Loading...

Surf Air Waiver

PV RESORT AMENITIES – SURF MACHINE LIABILITY WAIVER AND RELEASE AGREEMENT

 

RIDING ON THE SURF MACHINE IS AN EXTREME SPORT AND HIGH-RISK RECREATIONAL ACTIVITY. SHEET WAVE SURFING ON, OR IN PROXIMITY TO, THE FLOWRIDER MAY RESULT IN SERIOUS PHYSICAL OR MENTAL INJURY, INCLUDING, BUT NOT LIMITED TO, SERIOUS INJURY TO HEAD, NECK, BACK, HIPS, ILLNESS OR DISEASE, PARALYSIS OR DEATH.

 

PLEASE READ THIS DOCUMENT CAREFULLY, AS IT AFFECTS YOUR LEGAL RIGHTS.

 

In consideration of the permission to participate in the sheet wave surfing attraction, known as the surf machine or use a bodyboard or surfboard (collectively, the “Activities”) and any of the other facilities (together with the Activities, the “Facilities”) conducted or operated by Pecan Valley Resort or PV Resort Amenities (collectively, “PVR”), I acknowledge and agree as follows: 

 

ASSUMPTION OF RISK: I understand, acknowledge and agree that the Activities that I or the minor child for whom I am a legal guardian (each a “Participant”) am/is about to voluntarily engage in bear certain known and inherent risks and unforeseen risks, including but not limited to (1) the acts, omissions or negligence in any degree of PVR, or its agents or employees; (2) latent or apparent defects or conditions of the Activities or the Facilities; (3) improper or inadequate instruction or supervision regarding the Activities or use of the Facilities (4) the behavior of co-participants; (5) accidents or incidents in the Facilities, including but not limited to accidents or incidents in wet areas, such as pool decks, tiled, concrete or other wet surfaces; and/or (6) first aid, emergency treatment or services rendered or failed to be rendered by PVR, or its agents or employees. I understand, acknowledge and agree that participation by the Participant could result in serious physical or mental injury, illness or disease, paralysis or death or other damage to Participant or Participant’s property, whether foreseeable or not. I assume on behalf of Participant all risk or personal injury, death or disability to Participant that might result from said participation, or any damage, loss or theft of any personal property that Participant may occur.

 

            I understand, acknowledge and assume the risks of injury related to the Activities.

 

PHYSICAL CONDITION: I confirm that Participant is in good physical and mental health, and not suffering from any condition, disease or disablement which would or could potentially affect participation in the Activities or use of the Facilities. I further confirm that if Participant has history of neck, back or heart problems, that Participant has sought a doctor’s advice before participating in the Activities or using the Facilities. I confirm that Participant weighs less than 300 pounds. I further confirm that Participant is not pregnant.

 

            I understand the importance of the question regarding my physical condition.

 

RELEASE AND INDEMNITY: On behalf of myself, Participant, and my and their personal representatives, successors, heirs and assigns, I RELEASE AND FOREVER DISCHARGE AND COVENANT NOT TO SUE PVR and each of their lessors, parent companies, subsidiaries, related companies, and business concerns, past and present, and each of them, as well as each of their partners, trustees, directors, officers, members, intellectual property holders, agents, attorneys, servants and employees, past and present, and each of them (collectively referred to as “Releasees”) and all other persons or entities affiliated therewith, from ANY AND ALL LIABILITY, CLAIMS, DEMANDS, ACTIONS OR RIGHTS OR ACTION, which are related to, arise out of, or are in any way connected with my active participation in the Activities or use of the Facilities, INCLUDING, BUT SPECIFICALLY NOT LIMITED TO ANY ACT OR OMISSION AND ALL NEGLIGENCE OR FAULT OF RELEASEES. I UNDERSTAND THAT THIS SURF MACHINE LIABILITY WAIVER AND RELEASE AGREEMENT IS A RELEASE OF LIABILITY THAT IS VALID FOREVER and will apply to all current and future participation in the Activities or use of the Facilities. I understand that this SURF MACHINE LIABILITY WAIVER AND RELEASE AGREEMENT will prevent me, my child, my heirs or my estate from bringing any action at law, suit in equity, or other jurisdictional proceeding or making any claim for damages, injury or death in the event of damage, injury or death arising from participation in the Activities or use of the Facilities. I FURTHER AGREE, PROMISE AND COVENANT TO HOLD HARMLESS AND TO INDEMNIFY Releasees, and all other persons or entities from all defense costs, including attorneys’ fees, or any other costs incurred in connection with claims for mental or bodily injury, wrongful death or property damage that may be filed by me, my child, my heirs or my estate. Such indemnity and defense obligation shall further extend to any claim, loss or lawsuit which alleges that I negligently or intentionally caused any injury, death or damage to spectators or other third parties in the course of my participation in the Activities.

