Assumption of Risk, Release of Liability, and Indemnity Agreement
The purpose of this Assumption of Risk, Release of Liability, and Indemnity Agreement (“Agreement”) is to exempt, waive, and release the Released Parties from liability for wrongful death, personal injury, and other losses, including, but not limited to liability arising from the negligence of Released Parties (as defined herein).
“Released Parties” mean Nautique Boat Company, Inc., Orlando Cable Park, LLC, Miami Wakeboard – Cable Complex, LLC, HOF Watersports Complex, LLC, Aktion Parks, LLC and it’s owners, and each of their parents, subsidiaries, affiliates, officers, directors, shareholders, members, representatives, assignees, employees, volunteers, agents, and insurance carriers.
“Activity” and “Activities” mean taking part in waterskiing, wakeboarding, wakesurfing, wakeskating, kneeboarding, barefoot skiing, sit-down hydrofoiling, stand up hydrofoiling, skurfing, discing, tubing, swimming, boating, camps, cable and park lessons, use of the beach/picnic area, or any other activity offered by Released Parties at the Orlando Watersports Complex, the Miami Watersports Complex, or the Elite Cable Park (collectively referred to as “Park” or “Parks”); using for any purpose the cable park, the Aquapark (including any of its features), amenities, equipment, buildings or facilities at the Parks; and participation in competitions or any other events offered by Released Parties.
“Me”, “Myself”, and “I”, means the adult, being at least 18 years old, who is accepting these terms on behalf of Myself and, if applicable, on behalf of a minor child. “Minor” means the minor Participant. The person actually taking part in the Activity is referred to as “Participant.”
NOTICE TO THE MINOR CHILD’S NATURAL GUARDIAN
READ THIS FORM COMPLETELY AND CAREFULLY. YOU ARE AGREEING TO LET YOUR MINOR CHILD ENGAGE IN A POTENTIALLY DANGEROUS ACTIVITY. YOU ARE AGREEING THAT, EVEN IF RELEASED PARTIES USE REASONABLE CARE IN PROVIDING THIS ACTIVITY, THERE IS A CHANCE YOUR CHILD MAY BE SERIOUSLY INJURED OR KILLED BY PARTICIPATING IN THIS ACTIVITY BECAUSE THERE ARE CERTAIN DANGERS INHERENT IN THE ACTIVITY WHICH CANNOT BE AVOIDED OR ELIMINATED. BY SIGNING THIS FORM, YOU ARE GIVING UP YOUR CHILD'S RIGHT AND YOUR RIGHT TO RECOVER FROM RELEASED PARTIES IN A LAWSUIT FOR ANY PERSONAL INJURY, INCLUDING DEATH, TO YOUR CHILD OR ANY PROPERTY DAMAGE THAT RESULTS FROM THE RISKS THAT ARE A NATURAL PART OF THE ACTIVITY. YOU HAVE THE RIGHT TO REFUSE TO SIGN THIS FORM, AND HAVE THE RIGHT TO REFUSE TO LET YOUR CHILD PARTICIPATE IF YOU DO NOT SIGN THIS FORM.
In consideration of being allowed to participate in the Activities, on behalf of Myself and all other Participants, I agree as follows:
1. Participating in the Activity is hazardous and involves the risk of physical injury or death. The dangers and risks of the Activities include, but are not limited to: drowning; impacts with water, shores, lake bottoms, boats, propellers, other participants, and man-made objects and structures, including buoys, ramps, rails, features and cable towers; waves; wakes; entanglement with cables and tow ropes; entrapment; wet and slippery surfaces on shore; slips, falls, collisions and accidents of any kind in the Aquapark or involving any of its features; exposure to wildlife, insects, and waterborne or airborne diseases such as the amoeba naegleria fowleri and Covid 19; inclement weather; lightning; low water temperature; heat or sun-related injuries and illnesses, including sunburn, sun stroke, and dehydration; and equipment malfunction, failure and defects. I acknowledge that the description of the dangers and risks listed above is not complete and that participating in the Activity may be dangerous and may include other risks, including, but not limited to the acts, omissions, representations, carelessness, and negligence of Released Parties.
2. By signing this Agreement, I, on my own behalf, acknowledge the risks and dangers associated with the Activities and agree to (1) assume any and all risks of injury or death to Myself resulting from participation in any Activity; (2) waive, release, and not sue or file any actions or claims which I may have ever had, or hereafter shall have, against Released Parties that are based on, arise or result from, in whole or in part, participation in any Activities, including, but not limited to negligence, premises liability or breach of contract claims; and (3) indemnify, defend, and hold harmless the Released Parties from and against any liability or damage of any kind and from any suits, claims or demands, including legal fees and expenses whether or not in litigation, arising out of, or related to, Participant’s participation in the Activity.
