PARTICIPANT AGREEMENT, RELEASE AND ASSUMPTION OF RISK
THE ACTIVITIES AT CAJUN X CABLES, INC. ARE DANGEROUS AND MAY RESULT IN INJURY OR DEATH. THIS LEGAL DOCUMENT AFFECTS YOUR LEGAL RIGHTS. DO NOT SIGN ORINITIAL THIS AGGREEMENT UNLESS YOU FILLY UNDERSTAND ALL PROVISIONS HEREIN.
RELEASE BY ADULT, INDIVIDUALLY, AND ON BEHALF OF ALL MINOR CHILDREN FROM RESPONSIBILITY FOR ALL NEGLIGENCE UPON ENTERING ONTO THESE PREMISES AND/OR BY PARTICIPATION IN INHERENTLY DANGEROUS ACTIVITY AND INDEMNITY AGREEMENT AND WATER SKI/WAKE BOARD RELEASE OF LIABILITY, WAIVER OF CLAIMS, EXPRESS ASSUMPTION OF RISK AND INDEMNITY AGREEMENT)
Whereas each of the undersigned individuals desire to use Cajun X Cables, Inc. as a skier/wake boarder and is doing so entirely upon his or her own risk and responsibility.
The undersigned is completely aware of and accepts the risk and hazards inherent with the use of the water jumps, sliders, ramps, water feature ski and wake board equipment and the use of Cajun X Cables, Inc. and its facilities.
In consideration of use of Cajun X Cables, Inc., whether with or without charge, the undersigned either individually or on behalf of his or her child, hereby release, discharge and covenant not to sue Cajun X Cables, Inc. and/or its agents, officers, representatives, and employees of and from any liability, actions, and causes of action whatsoever arising out of or related to any loss, damage, or injury including fatal injury sustained while using, participating and/or observing the Cajun X Cables, Inc., whether or not caused by the negligence of Cajun X Cables, Inc. or its employees, agents, officers, representatives or by failure of the equipment.
This release shall be binding upon the spouse, heirs, legal representatives, next of kin, executors, and administrators of each of the undersigned. In signing the foregoing release, each of the undersigned acknowledges and represents that he/she has read the foregoing release, understands and signs it voluntarily, that he/she is at least eighteen (18) years of age and of sound mind; that he/she is not under the influence of alcohol and drugs; that he/she agrees to follow any and all instructions of the Cajun X Cables, Inc. personnel while using Cajun X Cables, Inc. and that he/she is in good health; does not suffer from any physical disability which might impair his/her mental faculties and/or normal water skiing/wake boarding and/or swimming capabilities.
Helmets must be worn at all times. Use of water feature shall result in voiding the warranty on your wake board. Cajun X Cables, Inc. is not responsible for any damage to the board or injury to you.
Fraudulent use of wristband or any ticket shall result in disciplinary action including but not limited to expulsion from the park and/or cancellation of their bi-annual pass and annual pass.
I understand that purchasing a cable pass provides me with only basic instruction, and that individualized and personal instruction is available to me for an additional cost.
I understand that water sports and related activities can be dangerous and involve a risk of injury or death. Despite the risk of injury or death, I hereby agree to assume all risks of injury or death to me while participating and/or observing any water sports and related activities at Cajun X Cables, Inc.
I understand that wake boarding, waterskiing, knee boarding, wake skating and tubing with or without the use of water feature is an extreme sport, and may result in serious injury or death to me.
I understand that Cajun X Cables, Inc. provides no lifeguards on duty and hereby agree to wear my floatation device at all times.
I do hereby acknowledge that I have been fully informed of the inherent hazards and risks associated with water ski/wake board activities, water transportation to and from the water ski/wake board vessel and related water sport activities to which I am about to engage.
The risks include but not limited to: collision, capsizing, sinking, or other hazard that may result in wetness, injury, exposure to the elements, hypothermia, impact of the body upon the water, injection of water into my body orifices, and/or drowning; collision with any other participants, watercrafts, manmade or natural objects; and shuttle boat; negligence of other participants or persons who may be present; wind shear, inclement weather, lightning, variances and extremes of wind, weather and temperature; my sense of balance,
physical condition, ability to operate equipment, swim and/or follow directions; changing water flow, tides, currents, wave action, and ship’s wakes; the presence of insects, bacteria and marine life forms; equipment failure or operator error; heat or sun related injuries or illnesses, including sunburn, hyperthermia (heat related illnesses), heat exhaustion sun stroke or dehydration; cold shock, hypothermia, fatigue, chill and/or reaction time and increased risk of an accident.