 

·               I understand that I voluntarily give up my right to sue and agree to indemnify the above-mentioned parties.

 

RELEASE OF ALL RIGHTS RELATED TO MY AUDIO AND PHOTOGRAPHIC IMAGE: I hereby agree to a blanket release of all rights related to my audio and photographic image that may arise out of my participation in the Activities or use of the Facilities. I understand that this Surf Machine Liability Waiver and Release Agreement includes any and all marketing, promotion or advertising that may occur anywhere and anytime on any media as later used by PVR and its affiliates. Further, I hereby grant full permission for PVR and its affiliates, to record any or all of my participation, and my name and likeness in the Activities for photos, motion pictures, TV, radio, Internet, recordings, videotapes, and other media, known or unknown, and to use them in perpetuity, no matter by whom taken or recorded, in any manner for publicity, promotions, advertising, trade or commercial purposes, without any reimbursement of any kind due to me, or the need to pay me any fee whatsoever. I agree that PVR and its affiliates will be the exclusive owner of all rights, including but not limited to the copyrights, in and to the recordings and the results and proceeds of my participation hereunder (“Materials”). I hereby assign all rights in the Materials to PVR and its affiliates. Such assignment shall be deemed irrevocable and coupled with an interest.

 

·               I assign all rights in the Materials to the above-mentioned parties.

 

ENTIRE AGREEMENT, SEVERABILITY AND VENUE: I understand that this Surf Machine Liability Waiver and Release Agreement is the entire agreement between the me and PVR and its affiliates, and that it cannot be modified or changed in any way by the representations or statements of PVR and its affiliates or any employee or agent of PVR, or by me. I understand and agree that this Surf Machine Liability Waiver and Release Agreement is severable and that if any clause is found to be invalid, the balance of the contract will remain in effect and will be valid and enforceable. I agree that any action will be brought exclusively in the courts of the State of Utah located in St. George, Utah. Any disputes will be subject to and determined under the laws of the State of Utah. I have taken the time to read this waiver and I understand its contents. I acknowledge that this Surf Machine Liability Waiver and Release Agreement , in it of itself, has provided me the information necessary to understand my rights which I am hereby waiving.

 

·               I agree to the entire agreement, severability and venue provisions.

 

I ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS WAIVER AND RELEASE AND FULLY UNDERSTAND THAT IT IS A RELEASE OF ALL LIABILITY AND A WAIVER OF ANY RIGHT THAT I MAY HAVE ON BEHALF OF MYSLEF AND/OR THE MINOR CHILD FOR WHOM I AM THE LEGAL GUARDIAN TO BRING A LEGAL ACTION OR ASSERT A CLAIM FOR INJURY OR LOSS OF ANY KIND AGAINST PECAN VALLEY RESORT, PR RESORT AMENITIES, OR ANY OF THEIR AFFILATES. IF ANY ATTEMPT FOR CLAIM IS MADE, I UNDERSTAND I WILL BE RESPONSIBLE FOR ALL DEFENSE COSTS INCURRED BY ANY RELEASEE.

 

I have read the above, been given opportunities to ask questions, considered its effects, understand its content, and agree to the terms as stated above.

 

 

                                                                                                                                                                 

 

IF PARTICIPANT IS UNDER 18

 

I, the undersigned, declare that I am the parent of, or the legal guardian of, the below named minor, and have the capacity to execute documents on behalf of such minor. I understand that as a condition to participate in sheet wave surfing on the surf machine the parent or legal guardian of the minor participant must sign certain legal documents, including but not limited to this Waiver and Release. I am signing those documents, freely, without any fraud or duress and acknowledge that I have read and understand the same. In the event that it is determined that I am not the parent or legal guardian of the minor, or did not have the legal capacity to execute the documents on behalf of said minor, then I agree to defend and indemnify: Pecan Valley Resort, PV Resort Amenities and each of their lessors, parent companies, subsidiaries, related companies and business concerns, past and present, and each of them, as well as each of their partners, trustees, directors, officers, members, intellectual property holders, agents, attorneys, servants and employees, past and present, and each of them, if any litigation is instituted, as a result of any injury or death or claim for damage arising out of, relating to, or in any way connected with, minor’s participation in the Activities or use of the Facilities. I understand that this indemnity provision is in addition to (and not in lieu of) any other indemnity provision found in this document.

First Participant's Name
First Name*
Last Name*
Phone*
First Participant's Date of Birth*
Date of Birth
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 Date of Birth*
Date of Birth
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.


One or more problems exist. Please scroll up.




Powered by  Smartwaiver - TRY IT FREE!