2024 Mastercraft surf boat with captain and gear

BOATING/WAKEBOARDING/TUBING/WAKESURFING/SWIMMING WARNING, ASSUMPTION OF RISK, RELEASE OF LIABILITY & INDEMNIFICATION AGREEMENT PLEASE READ CAREFULLY BEFORE SIGNING. THIS IS A RELEASE OF LIABILITY & WAIVER OF LEGAL RIGHTS. 1. Definitions. The person who is participating in waterskiing/wakeboarding/inflatable towing/wake surfing/ swimming/boating shall be referred to hereinafter as "Participant". The "Undersigned" means only the Participant when the Participant is age 18 or older OR it means both the Participant and the Participant's parent or legal guardian when the Participant is under the age of 18. "Released Parties" means our company, its parent, subsidiary, and affiliated entities (including without limitation, our company, and each of their respective successors in interest, affiliated organizations and companies, insurance carriers, agents, employees, representatives, assignees, officers, directors, members, and shareholders. The "activity means taking part in waterskiing/ wakeboarding/inflatable towing/wake surfing/swimming/boating and using the waterskiing/ wakeboarding/inflatable towing/wake surfing/swimming/boating facilities for any purpose. 2. Risks of Activity. The undersigned agree and understand that taking part in the activity can be HAZARDOUS AND INVOLVES THE RISK OF PHYSICAL INJURY AND/OR DEATH. The undersigned acknowledges that the Activity is inherently dangerous and fully realizes the dangers of participating in the Activity. The risks and dangers of the activity include, but are not limited to: water flow, tides, currents, wakes, collisions with other participants, watercraft and other manmade and natural objects, weather conditions, capsizing, sinking, exposure to elements, slips and falls, equipment failure and/or defects, operator error, mental distress from exposure to any of the above, and negligence of others. The undersigned acknowledges and understands that the description of the risks listed above Is not complete and that participating in the Activity may be dangerous and may include other risks, and that such risks cannot be eliminated regardless of the care taken to avoid such risks 3. Release, Indemnification, and Assumption of Risk. In consideration of the Participant being permitted to participate in the activity, the Undersigned agree as follows: (a) Release. The Undersigned hereby irrevocably RELEASES, WAIVES, AND FOREVER DISCHARGES any and all liability, causes of action, actions, claims, or demands that the Undersigned, my spouse, assigns, heirs, next of kin, guardians, and legal representatives (the "Releasing Parties may have or may hereafter have, whether known or unknown, including, without limitation, for damage or losses on account of injury, permanent disability and death or damage to property (collectively, "Activity Claims against the Released Parties, arising out of or attributable to the Participant's participation in the Activity, whether caused or alleged to be caused in whole or in part by the ordinary negligence or other acts of any of the Released Parties or otherwise. The Undersigned, for myself and on behalf of the Releasing Parties, covenant not to make or bring any such Activity Claim against any Released Party, and forever release and discharge the Released Parties from liability under such Activity Claims. The Undersigned agrees that Activity Claims include any claims or causes of action, whatsoever, including, but not limited to, for example, those in the nature of products liability strict or otherwise), premises liability, breach of contract, breach of warranty, or guaranty, misrepresentation whether affirmative of by omission), negligence, or otherwise, to the fullest extent permitted by law. (b) Indemnification. The Undersigned hereby agree to indemnify, defend and hold harmless the Released Parties from and against any and all liability, cost, expense, or damage of any kind or nature whatsoever and from any suits, claims, or demands, including legal fees and expenses whether or not in litigation, arising out of, or related to, Participant's participation in the Activity. Such obligation on the part of the Undersigned shall survive the period of the Participant's participation in the Activity. (c) Assumption of Risk. The Undersigned agree and understand that there are dangers and risks associated with the participation in the Activity and that INJURIES AND/OR DEATH may result from participating in the Activity, including, but not limited to the acts, omissions, representations, carelessness, and negligence of the Released Parties. By signing this document, the Undersigned recognize that property loss, injury, and death are all possible while participating in the Activity. RECOGNIZING THE RISKS AND DANGERS, THE UNDERSIGNED UNDERSTAND THE NATURE OF THE ACTIVITY AND VOLUNTARILY CHOOSE FOR PARTICIPANT TO PARTICIPATE IN AND EXPRESSLY ASSUME ALL RISKS AND DANGERS OF THE PARTICIPATION IN THE ACTIVITY, WHETHER OR NOT DESCRIBED ABOVE, KNOWN OR UNKNOWN, INHERENT, OR ANY TYPE OR NATURE WHATSOEVER ARISING FROM PARTICIPANT'S PARTICIPATION IN THE ACTIVITY, WHETHER CAUSED BY THE PARTICIPANT'S ACTIONS, INACTION OR NEGLIGENCE, THE ACTION, INACTION OR NEGLIGENCE OF OTHERS (INCLUDING WITHOUT LIMITATION THE RELEASED PARTIES), INADEQUATE TRAINING, FAILURE TO SUPERVISE, FAILURE TO WARN OF POTENTIAL RISKS, CONDITIONS OF THE ACTIVITY LOCATION, ANY EQUIPMENT USED IN CONNECTION WITH THE ACTIVITY, OR ANY OTHER CAUSE. THE UNDERSIGNED UNDERSTANDS THAT THE RELEASED PARTIES DO NOT REQUIRE ME TO PARTICIPATE IN THE ACTIVITY. 