In consideration of being allowed to participate in the above-described water sports, transportation, inflatable waterpark, water trampoline activities, and water ski/wake board activities, as well as the use of any of the facilities, specifically, including water transportation and the use of the equipment of the below listed releasees, I hereby agree as follows:
1) To waive and release any and all claims based upon negligence, active or passive, with the exception of intentional, wanton, or willful misconduct that I may have in the future against all of the following named persons or entities herein referred to as releasees.
Cajun X Cables, Inc.
Owner (Company and/or individual)
2) To voluntarily release, forever discharge, and agree to indemnify and hold harmless the releasees, their officers, directors, employees, representatives, agents, volunteers, vessels, and all other persons or entities acting in any capacity on their behalf from liability and responsibility whatsoever and for any claims or causes of action that I, my estate, heirs, executors, or assigns may have for personal injury, property damage, or wrongful death arising from the above activities whether caused by active or passive negligence of the releasees or otherwise. By executing this document, I agree to hold the releasees harmless and indemnify them in conjunction with any injury or less of life that may occur as a result of engaging in the above activities.
3) Should Cajun X Cables, Inc., or anyone acting on their behalf, be required to incur lawyer's fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs.
4) By entering into this Agreement, I am not relying on any oral or written representation or statements made by the releasees, other than what is set forth in this Agreement.
5) I hereby declare that I am of legal age and am competent to sign this Agreement or, if not, that my parent or legal guardian shall sign on my behalf and that my parent or legal guardian is in complete understanding and concurrence with this Agreement.
Declaration of fitness to water ski/wake board
I hereby declare I am physically fit to engage in any and all activities at Cajun X Cables, Inc. I do not, and have not, suffered from any of the following conditions, which I understand may lead to a dangerous situation with regard to other persons or myself during water skiing/wake board activities:
I hereby declare that I have no physical or mental condition that precludes me from participating in my chosen activity, that I am not participating against medical advice or treatment, and that I have not been diagnosed by a physician as having a terminal illness.
Even if I have a health condition as stated above of which I am unaware, by signing this form I still choose to participate in the activity of water ski/wake board and agree to assume all risks and responsibilities concerning any physical injury or death that would result from my actions.
I further declare that in the event that I feel ill or unwell, have any physical complaints whatsoever or if an injury is sustained of any kind during the course of water ski/wake board activities, I will notify the water ski/wake board instructor immediately and before leaving the premises.
Important: If you cannot sign the above declaration because of any of the above conditions, you must notify the instructor immediately before you leave shore or board any water ski/wake board vessel/cableway.
In the event that I file a lawsuit against Cajun X Cables, Inc, I agree to do so solely in the state of Louisiana, and I further agree that the substantive law of that state shall apply in that action without regard to the conflict of law rules of that that state. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining document shall remain in full force and effect.
BY SIGNING THIS AGREEMENT, YOU AND/OR YOUR MINOR CHILDREN ARE WAIVING YOUR RIGHT TO FILE SUIT AGAINST CAJUN X CABLES, INC. FOR ANY REASON WHATSOEVER.
BY SIGNING THIS AGREEMENT, I EXPRESSLY ASSUME ALL RISKS INHERENT TO THE USE OF THE FACILITIES AS WELL AS PARTICIPATING IN AND/OR OBSERVING ANY WATERSPORT, INCLUDING BUT NOT LIMITED TO THE USE OF THE CABLEWAYS AND BOATS, AND ALL EQUIPMENT.
I have had sufficient opportunity to read this entire document. I have read and understood it, and I agree to be bound by its terms.
Medical Release: I authorize the Cajun X Cables, Inc. and its staff to provide or obtain necessary emergency medical attention for me or my minor child who I have signed on their behalf in the event of sickness or injury. I realize and fully understand that my family insurance policy will be responsible for any accident or medical claim. Should I, my minor child, or any member of my family require special medical treatment, prescriptions or hospital care, I am fully responsible for all expenses. I acknowledge that I have sufficient health, liability, accident and personal liability insurance to cover any bodily injury or property damage to myself or another party while participating in Cajun X Cables, Inc. activities. If I do not have such insurance then I certify that I am personally capable of paying for any and all expenses or suffering from any disease, condition or disability that would affect my participation of others in the Cajun X Cables, Inc. offered activities.