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AGREEMENT TO ASSUME ALL RISKS; RELEASE OF LIABILITY/ AGREEMENT NOT TO SUE & TO INDEMNIFY

Please read this contract carefully. It releases Pleasant Water Sports, LLC from liability and waives certain rights.

 

In consideration of being permitted to participate in an outdoor recreation experience provided by Pleasant Water Sports, LLC (hereinafter “PWS”) I, the Participant, (or if the Participant is under the age of 18, I, on the Participant’s behalf) understand, acknowledge, and contractually agree as set forth below (the Agreement):  

 

1. Acknowledgement of Dangers and Risks: I understand, acknowledge, and agree that renting equipment to participate in an outdoor water experience which may include unguided stand up paddleboarding, jet skiing, and being in or around water (hereinafter collectively and individually the “Activity”) can be HAZARDOUS AND INVOLVE THE RISK OF PHYSICAL INJURY AND/OR DEATH.   I understand, acknowledge, and agree that participating in the Activity involves certaininherent dangers and risks that cannot be eliminated or controlled by PWS, the presence of which are integral to the adventurous nature of the Activity. I contractually agree that the following list of dangers and risks that could cause physical or emotional injury or death are inherent to the Activity, but that the list of inherent risks is not exhaustive – I understand and acknowledge that there are many other dangers or risks associated with the Activity not listed below:  a)Risks associated with unguided paddle boarding, jet skiing, and being in or around water, including: hazardous lake conditions, including whirlpools, strong currents, eddy lines, large waves, and shallow water; water immersion, including drowning; slipping, tripping or falling around or from watercraft, docks, or while wading or walking along the water’s edge; falling into water with submerged hazards; capsizing watercraft; entrapment under capsized watercraft; bank collapse; injurious contact with natural and manmade objects; foot entrapment; striking and/or becoming entangled with overhanging trees, rocks, or other objects under, near, or above the surface of the water; lacerations due to injurious contact with equipment, sharp vegetation, rocks, metal, or glass in the water; prolonged exposure to cold water; injury resulting from improperly rigged gear or equipment; failure to understand how to properly use equipment resulting in its failure or malfunction, including personal floatation devices (PFDs); failure to properly control a watercraft as a result of a lack of adequate knowledge, experience, or skill; boating equipment malfunction, including popping or deflating watercraft; slippery or hot boating equipment; being separated from watercraft; injurious contact with boating equipment; injury caused by inadequate or lost footwear; injuries caused by aiding others; injurious contact with motorized watercraft, including injurious contact with propellors; motorized equipment malfunctions, including fire or explosion; all commonly understood risks associated with riding a jet ski, including crashes or being thrown from jet ski; jolting, jarring, bouncing and colliding with jet ski or passengers; compression hazards associated with wave slapping or bouncing; injuries caused by using, moving, or lifting boating equipment; collisions with other watercraft, rocks, piers, docks, the bank, or other natural or manmade objects; and injury caused by boarding or disembarking watercraft; b)General risks associated with participating in the Activity, participating in the Activity with other participants,including: slipping, tripping or falling; allergen exposure; exposure to poisonous plants; exposure to various dangerous or diseased wildlife, insects, or marine life including bee, wasp, or scorpion stings, and tick, bat, snake, or venomous reptile bites; falling trees, rocks, or other objects; moving objects associated with extreme weather; changing weather, dangerously cold temperatures, dangerously hot temperatures, wind, hail, lightning, heavy rain, monsoon, and other adverse weather conditions; lack of shelter; temperature fluctuations; extreme or partial darkness; wildfire or uncontrolled camp fire and associated smoke; burns or burning associated with hot surfaces and sun exposure; exposure to food-borne, water-borne, vector-borne, or airborne bacteria, virus, or pathogens; landslides; rock-fall; mudslides; flashfloods; all manner of outdoor injuries or ailments including head injury, spinal injury, paralysis, broken bones, overstretching or over-exertion, burns, internal injury, sickness or disease, hypothermia, sunburn, heatstroke, dehydration, and hyponatremia; exacerbation of Participant’s own health condition(s); becoming lost; mentally or physically unstable, negligent or criminal trip participants; lack of access to immediate medical care due to location; inadequate or incorrect medical care; poorly executed or failed rescue attempts; dangerous contact with rescue vehicles, boats, or aircraft; failure of or lack of communication equipment; inadequate or malfunctioning equipment; errors in staff judgment; and mental, physical, or emotional injury or distress from exposure to the inherent risks listed herein. I understand that PWS has done its best to list the known risks of participating in the Activity, but agree that I have the right, obligation, and opportunity to research and verify the risks of participating in the Activity.   

