In consideration of the services of Next Level Watersports, LLC., their owners, officers, volunteers, participants, employees, and all other persons or entities acting in any capacity on their behalf (hereinafter collectively referred to as “NLW”), I hereby agree to release, indemnify, and discharge NLW, on behalf of myself, my spouse, my children, my parents, my heirs, assigns, personal representative and estate as follows:
- I acknowledge that my participation in kiteboarding, wakeboarding, paddleboarding, or any other boating activity (Collectively the, “Activity”) entails known and unanticipated risks that could result in physical or emotional injury, paralysis, death, or damage to myself, to property, or to third parties. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the Activity.
The risks include, among other things: slips and falls; accidental drowning; boat capsize and entrapment; travel in remote areas; collision with objects or other watercraft; rapidly changing adverse weather and water conditions; watercraft is slippery when wet and accidents can occur getting in or out; exhaustion; exposure to the elements of the outdoors and natural surroundings which could cause cold water shock, hypothermia, hyperthermia (heat related illnesses), heat exhaustion, sunburn, dehydration; exposure to potentially dangerous wild animals, insect bites, and hazardous plant life; aggressive and/or poisonous marine life; passengers can be jolted, jarred, bounced, thrown about and otherwise shaken during rides; passengers can be thrown off the vehicles; equipment failure; accidents involving other vehicles; collision with fixed or movable objects; collisions, and flipping over; accidents or illness can occur in remote places without medical facilities; my own physical condition, and the physical exertion associated with this Activity.
Furthermore, NLW employees have difficult jobs to perform. They seek safety, but they are not infallible. They might be unaware of a participant's fitness or abilities. They might misjudge the weather or other environmental conditions. They may give incomplete warnings or instructions, and the equipment being used might malfunction.
- I expressly agree and promise to accept and assume all of the risks existing in this Activity. My participation in this Activity is purely voluntary, and I elect to participate in spite of the risks. Additionally, I agree to wear a U.S. Coast Guard approved personal flotation devise (life jacket) while participating in this Activity.
- I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless NLW from any and all claims, demands, or causes of action, which are in any way connected with my participation in this Activity or my use of NLW’s equipment or facilities, including any such claims which allege negligent acts or omissions of NLW.
- Should NLW or anyone acting on their behalf, be required to incur attorney's fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs.
- I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating, or else I agree to bear the costs of such injury or damage myself. I further certify that I am willing to assume the risk of any medical or physical condition I may have.
- In the event that I file a lawsuit against NLW, I agree to do so solely in the state of Massachusetts 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 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.
Declaration of Fitness for Kiteboarding & Wakeboarding
I hereby declare that I (And in the case of a minor participant, the minor for whom I am parent/guardian, hereinafter the “Minor”) am/are physically fit, have received regular medical checkups and have been cleared by my physician to engage in this vigorous physical Activity. I do not suffer and have not suffered any of the following conditions, which I understand may lead to a dangerous situation to myself and/or other persons during this Activity:
Epilepsy, fits, severe head injury, recurrent blackouts or dizziness, disease of the brain or nervous system, high blood pressure, lung or heart disease, recurrent weakness or dislocation of any limb, diabetes, mental illness, drug or alcohol addiction, recent back injury, arthritis and severe joint sprains, chronic bronchitis, asthma rheumatic fever, thyroid, adrenal or other glandular disorder, recent blood donation or any condition that requires the regular use of drugs.
I hereby declare that I (and, if applicable, the Minor) am/are able to swim and have no medical condition or disability or other condition which would render it unsafe to participate in this Activity.
I hereby declare that I (and, if applicable the minor) have no physical or mental conditions that preclude me (or the Minor) from participating in the Activity, that am/are not participating against medical advice or treatment, and that I (and the Minor) have not been diagnosed by any medical professional as having a terminal illness.
I further declare that if I (or the minor) feel ill or unwell or have any physical complaints whatsoever or if an injury of any kind is sustained during the course of the Activity, I/we will immediately notify the instructor and ask to discontinue the Activity or instruction.
By signing this document, I acknowledge that if anyone is hurt or property is damaged during my participation in this Activity, I may be found by a court of law to have waived my right to maintain a lawsuit against NLW on the basis of any claim from which I have released them herein. 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.
Dated: January 15, 2019