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WATER SPORTS PARTICIPATION
UNCONDITIONAL GENERAL RELEASE FROM LIABILITY - ADULT (18+)

Please read the following agreement carefully BEFORE DECIDING TO PARTICIPATE. By signing this document and initialing the required sections, YOU ARE EXPRESSLY AGREEING TO HAVE KNOWINGLY, FULLY AND TOTALLY RELEASED School of Wake LLC, a Florida limited liability company, d/b/a Kirby’s School of Wake, and its owners, members, managers, agents, employees, and contractors (hereinafter, collectively “KSW”) FROM ANY AND ALL CLAIMS INCLUDING ACTIVE OR PASSIVE NEGLIGENCE BUT EXCLUDING GROSS NEGLIGENCE AND/OR INTENTIONAL MISCONDUCT, arising out of any act, omission, or condition existing prior to the signing of this agreement, and extending to include any act, omission, or condition in any way connected with your participation in (including transit to and from) these water sports activities, occurring at any point in the future from the activities in which you are about to purchase/engage.

A. EXPRESS ASSUMPTION OF ALL INHERENT RISKS OF WATER SPORTS ACTIVITIES

There are numerous risks inherent in and associated with participation in water sports activities. By executing this RELEASE, you are acknowledging that participation in water sports activities is an inherently dangerous activity that involves risks of death and/or serious bodily injury that cannot be prevented or avoided even by the exercise of reasonable care. The following list, though not exhaustive, exemplifies many of the types of risks and potential injuries you could encounter in connection with your participation in water sports.

  • changing water flow, tides, currents, wave action, eddies, whirlpools, and vessel wakes;
  • collision with other participants, collision with watercraft, whether owned or operated by KSW, collision with man-made or natural objects;
  • the negligent actions and/or omissions of other participants;
  • your own actions and/or omissions, your level of competency as to the activity, and your own physical and mental conditions;
  • your sense of balance, physical coordination, ability to operate equipment, and ability to swim;
  • wind shear, inclement weather, lightning, variances and extremes of wind, weather and temperature;
  • collision, capsizing, sinking, falling, slipping or other hazards that may result in wetness, injury, exposure to the elements, hypothermia, impact of the body upon the water, injection of water into any body orifices, and/or drowning;
  • the presence of insects, wild animals, as well as dangerous plant life, bacteria, amoebas, and marine life forms;
  • equipment failure, improper use of equipment and/or impacting equipment;
  • heat or sun related injuries or illnesses, including sunburn, sun stroke or dehydration;
  • fatigue, chill, shock, and/or dizziness which may increase your reaction time.

By initialing this section and executing this WAIVER below, you are agreeing that you have reviewed the preceding non-exclusive list of sample inherent risks involved in your participation in these activities, and with full knowledge and understanding, you are voluntarily agreeing to engage and participate in these activities and to VOLUNTARILY AND EXPRESSLY ASSUME THE RISK OF SERIOUS BODILY HARM, PERSONAL INJURY, DEATH OR DAMAGE resulting from any and all inherent risks while participating and engaging in (including transit to and from) these water sports activities. By expressly assuming ANY AND ALL INHERENT RISKS involved with these water sports activities, you are voluntarily relinquishing the ability to seek or collect damages from KSW due to any personal injury, claim, or incident occurring or in any way related to or arising from the inherent risks of your involvement in these water sport activities.


B.HELMET RELEASE WAIVER

It is statistically clear that there are certain inherent dangers associated with water sports activities. One of those dangers is the risk of suffering serious head injury. It is, therefore, the policy of KSW that helmets will be worn at all times when riders are actively engaged in a water sports activity. By initialing this section and executing this WAIVER below, you are acknowledging and agreeing that KSW recommends and strongly encourages that You wear an approved helmet at all times while participating in water sports activities, and that KSW made a helmet available to You, at no additional charge. 

By initialing this section and executing this WAIVER below, you are acknowledging and agreeing You have been advised that wearing a protective helmet while engaged in water sports activities can significantly reduce Your risk of, and the severity of, head injuries suffered in falls or other blows to the head during water sports activities. Notwithstanding this knowledge and the specific advice to wear a protective helmet, You may consciously and voluntarily choose not to wear such a helmet. If you choose to not wear a helmet, You agree to not hold KSW liable for injuries that You may receive as a result of Your failure to wear a safety helmet, and You specifically waive and release KSW from any and all liabilities arising from such injuries.


