to McCormicks. Such personal injuries, disability, death, and social and economic losses may result from the condition of the Premises, Cable Facilities, the equipment used, boats, motor vehicles, or from other unforeseen risks, including acts of God, and Participant agrees to fully assume all of the liability, responsibility, and consequences of such risks, regardless of the NEGLIGENCE of McCormicks, its employees, representatives, directors, officers, the owners of the Cable Facilities and the Premises, agents, contractors, independent contractors, volunteers, tournament judges, boat drivers, or officials, other skiers or riders, technical persons such as course surveyors or technical controllers, manufacturers of the Cable Facilities, water skis, wakeboards, and wake skates, successors, assigns, or anyone else regardless if such persons are related or not in any manner to McCormicks.

7. Complete Waiver & Release of McCormicks, Covenant not to Sue, and Agreement to Indemnify McCormicks. The Participant, on behalf of myself, my heirs and legal representatives, hereby waives liability on the part of, discharges and covenants not to sue, or to execute upon any judgment against, and releases McCormicks, its employees, representatives, directors, officers, the owners of the Cable Facilities and the Premises, agents, contractors, independent contractors, volunteers, tournament judges, boat drivers, or officials, other skiers or riders, technical persons such as course surveyors or technical controllers, manufacturers of the Cable Facilities, water skis, wakeboards, and wake skates, successors, assigns, or anyone else regardless if such persons are related or not in any manner to McCormicks, from any and all liability, loss, injury, death, damages, costs, expenses, including costs and attorneys fees, causes of action, and claims of any kind or type, which may have arisen, arise, or may arise while the Participant is present on the Premises or while the Participant is using the Cable Facilities, and specifically agrees to indemnify and hold McCormicks and the aforesaid parties harmless from any and all liability for same including the NEGLIGENCE, acts, or omissions of McCormicks and/or the aforesaid parties. The Participant agrees that no claims of any nature will be made against McCormicks, its employees, representatives, the owners of the Property and the Cable Facilities, directors, officers, members, agents, contractors, independent contractors, volunteers, tournament judges, boat drivers, or officials, other skiers or riders, technical persons such as course surveyors or technical controllers, manufacturers of the Cable Facilities, water skis, wakeboards, and wake skates, successors, assigns, or anyone else regardless if such persons are related or not in any manner to McCormick. I understand that this is a complete release of any and all possible claims and that I expressly release any claims related to any injuries I may suffer from the negligence of anyone.

8. Participant Assumes Sole Responsibility for All Risks and Any Negligence of McCormicks. It is the intent of the Parties that Participant shall solely assume the risks and be responsible for his or her death, bodily injuries and damage to Participants personal property and equipment, regardless of cause, fault, or NEGLIGENCE of McCormicks, its employees, representatives, directors, officers, the owners of the Cable Facilities and the Premises, agents, contractors, independent contractors, volunteers, tournament judges, boat drivers, or officials, other skiers or riders, technical persons such as course surveyors or technical controllers, manufacturers of the Cable Facilities, water skis, wakeboards, and wake skates, successors, assigns, or anyone else regardless if such persons are related or not in any manner to McCormicks.

9. Venue. Participant agrees that the venue for any dispute arising from any participation in the above described activities or concerning this Release in any way shall be litigated exclusively in the Courts of Hillsborough County, Florida and that no claims or actions shall be brought in any other jurisdiction against McCormicks, its employees, representatives, directors, officers, the owners of the Cable Facilities and the Premises, agents, contractors, independent contractors, volunteers, tournament judges, boat drivers, or officials, other skiers or riders, technical persons such as course surveyors or technical controllers, manufacturers of the Cable Facilities, water skis, wakeboards, and wake skates, successors, assigns, or anyone else regardless if such persons are related or not in any manner to McCormicks.

10. Photo Release. Participant grants to McCormicks the permission to photograph, video and audio record Participant while on the Premises or using the Cable Facilities and grants McCormicks the perpetual right to use and reproduce, for any purpose and without compensation to Participant, any photographs, digital or electronic images, audio recordings, movies, or videos taken of Participant while at the Premises.

I HAVE READ THIS AGREEMENT. I UNDERSTAND THAT I AM VOLUNTARILY ASSUMING ALL RISK OF THE ABOVE ACTIVITIES AND THE CONDITIONS OF THE PREMISES AND THE CABLE FACILITIES, THAT I AM GIVING UP SUBSTANTIAL RIGHTS BY SIGNING THIS AGREEMENT, AND THAT I HAVE SIGNED THIS AGREEMENT VOLUNTARILY. I WARRANT THAT MY BIRTHDATE STATED BELOW IS TRUE.

 

If participant is a minor,

Parents must call to verify.

First Participant's Name

First Name*

Last Name*

Phone*
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*
Participant's Address
Address Line 1:*
Street address, P.O. box, company name, c/o
Address Line 2:
Apartment, suite, unit, building, floor, etc.
Country:*
City:*
State/Province:*
Zip/Postal:*
Parent or Guardian's Email Address

Email*

Confirm Email*
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Emergency Contact

Emergency Contact's Name*

Emergency Contact's Phone Number*
Parent or Guardian's Driver's License / ID Card

Driver's License / ID Card Number*

Issuing State*
I consent to the above Participant minor participating in the above hazardous water sport activities, I agree to my and my minor’s assumption of the risks and dangers described above, and to all the releases above. I agree individually, personally and on the above minor's behalf, to each and every provision above, which I have fully read and understand. I am legally authorized to act as the parent or legal guardian of the above minor. I authorize McCormicks to seek on my behalf all reasonable medical and surgical care that may be necessary as a result of any injury my minor sustains while at the Premises or using the Cable Facilities, if I am not reasonably present to authorize such care myself.
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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