In consideration of the services of North Tahoe Watersports Inc. dba Lake Tahoe Parasailing, dba North Tahoe Watersports, Its agents, owners, officers, volunteers, employees, and all other persons or entities action in any capacity of its behalf (collective-ly and separately "NTW"), the undersigned hereby agrees to release and discharge NTW, on behalf of the participant, the par-ticipant's heirs, assigns, personal representatives and other successors as follows:
1. The undersigned acknowledges that water sports entail known and unanticipated risks which could result in personal phys-ical or emotional injuries, paralysis, death or damages to the participant, to property or to third parties. The undersigned acknowledges his/her understanding that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity. These risks include, but are not limited to: bodily injury, death, dismemberment, from among other causes impact with water, other vehicles or participant's own equipment, open water, cold water, wind, waves, currents, unpredictable weather and environmental conditions, obstacles on shore or in water (natural or manmade), wildlife (animals, birds, fish etc) and plants, negligence caused by the undersigned or third parties. I will be familiar with and will comply with all California and United States Coast Guard safety/navigational rules and regulations for boating on the waterways on which I intend to use the rented vessel.
2. The undersigned further acknowledges that NTW guides, instructors, and other staff seek to provide a safe environment and experience, but are not infallible. They might misjudge the weather or terrain, or give inadequate warnings. They might be ignorant of a participant's fitness, past experience or abilities. The undersigned further acknowledges that there are different levels of participation available and has chosen the activity personally, based upon judgment and skills. The undersigned has made no misrepresentations of the participant's ability to participate and use equipment.
3. The undersigned expressly agrees and promises to accept and assume all of the risks existing in this activity. Participation in this activity is purely voluntary and election to participate in this activity is made with full knowledge of the associated risks.
4. The undersigned voluntarily releases, forever discharges, and agrees to indemnify and hold harmless NTW from any and all claims, demands, or causes of action which are in any way connected with participation in this activity or use of NTW's equip-ment or facilities, including any such claims which allege negligent acts or omissions of NTW. The undersigned assumes full responsibility for damage to property of NTW and others and for bodily injury or death of self or others . The undersigned fur-ther certifies that the participant has adequate insurance to cover any injury or damages the participant may cause or suffer in connection with participation in this activity, and agrees to bear the costs of such injury or damages regardless of insur-ance coverage. The undersigned agrees to indemnify and hold harmless NTW, or anyone action on its behalf, for all attor-ney's fees and costs incurred in enforcement of this agreement.
5. If a minor is a participant, in consideration of participant being permitted by NTW to participate in its activities and to use its equipment and facilities, I further agree to indemnify and hold harmless NTW from any and all claims which are brought by, or on behalf of Minor, and which are in any way connected with such use and participation by Minor.
6. I acknowledge that I have been advised to wear a U.S. Coast Guard approved personal flotation jacked ("life jacket") while participation in the activity or riding in any watercraft.
7. I have read and reviewed NORTH TAHOE WATERSPORTS' requirements, rules, and instructions governing the use of NORTH TAHOE WATERSPORTS' vessels. IT IS THE INTENTION OF THIS RELEASE AND WAIVER FORM TO EXEMPT AND RELIEVE NORTH TAHOE WATERSPORTS FROM LIABILITY FOR PERSONAL INJURY, PROPERTY DAM-AGE OR WRONGFUL DEATH CAUSED BY NORTH TAHOE WATERSPORTS'S NEGLIGENCE, AND TO BE AS BROAD AND INCLUSIVE A RELEASE OF LIABILITY AS IS PERMITTED UNDER THE LAWS OF CALIFORNIA.
Jet Ski Rules
- Must be 18 years old to operate.
- No wake, idle between shore and the furthest buoy.
- ALL riding must be at least 600 feet/200 meters from shore and outside all buoys.
- Stay at least 200 feet 75 meters from all other jet skiers, boaters, swimmers, and docks until returning from riding.