C.INDEMNITY AGREEMENT STATEMENT 

By initialing this section and executing this WAIVER below, you are further agreeing to hold harmless and to indemnify KSW against any and all claims, demands, losses, damages, causes of action, judgments, costs, expenses, attorneys’ fees, and other liabilities, including those from third parties, arising out of or relating to your participation in any water sports and/or presence upon the property on which they are located, even if caused by the active or passive negligence of KSW, but excluding any gross negligence or intentional misconduct. By agreeing to indemnify KSW for the acts, occurrences, and expenses as contained within this subsection you are knowingly and voluntarily agreeing that you may be required to reimburse or provide the cost of a legal defense or representation for KSW for any expenses or actions it has to take arising out of your participation in these water sports activities.



D. WAIVER AND RELEASE OF LIABILITY 

By initialing this section and signing this WAIVER below, YOU ARE AGREEING TO KNOWINGLY, VOLUNTARILY, AND UNEQUIVICALLY WAIVE ANY AND ALL CLAIMS, INCLUDING ACTIVE OR PASSIVE NEGLIGENCE BUT EXCLUDING GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT, against KSW arising out of any act, omission, or condition existing prior to the signing of the agreement, and extending to any act, omission, or condition in any way connected with you participation in (including transit to and from) these water sports activities occurring at any point in the future. THIS WAIVER AND RELEASE OF LIABILITY IS EXPRESSLY PROVIDED TO EXCULPATE KSW FROM THOSE LIABILITIES WHICH ARE SEPARATE FROM AND IN ADDITION TO THE POTENTIAL LIABILITIES CREATED BY THE RISKS INHERENT IN WATER SPORTS PARTICIPATION. Furthermore, by initialing and signing this waiver below, you are binding your spouse, heirs, assigns, and any similarly situated personal or legal representative to the waiver’s terms.


E. DECLARATION OF COMPETENCY AND INTENT TO BE BOUND 

By initialing this section and signing this WAIVER below, you are signifying that you have read first, then initialed, all sections contained within this agreement. You are further signifying that you are voluntarily agreeing to execute this waiver and release, and that you understand the legal implications and consequences of doing so. If there are any aspects of this agreement to which you do not have a full and complete understanding, you are encouraged to ask or inquire KSW BEFORE initialing this section or signing this waiver.


F. UNCONDITIONAL GENERAL RELEASE FROM LIABILITY 

Your signature below reflects your express assent to be bound to the terms of this agreement. Please carefully review each section again and ensure that you fully understand the implications of this agreement.

*EACH ADULT PARTICIPANT MUST INDIVIDUALLY SIGN A WAIVER. SEE ATTACHED SUPPLEMENTAL FORM FOR LIMITED WAIVER FOR MINOR CHILDREN

WATER SPORTS PARTICIPATION
LIMITED RELEASE FROM LIABILITY – MINOR CHILDREN (<18)

NATURAL GUARDIAN’S ACKNOWLEDGEMENT OF LIMITED RELEASE ON BEHALF OF MINOR CHILD

Your signature below reflects your express assent to be bound to the terms of this supplemental agreement for your minor child. Your signature also represents your attestation to being the natural guardian of the minor child(ren) listed below, and possessing legal authority to sign this agreement on their behalf. Please carefully review each section again and ensure that you fully understand the implications of this agreement.

DATE: June 8, 2025

**Failure of less than all natural guardians to sign this form on behalf of a minor child does not constitute a basis for waiver of the limitations granted herein**

First Participant's Name
First Name*
Last Name*
First Participant's Age Acknowledgment*
First Participant's Date of Birth*
Date of Birth
I certify that I am 18 years of age or older
First Participant's Signature*
Second Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Third Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Fourth Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Fifth Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Sixth Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Seventh Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Eighth Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Ninth Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Tenth Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Parent or Guardian's Email Address
Email*
Confirm Email*
Check to receive information, news, and discounts by e-mail.
Parent(s) or court-appointed legal guardian(s) must sign for any participating minor (those under 18 years of age) and agree that they and the minor are subject to all the terms of this document, as set forth above.


By signing below the parent or court-appointed legal guardian agrees that they are also subject to all the terms of this document, as set forth above.
Parent or Guardian's Name
First Name*
Last Name*
Phone*
Parent or Guardian's Age Acknowledgment*
Parent or Guardian's Date of Birth*
Date of Birth
I certify that I am 18 years of age or older
Parent or Guardian's Signature*
Electronic Signature Consent*
 By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.


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