In consideration of the services of Vegas Aqua LLC, d/b/a Lake Las Vegas Watersports, Signal Butte Investors LLC, Montelago Village Association, and Pacific Capital Management, their agents, owners, officers, volunteers, employees, and all other persons or entities acting in any capacity on their behalf (hereinafter collectively referred to as "LLVW"), I hereby agree to release, indemnify, and discharge LLVW, on behalf of myself, my spouse, my children, my parents, my heirs, assigns, personal
representative and estate as follows:
1. I acknowledge that my participation in activities for bicycles, standup paddleboards, kayaks, flyboarding rides and instruction, inflatable water park and water cable park activities 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; passengers can be jolted, jarred, bounced, thrown about and otherwise shaken during rides; the negligence of other operators of motor vehicles, bicycles or myself; collision with fixed or movable objects, vehicles, bicycles or other watercraft; capsize and entrapment; accidental drowning; water craft are slippery when wet and accidents can occur getting in or out; the forces of nature including extremes of weather, lightning and rapid weather changes, exposure to sun, strong wind, cold, large waves, eddies and whirlpools, tidal conditions, surf and currents; exposure to temperature and weather extremes 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; musculoskeletal injuries including head, neck, and back injuries; wrist, arm, or shoulder injuries; cuts, scrapes, sprains, strains, bruises, rope burns, broken bones or fractures, concussions; transmissible pathogens or disease; equipment failure and/or operator error; the negligence of other visitors, participants, or other persons who may be present; improper lifting or carrying; my own physical condition, and the physical exertion associated with this activity;traveling to and from activity locations raises the possibility of any manner of transportation accidents; accidents or illness can occur in remote places without medical facilities and emergency treatment or other services rendered.
Furthermore, LLVW personnel 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.
2. 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 device (life jacket) while participating in all water activities; and a properly fitted and secured certified helmet while participating in
flyboarding and biking activities.
3. I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless LLVW 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 LLVW’s equipment or facilities, including any such claims which allege negligent acts or omissions of LLVW.
4. Should LLVW 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.
5. 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.
6. In the event that I file a lawsuit against LLVW, I agree to do so solely in the state of Nevada 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 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 LLVW on the basis of any claim from which I have released them herein. I also agree that this document is valid for subsequent visits and participation at LLVW. 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.
By supplying your mobile number you agree to receive text messages from (Vegas Aqua LLC) up to 5 Msgs/Month. Reply STOP to cancel, HELP for help. Msg&data rates may apply. Terms & Privacy: http://slkt.io/oRs
By signing this document, I acknowledge that I will take full responsibility for all damages to any equipment myself or anybody in my party causes. I understand if damage is caused I will need to leave a credit card on file until damage cost is assessed. Most common damages are broken or lost paddles ($100), lost oar ($50), damaged propeller ($250), paddleboard fin ($50). Other damages may occur and the cost will be left to the staff of Lake Las Vegas Water Sports. You agree to pay the requested amount.
PHOTO/VIDEO RELEASE FORM
I hereby authorize Lake Las Vegas Water Sports and those acting pursuant to its authority to: (i) record my likeness and/or voice on a video, audio, photographic, digital, electronic or any other medium; (ii) use my name and biographical material in connection with such recordings; and (iii) use, reproduce, exhibit, and/or distribute my name, biographical material, and such recordings in any medium (e.g., print publications, video, internet, etc.) for promotional, advertising, educational, and/or other lawful purposes. I release and waive any claims or rights of compensation or ownership regarding such uses and understand that all such recordings shall remain the property of Lake Las Vegas Water Sports. I certify that I am 18 years of age or older or that my parent/guardian has signed below.