 

2. Acknowledgement of Limitations of Equipment: I acknowledge and agree that any and all equipment provided by PWS may malfunction, fail, not fit properly, or otherwise not function as intended. I agree that if I do not understand how to use/operate the Equipment, I will request instruction. I acknowledge and agree that although equipment, including PFDs, may be provided, this equipment is no guarantee of my safety, and such equipment may not protect me from all injuries, including the types of injuries they were designed to prevent. I acknowledge that not all conceivable safety equipment is included, and that Participant must supply any safety equipment they deem advisable or necessary for the Activity. I agree that if I provide my own equipment, I am solely responsible for ensuring its adequacy for the Activity, and its maintenance and use. 

 

3. Assumption of Risk: I acknowledge and agree that I am choosing to take part in the Activity despite the dangers and risks of doing so, and freely choose to accept the risks of participating in the Activity. I recognize that death, physical, mental, or emotional injury, and property damage or loss, are all possible while participating in the Activity. I expressly acknowledge and assume all risks, dangers, and consequences of the Activity, including but not limited to those risks, dangers, and consequences set forth in paragraph 1 above, that may result in physical, mental, or emotional injury, property damage or loss, or death.

 

4. Participant’s Responsibilities and Representations: I represent that I am physically and mentally capable of participating in the Activity. I understand the importance of all safety instructions given to me, whether in writing, visually, or verbally and agree to follow all rental instructions at all times while engaging in the Activity. Further, I represent that I have had the opportunity to both independently research and discuss with PWS the risks of participating in the Activity and my assumption of those risks. I have been informed of and understand the expectations of me while engaging in the Activity. I understand that piloting my own watercraft carries heightened and additional risks to those assumed by a Participant in a guided activity, and the risk of injury or death is correspondingly higher. Additionally, I agree to wear a U.S. Coast Guard approved personal flotation device (PFD) while participating in jet ski and paddleboard activities and a wetsuit bottom (or clothing that provides equivalent protection) while participating in jet ski/personal watercraft activities. I further agree that PWS requires participants aged thirteen and under to wear a PFD during all on-water activities, pursuant to state law. I understand that I am responsible for truthfully disclosing and notifying PWS of any risk to me or other participants associated with my own mental or physical conditions. I specifically and expressly agree that I have full responsibility for managing and treating any such conditions to prevent injury to myself or others. I acknowledge that if I consume drugs or alcohol, I will bear sole responsibility for myself and for any damages I may cause to PWS, its property, or to other participants, and I may be removed from participation in an Activity. I am not relying on any prior oral, written, or visual representations made by PWS, including in any website or promotional materials, to induce me to participate in the Activity. With all of the foregoing in mind, I assume full responsibility for my own safety. 

 

5. Release of Liability and Agreement Not to Sue: Fully understanding the foregoing paragraphs, and in exchange for PWS’s agreement to allow the Participant to participate in the Activity, I HEREBY AGREE NOT TO SUE PLEASANT WATER SPORTS, LLC, SCORPION BAY HOLDINGS, L.L.C., L AND L PAYROLL, LLC, their affiliated companies, parent or holding companies, subsidiaries, or any of their respective successors in interest, affiliated organizations and companies, insurance carriers, agents, employees, contractors, representatives, assignees, officers, directors, members, managers, or shareholders (each hereinafter a “Released Party”) for any property damage or loss, injury or loss to Participant, including death, which Participant may suffer, arising in whole or in part out of Participant’s participation in the Activity. By signing this Agreement Not to Sue, I am releasing any right to make a claim or file a lawsuit against any Released Party. I agree to hold harmless and release each and every Released Party from any and all liability and/or claims or causes of action for injury or death to persons or damage or lossto property arising from Participant’s participation in the Activity, INCLUDING, BUT NOT LIMITED TO THOSE CLAIMS BASED ON ANY RELEASED PARTY’S ALLEGED OR ACTUAL NEGLIGENCE or breach of any contract and/or express or implied warranty (but not gross negligence or intentional conduct). 

