PARTICIPANT AGREEMENT, RELEASE AND ACKNOWLEDGMENT OF RISK
NOTICE: THIS IS A LEGALLY BINDING AGREEMENT. READ THIS CAREFULLY BEFORE SIGNING. PLEASE FEEL FREE TO CONSULT WITH LEGAL COUNSEL OF YOUR CHOICE.
This Participation Agreement, Release and Acknowledgement of Risk (the “Agreement”), is entered into on September 18, 2020 by and between Ski-Rixen USA at Quiet Waters Park (“Park”) and (the “Participant”) or (the “Guardian”) as the parent or legal guardian of (the “Minor”). As used herein, the term “I,” “me”, or “my,” shall refer to either the Participant or the Minor and the Guardian.
1. Definitions: The following terms shall have the same meaning through this Agreement.
a. Activities. Activities offered by the Park include but are not limited to any one or all of the following: aqua park, cable park, swimming, wading, cable waterskiing, wakeboarding, knee boarding, slalomn, whether participating in an activity while using or not using any obstacles and/or obstacle courses available at the Park.
b. Assumption of the Risk. To the maximum extent permitted by law, I acknowledge, comprehend, and assume all risks for injury, death to me, and property loss and/or damage to my property, while at the Park, regardless of whether inherent or specifically described in this Agreement.
c. Equipment. That equipment that may be borrowed or purchased by me from SR-QW, or other vendors with equipment at the Park, which may include, but is not limited to, wakeboards, kneeboard, skis, bindings, vests, ropes, handles, and hardware.
d. Participant (information below)
e. Participant's Safety Acknowledgement
Every participant is required to watch our safety video before riding the cable system. This video can be found on the Park’s website, or participants can request the safety video upon arrival.
Yes, I have watched and understand the safety video
f. Released Parties shall mean the Park, Ski Rixen - Quiet Waters, Inc. (“SR-QW”), and Broward County (“BC”), its owners, officers, directors, shareholders, employees, equipment suppliers, equipment designers, safety manufacturers, lessors, insurers, and agents.
g. Risks. The Activities offered at the Park that are generally acknowledged by reasonable persons to be extreme sports that possess an elevated level of danger that could result in physical and emotional injury, paralyses, death, and loss and/or damage to property. Some of the risks may include, but are not limited to:
(ii) impacting water, the shore, lake bottoms and man-made objects such as buoys, ramps, rails, and cable towers (whether directly or by objects falling from them), possibly at high speeds;
(iii) high waves; entanglement with cables and tow ropes;
(iv) wet and slippery surfaces on shore;
(v) v). exposure to wildlife, insects, actual or alleged transmission of a communicable disease such as COVID-19, and waterborne diseases such as the amoeba naegleria fowleri, and other
(vi) Malfunctions of cable and safety systems and safety equipment which may be defective, or fail;
(vii) Other patrons may perform activities out of control or beyond their physical limits, or otherwise act in a negligent, reckless, or manner which may contribute to the injury or death of themselves or other patrons;
(viii) Staff, patrons, and other individuals may act negligently, recklessly, or wrongfully;
(ix) there may be wave action, inclement weather, lightning, low water temperature in winter months, and/or heat and sun-related injuries and illnesses like sunburn, sun stroke, and dehydration during summer month.
2. Participant Acknowledgements. I acknowledge and agree that:
a. certain Activities and cable systems at the Park require different skill levels, and that for my own safety, I will only participate in activities and use systems appropriate for my skill levels;
b. the Park may fail to warn patrons of certain risks for each section of the Park and that some sections of the Park may possess different risks than another;
c. the Park does not provide lifeguards on duty for every Activity;
d. use of water obstacles could void the warranty on my wakeboard and other equipment. Use of the water obstacles and resulting in a voided warranty is my responsibility; and
e. it is entirely possible that the equipment I may be using may malfunction, be defective, and/or fail; and
f. the Park staff might be unaware of my fitness or abilities.
3. Participant Agreements. I understand and agree that:
a. I accept and assume all of the risks, known or unknown, which exist, or may exist, by reason of my participation in the Activities. My participation in the Activities is purely voluntary and I elect to safely participate in the Activities in spite of the risks;
b. there is always a possibility of accidents, which neither I nor the Park can foresee. I assume all risk associated with the Activities in the event an accident occurs;
c. I will swim and participate in the Activities at my own risk;
d. I will pay attention to all water areas and equipment and to advise Park staff whether I inflict damage or notice any damage to the facilities;
e. I will abide by and obey all posted safety rules, rules and policies, and posted behavior notices located throughout the Park at all times;
f. if Park staff make a specific request or give an instruction to me, I will comply;
g. I will use proper wakeboard and water ski practices and/or procedures. If I fail to use proper wakeboard or water skiing practices and/or procedures, I acknowledge that the results for such failure are solely my responsibility;
h. I assume all risk of personal injury, including paralysis and death, which may occur while I am at, participating in any Activities, or otherwise using the Park facility.
i. I will wear a Watersport Helmets and Coast Guard approved life jacket at all times while participating in any Activities;
j. I will only participate in Activities while wearing all safety equipment that is appropriate for each Activity to protect myself from injury;
k. I accept the risk and hazards inherent from using the water jumps, sliders, ramps, water obstacle ski and wake board equipment and the use of the cable systems;
l. I acknowledge that I can walk back to the “take off” ramp from the water and that I am not physically unable to participate in any Activities;
m. I agree that any Equipment I use while participating in Activities, is used entirely at my own risk, and
n. I acknowledge and assume all risks associated with the use of all Equipment;.
o. By visiting Ski Rixen of Quiet Waters Inc., I voluntarily assume all risks related to exposure to the COVID-19 virus.
