Release and
Waiver of Liability, Assumption of Risk
And Indemnity
Agreement for Toledo Water Sports, Inc.
In consideration of being permitted to compete, officiate, observe, work for, or participate in any way in the EVENT(S) or being permitted to enter for any RESTRICTED AREA (defined as any restricted area requiring special authorization,credentials or permission to enter or any area which admission by the general public is restricted or prohibited including but not limited to the competition area). EACH OF THE UNDERSIGNED, for himself, his personal representatives, heirs and next of kin:
1. Acknowledges, agrees and represents that he or she or will immediately upon entering any such RESTRICTED AREAS, and will continuously thereafter, inspect the RESTICTED AREAS which he or she enters. He or she further agrees and warrants that if at ant time he or she is in or about RESTRICTED AREAS and feels to be unsafe, he or she will immediately advise the officials of such and will leave the RESTRICTED AREAS and/or refuse to participate in the EVENT(S).
2. HEREBY RELEASE, WAIVES, DISCHARGES AND COVENANTS NOT TO SUE the TOLEDO WATER SPORTS, Inc., charter club of the International Jet Sports Boating Association, the promoters, participants, racing associations, other sanctioning organizations, or any subdivisions thereof, track operators, course owners, officials, riders, pit crews, rescue personnel, any persons in any RESTRICTED AREA, promoters, sponsors, advertisers, owners or lessees of premises used to conduct the EVENT (S), premises and event inspectors, surveyors, underwriters, consultants and others who give recommendations, directors, officers, agents and employees, all for the purposes herein referred to as "releasees", FROM ALL LIABILITY TP THE UNDRSIGNED, his personal representatives, assigns, heirs and next of kin FOR ANY AND ALL LOSS OR DAMAGE, AND ANY CLAIM OR DEMANDS THEREFORE ON ACCOUNT OF INJURY TO THE PERSON OR PROPERTY OR RESULTING IN DEATH OF THE UNDERSIGNED ARISING OUT OF OR RELATED TO THE EVENT(S) , WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE.
3. HEREBY AGREES TO INDEMNIFY AND SAVE AND HOLD HARMLESS the releasees and each of them FROM ANY LOSS, LIABILITY, DAMAGE OR COST they may incur arising out of or related to the EVENT(S) WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE.
4. HEREBY ASSUMES FULL RESPONSIBILITY FOR ANY RISK OF BODILY INJURY, DEATH OR PROPERTY DAMAGE arising out of or related to the EVENT(S) WHETHER CAUSED BY THE NEGIGENCE OF THE RELEASEES OR OTHERWISE.
5. HEREBY ACKNOWLEDGES THAT THE ACTIVITIES OF THE EVENT(S) ARE VERY DANGEROUS and involved the risk of serious injury and/or death and/or property damage. Each of the UNDERSIGNED also expressly acknowledges that INJURIES RECEIVED MAY BE COMPOUNDED OR INCREASED BY NEGLIGENT RESCUE OPERATIONS OR PROCEDURES OF THE RELEASEES.
6. HEREBY agrees that this Release and Waiver, Assumption of Risk and Indemnity Agreement extends to all acts of negligence by the Releasees, INCLUDING NEGIGENT RESCUE OPERATIONS and is intended to be as broad and inclusive as is permitted by the laws of the Province or State in which the EVENT(S) is/are conducted and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
7.
THE UNDERSIGNED grants permission to the TOLEDO
WATER SPORTS Inc., charter group of the
International Jet Sports Boating Association, Inc., sponsors, event sponsors,
event promoters and their assigns, to use their voice and/or likeness,
photographs and photographs of their personal watercraft in advertising and
promotion material, future use including radio, television, motion picture
film, video tape, newspapers, magazines, programs and all other media in
connection with advertising and purposes of trade, and agrees to display TOLEDO
WATER SPORTS Inc. decal on both sides of the personal watercraft while
being a member of TOLEDO WATER SPORTS Inc.
THE UNDERSIGNED IS A MEMBER IN GOOD STANDING OF TOLEDO WATER SPORTS Inc. AND AGREES TO ABIDE BY ALL LOCAL AND STATE LAWS AND REGULATIONS FOR WHICH STATE THE EVENT (S) ARE HELD IN.
I HAVE READ THIS RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVIN UP SUBSTANTIAL RIGHTS BY SIGNING IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT, ASSURANCE, OR GUARANTEE BEING MADE TO ME AND INTEND MY SIGNATURE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.
Rider's Legal Signature________________________________________________________Date____________________________
Legal Parent/Guardian Signature ( if rider under 18)_________________________________Date____________________________