In consideration of being allowed to participate in the Byerly Toe Jam Event and all other persons or entities acting in any capacity with them or on their behalf (herein after collectively referred to as “SPONSORS”,SITE OWNERS & SITE LESSES ) I hereby agree to release and discharge SPONSORS, SITE OWNERS & SITE LESSES on behalf of myself, my children, my parents, my heirs, personal representative and estate as follows:
1. I acknowledge that wakeskating entails known and unanticipated risks which 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 completely eliminated. The risks include, among other things: Being hit by the board, other riders or their boards, shore lines, rails, boats, wave runners, docks, buoy, rope, which could result in cuts, bruises, or abrasions, and concussions: hitting the bottom of the lake; sprains, strains, broken bones, paralysis, even death; exposure to poisonous and/or carnivorous water creatures: exhaustion, dehydration, sunburn; and accidental drowning.
2. I expressly agree and promise to accept and assume all risks existing in or related to this activity. My participation in this activity is purely voluntary, and I elect to participate in spite of the risks.
3. I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless SPONSORS,SITE OWNERS & SITE LESSES from any and all claims, demands, or causes of action, which are in any way connected with my participation in this activity or my use of SPONSORS ,SITE OWNERS & SITE LESSES equipment of facilities, including any claims which allege negligent acts or omissions of SPONSORS, SITE OWNERS & SITE LESSES.
4. Should SPONSORS, SITE OWNERS & SITE LESSES 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 have no medical or physical conditions or disabilities which could interfere with my safety in this activity, or else I am willing to assume–and bear the costs of–all risks, injuries or damages that may be created or caused, directly, or indirectly, by any such condition or disability.
6. In the event that I file a lawsuit against SPONSORS, SITE OWNERS & SITE LESSES I agree to do so solely in the County of Orlando, State of Florida, and I further agree that the substantive law of Florida shall apply in that action without regard to any contrary conflict of law rules.
7. Releasor acknowledges and agrees that this release applies to all claims for injuries, damages, or losses to Releasor’s person and property, real or personal (whether those injuries, damages, or losses are known or unknown, foreseen or unforeseen, or patent or latent) that Releasor may have against SPONSORS,SITE OWNERS & SITE LESSES and Releasor understands and acknowledges that the significance and consequence of even if he should eventually suffer additional damages arising out of the facts referred to above, he will not be able to make any claim for those damages. Furthermore, Releasor acknowledges that he intends these consequences even as to claims for damages that may exist as of the date of this release but which Releasor does not know exist, and which, if known, would materially affect Releasor’s decision to execute this release, regardless of whether Releasor’s lack of knowledge is the result of ignorance, oversight, error, negligence, or any other cause.
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 SPONSORS, SITE OWNERS & SITE LESSES on the basis of any claim from which I have released them herein. 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. Absolutely NO refunds including weather and injuries.
