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PARTICIPANT AGREEMENT, RELEASE AND ASSUMPTION OF RISK  

In consideration of the services SPI Exotic Jetcars, Key Staple LLC and White Sands Bar & Grill & Marina; their agents, owners, officers, volunteers, employees, and all other persons or entities acting in any capacity on their behalf (hereinafter collectively referred to as "SPI"), I hereby agree to release, indemnify, and discharge SPI, 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 personal watercraft and pontoon boat 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: water hazards; accidental drowning; collision with fixed objects or people; slipping and falling; musculoskeletal injuries including head, neck, and back injuries; the negligence of other participants, or other persons who may be present; equipment failure or operator error; weather conditions; and my own physical condition; collision with fixed or movable objects or other watercraft; boat capsize and entrapment; travel in remote areas; rapidly changing adverse weather and water conditions; boats are slippery when wet and accidents can occur getting in, out, on or off ; damage to equipment or personal injury; crashing; 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, heat stroke, sunburn, dehydration; exposure to potentially dangerous wild animals, insect bites, and hazardous plant life; aggressive and/or poisonous marine life; transmissible pathogen or disease; my own physical condition, and the physical exertion associated with this activity. Traveling to and from the pier will raise the possibility of any manner of transportation accidents.  

 Furthermore, SPI 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) and wetsuit bottom (or clothing that provides equivalent protection) while participating in this activity.  

3. Indemnity, release and hold harmless agreement in favor of SPI. I hereby voluntarily release, forever discharge and agree to indemnify and hold harmless SPI from any and all claims, demands, or causes of action based upon or arising out of injuries, including death, to persons, or damages to or destruction of property, sustained or alleged to have been sustained in connection with, arising out of, or in any way related to my participation in this activity or my use of SPI’s equipment or facilities, including any such claims, demands or causes of action which are based or founded, in whole or in part, upon the alleged negligent acts or omissions of SPI.  

4. Should SPI or anyone acting on their behalf, be required to incur attorney'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 SPI, I agree to do so solely in the state of Texas, 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 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 SPI 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 SPI. 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. 

 

PARENT'S OR GUARDIAN'S ADDITIONAL INDEMNIFICATION 

(Must be completed for participants under the age of 18) 

In consideration of the following minor(s): (print name(s))    

being permitted by SPI to participate in its activities and to use its equipment and facilities, I further agree to indemnify and hold harmless SPI from any and all claims which are brought by, or on behalf of minor(s), and which are in any way connected with such use or participation by minor(s). Minor(s) DOB(s)  


PROTECTIVE WETSUIT REFUSAL AGREEMENT 

I, for myself and/or on behalf of my child or legal ward, have been fully warned and advised by SPI that we should purchase and/or wear a properly fitted wetsuit bottoms, or clothing that provides equivalent protection, while riding or being around Wave Runners and Jet Skis in order to protect against injuries caused by water forced into body cavities as a result of falling into the water or being near the jet thrust nozzle. Injuries include water forced into the rectum or vagina causing severe internal injuries or death. I understand that by not wearing wetsuit bottoms or equivalent clothing, I will be going against manufacturers’ requirements and putting myself at risk for injuries. I realize that I am subject to injury from this activity and that no form of preplanning can remove all of the danger to which we are exposing ourselves. Against the advice of SPI, the guide/instructor, numerous court cases and SPI’s insurance company, we are refusing this critical safety precaution. 


Today's Date: May 14, 2024

First Participant's Name

First Name*

Last Name*
First Participant's Age Acknowledgment*
First Participant's 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*
Second Participant's Date of Birth*
Third Participant's Name

First Name*

Last Name*
Third Participant's Date of Birth*
Fourth Participant's Name

First Name*

Last Name*
Fourth Participant's Date of Birth*
Fifth Participant's Name

First Name*

Last Name*
Fifth Participant's Date of Birth*
Sixth Participant's Name

First Name*

Last Name*
Sixth Participant's Date of Birth*
Seventh Participant's Name

First Name*

Last Name*
Seventh Participant's Date of Birth*
Eighth Participant's Name

First Name*

Last Name*
Eighth Participant's Date of Birth*
Ninth Participant's Name

First Name*

Last Name*
Ninth Participant's Date of Birth*
Tenth Participant's Name

First Name*

Last Name*
Tenth Participant's Date of Birth*
Parent or Guardian's Email Address

Email*

Confirm Email*
Emergency Contact Information

In the event of an emergency, please contact the following person:


Emergency Contact

Contact Relationship

Contact Telephone
Parent or Guardian's Driver's License / ID Card

Driver's License / ID Card Number*

Issuing State*

PARENT / GUARDIAN WAIVER FOR MINORS

In the event that the participant is under the age of consent (18 years of age), then this release must be signed by a parent or guardian, as follows:

I HEREBY CERTIFY that I am the parent or guardian of the minor(s), named above, and do hereby give my consent without reservation to the foregoing on behalf of this individual. 



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*

Relationship*
Parent or Guardian's Age Acknowledgment*
Parent or Guardian's 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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