  

6. Agreement to Indemnify: I agree to INDEMNIFY (REIMBURSE) each Released Party from and for any and all claims of the undersigned Participant and/or a third party arising in whole or in part from Participant’s participation in the Activity, including claims based on negligence or any other cause of action except gross negligence. In other words, if Participant and/or anyone on Participant’s behalf files any lawsuit or brings any claim for injury or damage against any Released Party, including claims for negligence or any other cause of action except for gross negligence, undersigned will be required to pay back to each and every Released Party or Parties all sums of money incurred by or paid by or on behalf of the Released Party or Parties on account of the bringing of such suit or claim, including all attorneys’ fees and costs. 

 

7. Medical Authorization, Release, and Indemnification: I hereby: a) authorize the Released Parties to undertake any emergency medical care for me; b) 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; c) agree that, following my transport to any such medical facility or hospital, the Released Parties shall not have any further responsibility for me; d) agree to pay all costs associated with the medical care, rescue, or any related transportation provided for me; and e) shall release and hold the Released Parties harmless from any claims associated with such medical care and/or related transportation.

 

8. Application of Agreement to Minor Participants: In the case of a minor Participant, I, as parent or legal guardian, acknowledge that I am not only signing this Agreement on my behalf, but that I am also signing on behalf of the minor and that the minor shall be bound by all of the terms of this Agreement. Additionally, by signing this Agreement as the parent or legal guardian of a minor Participant, I understand that I am also waiving certain rights on behalf of the minor that the minor otherwise may have. I agree that but for the foregoing, the minor Participant would not be permitted to participate in the Activities and sign this document out of a desire to have the Participant be allowed to participate in the Activities. I represent that I am a legal parent or guardian of the minor Participant, and I will indemnify the Released parties for any damage caused to them if this representation is false.

 

9. Representation of Capacity to Contract, and Acknowledgement That Agreement is a Binding Contract: I represent that I am at least 18 years of age, and that I have the capacity to understand and be bound by all of the provisions of this Agreement. I understand and acknowledge that this Agreement is a contract and shall be binding to the fullest extent permitted by law. It is my intent that this Agreement shall be binding upon my assignees, subrogors, distributors, heirs, next of kin, executors, personal representatives, and those of the minor participant.

 

10. Agreement to Application of Arizona Law and Selection of Forum:  I agree that any and all claims directly or indirectly arising from or related to this Agreement, including any and all tort or contract claims arising from my participation in the Activity under this Agreement, shall be governed by Arizona law, and that the exclusive jurisdiction for any claim shall be in the Superior Court of Maricopa County, Arizona without regard to where the incident giving rise to any lawsuit occurs, and without regard to any jurisdiction’s conflicts of laws analysis.  

 

11. Miscellaneous Provisions: I agree that PWS may utilize my photograph or video of me participating in the Activity for any purpose, and that any such image is the property of PWS. If any sentence, clause, paragraph, or part of this Agreement is declared unenforceable, the remainder shall continue in full force and effect. This Agreement can be modified only in writing. An electronic signature or acknowledgment of Agreement upon this contract is fully binding and enforceable, and a copy of this executed agreement may be used as if it is the original.

 

I HAVE CAREFULLY READ THE FOREGOING THREE PAGE AGREEMENT AND UNDERSTAND ITS CONTENTS. I AM AWARE THAT I AM RELEASING CERTAIN LEGAL RIGHTS THAT I OR MY MINOR CHILD OTHERWISE MAY HAVE. I AGREE TO BE FULLY BOUND BY THE TERMS OF THIS AGREEMENT.


First Participant's Name
First Name*
Middle Name
Last Name*
Phone*
First Participant's Date of Birth*
Date of Birth
First Participant's Signature*
Second Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Third Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Fourth Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Fifth Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Sixth Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Seventh Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Eighth Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Ninth Participant's Name
First Name*
Middle Name
Last Name*
Participant's Date of Birth*
Date of Birth
Tenth Participant's Name
First Name*
Middle 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*
Middle 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.


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