AGREEMENT OF RELEASE, INDEMNITY, AND ASSUMPTION OF RISK
(CHILDREN) Read this agreement carefully before you sign it. This is a binding agreement in favor of the Operators (as defined below) for all future activities at the Orlando Watersports Complex, the Miami Watersports Complex, and Elite Cable Park (each, a “Park”) that are performed by your children (the “Children”). You are signing this agreement on behalf of yourself and your Children in exchange for your Children being allowed to enter each Park and to perform activities there. Children presenting this form may be required to prove the authenticity of your signature. 1. Disclosure of Risks. Outdoor watersport activities are extreme sports and possess an elevated level of danger that could result in physical and emotional injury, death, and property loss and damage. These risks include, but are not limited to: drowning; impacting water or the shore, lake bottoms, boats (including engine propellers), other patrons, and man-made objects such as buoys, ramps, rails, and cable towers (whether directly or by objects falling from them), possibly at high speeds; high waves and ships’ wakes; entanglement with cables and tow ropes; wet and slippery surfaces on shore; exposure to wildlife, insects, and waterborne diseases such as the amoeba naegleria fowleri; and other risks associated with outdoor watersport activities such as wave action, inclement weather, lightning, low water temperature in winter months, and heat and sun-related injuries and illnesses like sunburn, sun stroke, and dehydration. Cable and safety systems may malfunction, be defective, or fail, and safety equipment may not adequately protect your Children. Your Children and other patrons may perform activities out of control or beyond their physical limits, or otherwise act in a negligent, reckless, or intentional manner which contributes to the injury or death of your Children or other patrons. Staff, patrons, and other individuals may act negligently, recklessly, or wrongfully. A Park may fail to warn patrons of certain risks, and one Park might possess different risks than another. The Parks do not provide lifeguards on duty for every activity, nor do they actively supervise the cable systems. Therefore, you are advised that your Children will swim and participate in watersport activities at their own risk. I have explained these risks to my Children, and we appreciate them and the possible outcomes. Each of my Children and I voluntarily choose to have my Children participate nonetheless. 2. Assumption of Risk; Duty to Supervise. To the maximum extent permitted by law, I acknowledge, comprehend, and assume all risks of injury, death, and property loss and damage that might occur to my Children at a Park, regardless of whether inherent or described in this agreement. I do so on behalf of myself and my Children as their parent or guardian. I agree that I shall supervise my Children’s activities while at any Park, and that I am solely responsible for supervising their conduct. 3. Waiver, Release, Covenant Not to Sue, and Indemnification. I hereby agree, both for myself and on behalf of my Children as their parent or guardian, to each of the following provisions for the benefit of Nautique Boat Company, Inc., Orlando Cable Park, LLC, Miami Wakeboard – Cable Complex, LLC, HOF Watersports Complex, LLC, and their respective owners, successors, affiliates, managers, officers, and employees (all being collectively referred to as the “Released Parties”): a. I waive all of my rights, and each of my Children’s rights, to pursue claims against the Released Parties for losses, damages, liabilities, costs, and expenses (including reasonable attorneys' fees and expenses through all levels of adjudication (including appeal)) for personal injury (including death), property loss or damage, and all other liabilities, claims, demands, actions, and causes of action whatsoever in any way relating to any of my Children’s activities at a Park or my failure to supervise those activities (collectively, “Losses”) to the extent that those Losses result from an “inherent risk” (as defined in Florida Statute §744.301(3)(a)) in such activities; b. I release and covenant to not sue, and to cause each of my Children to not sue, any Released Party for Losses, and neither I nor my Children will voluntarily participate in any proceeding seeking Losses from a Released Party; and c. I will indemnify, protect, defend, and hold harmless all Released Parties from and against all Losses asserted against or incurred by them, regardless of whether such Losses are suffered or caused by my Children and regardless of who asserts them. d. Neither my insurance company nor my Children’s insurance company shall have, and I hereby waive on behalf of myself and my Children, any rights of subrogation against any Park or any Released Party on account of any Losses. These waivers, releases, covenants, and obligations include all claims that are based upon the negligence of any Park or any Released Party (including gross negligence to the extent permitted by law), but do not include intentional, wanton, or willful misconduct. 