Liability Release and Assumption of Risk Agreement
undersigned, hereby affirm that I am aware that freediving has inherent risks
which may result in serious injury or death.
I understand and agree that Lake Phoenix, nor its affiliate
and subsidiary corporations, nor any of their respective employees, officers,
agents, contractors or assigns (hereinafter referred to as "Released Parties"),
may be held liable or responsible in any way for any injury, death or other
damages to me, my family, estate, heirs or assigns that may occur as a result
of my participation in this program or as a result of the negligence of any
party, including the Released Parties, whether passive or active.
In consideration of being allowed to participate in this
program, I hereby personally assume all risks of this program whether foreseen
or unforeseen, that may befall me while I am a participant in this program
including, but not limited to, the academics, confined water and/or open water
I further release, exempt and hold harmless said program and
Released Parties from any claim or lawsuit by me, my family, estate, heirs or
assigns, arising out of my enrollment and participation in this program
including both claims arising during the program or after I receive my
I understand that freediving is a physically strenuous
activity and that I will be exerting myself during this program, and that if I
am injured as a result of heart attack, panic, hyperventilation, drowning or
any other cause, that I expressly assume the risk of said injuries and that I
will not hold the Released Parties responsible for the same.
I further state that I am of lawful age and legally
competent to sign this liability release, or that I have acquired the written
consent of my parent or guardian. I understand the terms herein are contractual
and not a mere recital, and that I have signed this Agreement of my own free
act and with the knowledge that I hereby agree to waive my legal rights. I
further agree that if any provision of this Agreement is found to be unenforceable
or invalid, that provision shall be severed from this Agreement. The remainder
of this Agreement will then be construed as though the unenforceable provision
had never been contained herein.
I understand and agree that I am not only giving up my right
to sue the Released Parties but also any rights my heirs, assigns, or
beneficiaries may have to sue the Released Parties resulting from my death. I
further represent I have the authority to do so and that my heirs, assigns, or
beneficiaries will be estopped from claiming otherwise because of my
representations to the Released Parties.
Vehicle operators are responsible for ensuring all individuals regardless of age and activity at Lake Phoenix have completed their waiver, will watch the Lake Phoenix informational video and abide by all policies therein and sign in daily.
consent and agree that any photos, videos or likeness taken or captured by Lake
Phoenix staff, their equipment or their agents can be used as Lake Phoenix
management or staff requires. This
includes, but is not limited to, website, flyers, posters, news alerts and
on-line media. I understand that Lake
Phoenix is the legal copyright owner.
I, THE UNDERSIGNED, BY THIS INSTRUMENT AGREE TO EXEMPT and
RELEASE LAKE PHOENIX, AND ALL RELATED ENTITIES AS DEFINED ABOVE, FROM ALL
LIABILITY OR RESPONSIBILITY WHATSOEVER FOR PERSONAL INJURY, PROPERTY DAMAGE OR
WRONGFUL DEATH HOWEVER CAUSED, INCLUDING BUT NOT LIMITED TO THE NEGLIGENCE OF
THE RELEASED PARTIES, WHETHER PASSIVE OR ACTIVE.
I HAVE FULLY INFORMED MYSELF AND MY HEIRS OF THE CONTENTS OF
THIS NON-AGENCY DISCLOSURE AND ACKNOWLDGEMENT AGREEMENT AND LIABILITY RELEASE
AND ASSUMPTION OF RISK AGREEMENT BY READING BOTH BEFORE SIGNING BELOW ON BEHALF
OF MYSELF AND MY HEIRS.