4. Minor Acknowledgment. In the case of a minor Participant, the Undersigned parent or legal guardian acknowledges that he/she is not only signing this Agreement on his/her behalf but that he/she is also signing on behalf of the minor and that the minor shall be bound by all the terms of this Agreement. Additionally, by signing this Agreement as the parent or legal guardian of a minor, the parent or legal guardian understands that he/she is also waiving rights on behalf of the minor that the minor otherwise may have. The Undersigned parent or legal guardian agrees that, but for the foregoing, the minor would not be permitted to participate in the Activity. By signing this Agreement without a parent or legal guardian's signature, Participant, under penalty of fraud, represents that he/she is at least 18 years of age. If signing as the parent or guardian of a minor Participant, signing adults represent that they are a legal parent or guardian of the minor Participant. 5. Medical Care. Undersigned authorize the Released Parties and/or their authorized personnel to call for medical care for the Participant or to transport the Participant to a medical facility or hospital if, in the opinion of such personnel, medical attention is needed. Undersigned agree to pay all costs associated with such medical care and related transportation. Notwithstanding the foregoing, this section does not create any duty of care owed to the Participant nor will any of the Released Parties and/or its designee (s) be obligated to the Participant for any medical attention or expenses. 6. Miscellaneous. The Undersigned further agree and understand: (a) Participant will not engage in any activities prohibited by any applicable laws, statutes, regulations, and ordinances; (b) this Agreement shall be governed by the laws of the State of California, and the exclusive jurisdiction for any claim shall be Superior Court of Placer County, California or the federal court of the State of California; (c) this Agreement constitutes the entire agreement between the parties hereto and supersedes any and all prior contracts, arrangements, communications, or representations, whether oral or written, between the parties relating to the subject matter hereof; (d) the Undersigned understand and acknowledge that this Agreement is a contract and shall be binding to the fullest extent permitted by law. If any part of this Agreement is deemed to be unenforceable, the remaining terms shall be an enforceable contract between the parties. It is the intent of the Undersigned that this agreement shall be binding upon the assignees, suborders, distributors, heirs, next of kin, executors, and personal representatives of the Undersigned. 7. Alcohol. The Undersigned acknowledges and understands that alcohol may be consumed by the Undersigned and other participants in connection with the Activity. The Undersigned fully understands and appreciates the inherent risks associated with the consumption of alcohol. The Undersigned also fully understands and appreciates the inherent risks associated with the consumption of alcohol by the Undersigned and others in connection with any of the Activity and that such consumption increases the risks inherent in the Activity. If the Undersigned does consume alcohol during participation in the Activity, the Undersigned agrees that the Undersigned is at least 21 years of age, does so of my own choice and volition, and agrees to drink responsibly. The Undersigned agrees to exercise ordinary and reasonable care at all times during my participation in the Activity and not to drink alcohol to the extent that my ability (physical, mental, or otherwise) to participate in the Activity is impaired. The Undersigned assumes the risks associated with the consumption of alcohol by myself and others and takes full responsibility for my own actions, safety, and welfare. 8. The Undersigned represents and warrants that the Participant is physically, emotionally, and mentally able to participate in the Activity. The Undersigned hereby acknowledges that there is no medical reason why the Participant should not participate in the Activity. The participant will immediately remove themselves from participation in the Activity if at any time Participant feels that they have experienced any deterioration in their physical, emotional, or mental fitness for continued participation in the Activity. The Undersigned understands and agrees that situations may arise during the Participant's participation in the activity that may be beyond the control of the Released Parties. The Undersigned accepts responsibility for the condition and adequacy of any equipment provided for Participant's use, and Participant's conduct in connection with the Participant's participation in the Activity. WARNING! By entering into this agreement, I am not relying on any oral or written representations or statements made by any of the Released Parties, other than what is set forth in this agreement. I HAVE HAD THE OPPORTUNITY TO ASK ANY QUESTIONS ABOUT THIS WAIVER. I AM AWARE, THAT BY SIGNING THIS WAIVER, I ASSUME ALL RISKS AND WAIVE AND RELEASE CERTAIN RIGHTS THAT I AND EACH OF MY SPOUSES, ASSIGNS, HEIRS, NEXT OF KIN, GUARDIANS, AND LEGAL REPRESENTATIVES MAY HAVE AGAINST THE RELEASED PARTIES. DO NOT under any circumstances sign this waiver if you do not feel you can fully, competently, emotionally, and mentally adhere to each and every term and condition of this waiver. I HAVE CAREFULLY READ THE FOREGOING ASSUMPTION OF RISK, RELEASE OF LIABILITY & INDEMNIFICATION AGREEMENT AND UNDERSTAND ITS CONTENTS. I AM AWARE THAT I AM RELEASING LEGAL RIGHTS THAT OTHERWISE MAY EXIST.