4. Other Provisions. I agree to the following provisions, both for myself and on behalf of each of my Children as their parent or guardian: a. I agree to wear a properly fitted Coast Guard Approved (CGA) life jacket at all times while on, in or around the water at Aktion Parks b. I have verified with a medical doctor that each of my Children is in a physical condition that is suitable and safe for them to conduct all activities that they will conduct at a Park. Prior to commencing each activity at a Park, my Children will notify their instructors about any preexisting medical conditions. If any of my Children does not feel physically capable of performing an activity at a Park, he/she will refrain from that activity. My Children will utilize all appropriate safety devices at each Park (such as a Coast Guard Approved (CGA) lifejackets, helmets, and nose clips). My Children and I each understand that certain activities and cable systems at each Park require different skill levels, and that for my Children’s safety, my Children will only participate in activities and use systems for their respective skill levels. My Children will read 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 by my Children could void the warranty on wakeboards and other equipment, which is my sole cost and responsibility. I agree that my Children will not use any water obstacles if they are too young or unskilled. I agree that my Children assume the risk of actual or alleged transmission of communicable diseases such as COVID 19. c. If any term of this Agreement is held to be invalid or unenforceable, the remainder of this Agreement shall not be affected and the term in question shall be valid and be enforced to the fullest extent permitted by law. This agreement is governed by the law of the State of Florida, and all disputes shall be resolved in state or federal courts located in Orange County, Florida. I am eighteen (18) years of age or older and I am the parent or guardian of each of the Children, and I have full legal capacity to execute this agreement on behalf of myself and on behalf of each of the Children. This agreement will remain in full force and effect and apply to all of my Children’s visits to any Park once it is signed. I may only revoke this agreement in a writing signed by me, but I acknowledge that I cannot and will not permit any of my Children to enter a Park unless this agreement is valid and binding against me and my Children, and that any revocation will not apply to any activities of my Children on or prior to the date of revocation. I certify that I am either: (i) the Children’s “natural guardian”[1]; or (ii) the Children’s legal guardian and that the Child has no “natural guardian”. d. I acknowledge that Orlando Cable Park, LLC, Miami Wakeboard – Cable Complex, LLC, HOF Watersports Complex, LLC (the “Operators”) might record or photograph my Children’s likeness, performance, and participation at a Park. I agree that the Operators will be the sole owner of all rights to those recordings and photographs forever, and that the Operators may use my Children’s likeness in these recordings and photographs in all publications and advertisements, all without any payment of consideration or liability to me or to my Children. This agreement is irrevocable by me and my Children. e. I acknowledge that the Operators may deny access to a Park to my Children at any time, and that fraudulent use of my Children’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 my Children’s wrist band or ticket; (iii) immediate expiration, without refund, of a bi-annual or annual pass. f. I agree, 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. NOTICE TO THE MINOR CHILDREN’S GUARDIAN: READ THIS FORM COMPLETELY AND CAREFULLY. YOU ARE AGREEING TO LET YOUR MINOR CHILDREN ENGAGE IN A POTENTIALLY DANGEROUS ACTIVITY. YOU ARE AGREEING THAT, EVEN IF THE RELEASED PARTIES USE REASONABLE CARE IN PROVIDING THIS ACTIVITY, THERE IS A CHANCE YOUR CHILDREN 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 CHILDREN’S RIGHT AND YOUR RIGHT TO RECOVER FROM THE RELEASED PARTIES IN A LAWSUIT FOR ANY PERSONAL INJURY, INCLUDING DEATH, TO YOUR CHILDREN 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 THE RELEASED PARTIES HAVE THE RIGHT TO REFUSE TO LET YOUR CHILDREN PARTICIPATE IF YOU DO NOT SIGN THIS FORM. I HAVE READ AND UNDERSTAND THIS AGREEMENT, AND I HAVE HAD THE OPPORTUNITY TO HAVE MY LEGAL COUNSEL REVIEW IT. I AGREE THAT, BY SIGNING IT, I AM WAIVING CERTAIN LEGAL RIGHTS ON BEHALF OF MYSELF AND MY CHILDREN WHICH I, MY CHILDREN, OR MEMBERS OF OUR FAMILY, HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, REPRESENTATIVES, SUCCESSORS, AND ASSIGNS MIGHT HAVE AGAINST THE RELEASED PARTIES. [1] You are the Children’s natural guardian if both of the following are true: (1) you are the Children’s biological or adopted parent; and (2) you presently have sole or shared parental responsibility for the Children. Date: April 29, 2025
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