- Lanyard or tether must always be securely attached to operator.
- Do not operate in less than 3 feet 1 meter of water.
- All operator and passenger exchanges must be made here with a watercraft attendant present.
- If machine capsizes, rolls over, turn back over as soon as possible. Board machine from rear, one at a time. Do not start machine after being flipped over. Flag someone down for help.
- You are responsible for any damage to the machine during the rental.
- You must stay within site of the rental facility at all times.
- Failure to comply with above rules will result in termination of rental with no refund of money.
I HAVE READ THIS RELEASE AND WAIVER FORM. I acknowledge that I have been fully and completely advised of the potential dangers involved in the activity of boating. To satisfy NORTH TAHOE WATERSPORTS that I have been advised and am fully aware of the legal consequences of signing this document, I have initialed in the box below.
Waiver of Liability and Release, Express Assumption of Risk and Indemnity Agreement
I understand and acknowledge that there are risks of personal injury, death, and property damage while participating in the activities that are the subject of this rental agreement. The risks are inherent in these concession activities; still other risks may arise from conditions, situations, or activities of which 1 am presently unaware. My participation is voluntary and based on my independent assessment of the risks, without reliance on representations or advice by employees or representatives of the Concessionaire, the State of California, or any other person.
In consideration of being granted this rental agreement and the use of concession equipment,
I HEREBY RELEASE, WAIVE, AND RELINQUISH ALL CLAIMS AND LEGAL ACTIONS FOR PERSONAL INJURY, WRONGFUL DEATH, OR PROPERTY DAMAGE AGAINST CONCESSIONAIRE, AND AGAINST THE STATE OF CALIFORNIA, DEPARTMENT OF PARKS AND RECREATION (STATE), ARISING AS A RESULT OF MY PARTICIPATION IN THESE CONCESSION ACTIVITIES, OR ANY ACTIVITIES INCIDENTAL THERETO INCLUDING RESCUE ACTIVITIES; THIS RELEASE APPLIES EVEN IF CONCESSIONAIRE AND/OR STATE IS NEGLIGENT OR OTHERWISE AT FAULT. I ALSO AGREE TO PROTECT, HOLD HARMLESS, DEFEND AND INDEMNIFY CONCESSIONAIRE AND STATE FROM ALL CLAIMS AND LEGAL ACTIONS FOR PERSONAL INJURY, DEATH OR PROPERTY DAMAGE ARISING FROM MY CONDUCT; THESE INDEMNITIES APPLY EVEN IF CONCESSIONAIRE AND/OR STATE IS NEGLIGENT OR OTHERWISE AT FAULT.
I understand the effect of my signing this document is that I (1) acknowledge and assume all risk of injury, death, or property damage I might suffer while participating in these concession activities, even if it occurs as a result of the negligence of Concessionaire and/or State or defects in equipment, (2) absolve and release Concessionaire and State from the consequences of their negligence, including without limit, rescue efforts, and defects in equipment, and (3) will protect, hold harmless, indemnify and defend Concessionaire and State against any legal actions or other claims for damages arising from my actions. I UNDERSTAND THAT I AM FORFEITING IMPORTANT LEGAL RIGHTS AND INCURRING IMPORTANT LEGAL RESPONSIBILITIES.
I understand that certain minimum skills, capabilities, physical and mental health, and fitness are required in order to participate in dangerous activities such as these concession activities; 1 warrant that 1 possess these. I understand and agree that should emergency rescue services or evacuation become necessary, the expenses are my sole responsibility and not those of Concessionaire and/or State or any other public or private entity.
I warrant that I am executing this agreement voluntarily and that neither Concessionaire nor the State has made any representations to induce or coerce me to sign this document. I agree that the terms of this document bind me, my heirs, assigns, executors, and administrators, and expressly and specifically protect Concessionaire and State including, as applicable, their agents, employees, officers, directors, and shareholders.
Today's Date: January 27, 2020