4. Borrowing Equipment. I understand that I may borrow or purchase certain equipment from SR-QW, other equipment suppliers, distributors, manufacturers, or sponsors through SR-QW, at the Park or elsewhere. I agree that any Equipment I use while participating in any Activities, I use entirely at my own risk. I voluntarily acknowledge and assume all risks associated with the use of all Equipment. I further agree to return, in good condition, any Equipment that I borrow.
5. Medically Sound and Medical Care.
a. I have verified with a medical doctor that I am in a physical condition that is suitable and safe for me to participate in the Activities that I will participate in at the Park.
b. Prior to commencing each Activity at a Park, I will notify my instructor or other Park personnel, about any preexisting medical condition. If I do not feel physically capable of performing an Activity at a Park, I will refrain from that Activity.
c. In the event of an emergency due to injury, I hereby expressly authorize the Released Parties and/or their authorized personnel to call for medical care for me or to transport me to a medical facility or hospital if, in the opinion of such personnel, medical attention is needed. I agree to pay all costs associated with such medical care and related transportation.
I certify that
I have no medical, emotional and/or physical conditions that could interfere with my safety while participating in the Activities; and
I am willing to assume - and bear the cost for treatment for injuries I cause or suffer that may be created, directly or indirectly, by any medical condition which I may have, whether known or unknown at the time I participated in the Activities.
6. Insurance Coverage.
I certify that:
a. I have adequate insurance to cover any injury or damage I may cause or suffer while participating in the Activities, or
b. In the event I do not have adequate insurance I agree to pay all costs associated with any medical care and related transportation required due to injuries I may cause or suffer while participating in the Activities.
7. Media Release. The Undersigned hereby gives the Park, its employees, representatives, and authorized media organizations permission to print, photograph, and record me while participating in the Activities, for use in audio, video, film, or any other electronic, digital and printed media.
8. Release, Covenant Not to Sue, and Indemnification. I agree to each of the following for the benefit of the Released Parties:
a. I forever waive, for myself, my heirs, family, and/or personal representatives, all right to sue or pursue claims against the Released Parties, and/or their agents, officers, servants, representatives, and employees of and from any liability, claims, demands, actions, and causes of action whatsoever arising out of or related to any loss, damage, or injury, including fatal injury, sustained by me while using, participating and/or observing the Activities at the Park, whether or not caused by the negligence of the Park or the Released Parties or their employees, agents, officers, servants, representatives, or by failure of the equipment.
b. I will not voluntarily participate in any proceeding seeking Losses from the Park or a Released Party;
c. I will indemnify, protect, defend, and hold harmless the Park and Released Parties from and against all Losses asserted by any persons, or against or incurred by any of them, regardless of whether such Losses are suffered or caused by me and regardless of who asserts them.
d. My insurance company shall not have, and I hereby waive, any rights of subrogation against any Park or any Released Party resulting from any Losses that I may suffer or cause.
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 maximum extent permitted by law), but do not include intentional, wanton, or willful misconduct on the part of any Released Party.
9. Attorneys’ Fees and Costs:
Should the Park, SR-QW and BC or anyone on their behalf, be required to incur attorney’s fee and costs to enforce this Agreement, or any part hereof, I agree to indemnify and hold harmless that party for all such fees and costs.
a. By signing this document, I acknowledge that if anyone is hurt or property damaged during my participation in the Activities, I will indemnify and defend any action filed against the Park and the Released Parties due to my actions.
b. I may be found by a court of law to have waived my right to maintain a lawsuit against the Released Parties and any part of Released Parties on the basis of any claim form which I release them.
c. I understand that this Release is a contract and that I sign it of my own free will. I also understand that this contract is severable and that if any part of it is held by a court of law to be unenforceable, the remainder of the Release shall survive.
d. I acknowledge that I am completely aware of and accept the risk and hazards inherent with the use of the water jumps, sliders, ramps, water obstacle ski and wake board equipment and the use of the cable water ski and is doing so entirely upon my own initiative, risk and responsibility.
e. I acknowledge that the operators of the Park may deny access to a Park to me at any time, and that fraudulent use of my 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 wrist band or ticket; (iii) immediate expiration, without refund, of my bi-annual or annual pass.
In signing this Release, I acknowledge and represent that I (a) have read this Release in its entirety; (b) understand its contents and sign it voluntarily; (c) am at least eighteen (18) years of age and of sound mind; (d) am legally sober from the effects of alcohol and drugs; (e) agree to follow any and all instructions of the Park personnel while participating in the Activities; and (f) am in good health, suffering from no physical disability which might impair my mental faculties.
This document is effective as of the date of signature of the undersigned Participant and it will be in effect for a period of ONE () year from the date of my signature.
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 WHICH I OR MEMBERS OF MY FAMILY, HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, REPRESENTATIVES, SUCCESSORS, AND ASSIGNS MIGHT HAVE AGAINST THE RELEASED PARTIES.
Today's Date: September 18, 2020