3. If applicable, by signing this Agreement on behalf of Minor Participant(s), I agree for the Minor to waive, release, and not sue or file any actions or claims, which the Minor may have ever had, or hereafter shall have, against Released Parties that are based on, arise or result from the “inherent risks” (as defined in Florida Statute §744.301(3)(a)) of the Activities, including, but not limited to negligence, premises liability or breach of contract claims.
4. I give Released Parties permission to take and use photographs or recordings of Participant taken during an Activity and use and sublicense such material for any purpose in print, advertisements, films, or videos and on line and broadcast presentations of any sort.
5. I authorize the Released Parties to call for medical care for Participant or to transport Participant to a medical facility or hospital if, in their opinion, medical attention is needed. I agree to pay all costs associated with such medical care and related transportation.
6. BY SIGNING ON BEHALF OF A MINOR OR OTHER PARTICIPANT, I REPRESENT THAT I AM AUTHORIZED TO SIGN ON PARTICIPANT’S BEHALF and/or I AM THE LEGAL GUARDIAN OF THE MINOR PARTICIPANT, and acknowledge that Participant is bound by all the terms of this Agreement. I understand that the Minor Participant would not be permitted to take part in any of the Activities unless I agree to the terms of this Agreement. By signing this Agreement without a legal guardian’s signature, I represent, under penalty of fraud that I am at least 18 years old.
7. I acknowledge Participant has verified with a medical doctor that Participant is in a physical condition that is suitable and safe to conduct all activities that he/she will conduct at a Park. Prior to commencing each activity at a Park, Participant will notify his/her instructors about any preexisting medical conditions. If any Participant does not feel physically capable of performing an Activity at a Park, he/she will refrain from that activity. Participant will utilize all appropriate safety devices at each Park (such as a Coast Guard Approved (CGA) lifejackets, helmets, and nose clips). Each Participant understands that certain Activities, amenities, features and cable systems at each Park require different skill levels, and that Participant will only participate in activities and use systems for his/her skill level. Participant will read, understand, and obey all posted safety rules that are posted at a Park or available online and all instructions by instructors and staff at a Park. I acknowledge that use of water obstacles could void the warranty on wakeboards and other equipment, which is Participant’s cost and responsibility. Participant agrees not to use any water obstacles if he/she is too young or unskilled. Participant understands that the Parks do not provide lifeguards for every Activity and do not supervise the cable systems.
8. I acknowledge that, in their sole discretion, the Released Parties may deny access to a Park to Participant at any time, and that fraudulent use of Participant’s wristband or ticket could result in disciplinary action, including one or more of the following: (i) a charge of $50.00 or more per incident; (ii) permanent loss of Participant wrist band or ticket; (iii) immediate expiration, without refund, of a bi-annual or annual pass.
9. This Agreement will apply for every day a Participant engages in any Activity without requiring Me or Participant to sign an additional agreement for each day, season, or year, until a new Assumption of Risk, Release of Liability, and Indemnity Agreement is executed by or on behalf of Me or Participant, or I revoke it in writing and that writing is accepted in writing, signed by the Released Parties’ authorized representative. All claims arising from or related to any Activity by Participant, including for injury to person or property and/or death shall be governed by Florida law, without regard to conflicts of law principles, and that exclusive jurisdiction shall be in Florida state court in the county where the alleged incident occurred. This Agreement shall be binding to the fullest extent permitted by law. If any provision of this Agreement is found to be unenforceable, the remaining terms shall be enforceable to the fullest extent permitted by law. This Agreement shall be binding upon my and/or the Minor’s assignees, subrogors, distributors, heirs, next of kin, executors, and personal representatives.
10. I agree that, by typing my name or providing any other type of electronic confirmation that is requested, that I am providing an electronic signature that is the legal equivalent of a manual signature.
I HAVE CAREFULLY READ THIS AGREEMENT, UNDERSTAND ITS CONTENTS AND ACCEPT IT, ON BEHALF OF MYSELF AND PARTICIPANT WITH FULL KNOWLEDGE OF ITS SIGNIFICANCE BY SIGNING BELOW AND/OR I ACCEPT IT BY USE OF THE ACTIVITIES.