In consideration for and as a condition of being allowed to participate in activities provided by Otherside Boardsports, LLC., I agree as follows:
I fully and finally release Otherside Boardsports LLC., Otherside Boardsports employees and helpers, and all other persons and entities from any liability for any damages or injuries I may suffer in connection with participating in kiteboarding, wakeboarding, paddleboarding or any activity with Otherside Boardsports, LLC. or in transport to or from these activites, or in the areas designated for them. This release includes all claims and causes of action of any type whatsoever, whether based on statute or common lay or otherwise, relating in any way to any property damage or personal injury (including death) I may suffer in connection with my being present at the Otherside Boardsports, LLC. facility or in transport to or from designated activity area, or any activities in which I may engage while participating or spectating with Otherside Boardsports, LLC., even if caused by the negligence or other wrongful conduct of Otherside Boardsports, LLC., Otherside Boardsports, LLC. employees, volunteers or guests, or any other person or entity. I understand that the activities in which I may engage while with the Otherside Boardsports, LLC, including but not limited to wakeboarding, wakeskating, swimming, boating, paddleboarding, kiteboarding and skateboarding, involve significant risks of property damage, personal injury and death, and I consciously intend to waive and release all liability relating to such activities and risks. I understand that these risks include, but are not limited to, the following:
b) Being struck by a boat, automobile, truck or other vehicle;
c) Falling, tripping or being struck while on a dock, boat or on land;
d) The fact that we will be in water of varying depths and contact with the sea bottom, marine life or other obstructions may occur;
e) Striking the bottom of the ocean or bay as a result of jumping, diving or falling into the water;
f) Striking the bottom of the ocean or bay as a result of falling while wakeboarding, wakeskating, wakesurfing, paddleboarding, or kiteboarding;
g) Colliding with shore or the ocean or bay bottom while wakeboarding, wakeskating, wakesurfing, paddleboarding, kiteboarding or boating;
h) Colliding with obstructions such as boats, docks, rafts, buoys, water ski jumps, other people or other items in or on the water, while wakeboarding, wakeskating, wakesurfing, paddleboarding, or kiteboarding;
i) Falling while wakeboarding, wakeskating, wakesurfing, paddleboarding, or kiteboarding;
j) Becoming entangled in ropes or lines while wakeboarding, wakeskating, wakesurfing, paddleboarding, or kiteboarding;
k) Faulty boat, kite, water ski, wakeskate, wakeboard or paddleboard equipment;
l) My own negligence and/or the negligence of others, including but not limited to operator error and guide decision making including misjudging terrain, weather riding surfaces or other obstacles.
m) Negligent or otherwise improper operation of boats or cable systems or any other equipment;
n) Interaction with nature elements and temperature extremes which may include heat exhaustion, heat stroke, dehydration, inclement weather, thunder and lightning and severe or varied wind;
o) Interaction with wildlife, sea life and microscopic life that may be present on the Property or in the water;
p) Exposure to the elements and temperature extremes may result in hypothermia, heat exhaustion, heat stroke, sunburn and dehydration;
q) Accidents or illnessoccuring in remote places where there are no available medical facilities;
r) Fatigue, exhaustion, chill and/or dizziness, which may diminish my/our reaction time and increase the risk of accident;
s) Dangers associated with exposure to natural elements include but are not limited to avalanche, rock fall, inclement weather, thunder and lightning, severe and or varied wind, temperature and other weather conditions.
2. I agree and covenant that I will never assert any claim of lawsuit based on any of the claims or matters released in paragraph 1, against Otherside Boardsports, LLC., Otherside Boardsports, LLC., employees and helpers or any other person or entity. If I do, I will fully indemnify and defend Otherside Adventure Park against any such claim or lawsuit, and against any claim brought against Otherside Boardsports, LLC. as a result of any such claim or lawsuit.
3. I authorize Otherside Boardsports, LLC. to seek on my behalf all reasonable medical and surgical care that may be necessary as a result of any injury I sustain while at the Property, if I am unable to authorize such care for myself.
4. I grant this release on behalf of myself and my estate, heirs, beneficiaries, personal representatives, agents and successors.
5. If I am signing this release on behalf of a minor, I represent and warrant that I am authorized to do so.
6. I grant to Otherside Boardsports, LLC. the right to use and reproduce, for any purpose and without compensation to me any photographs, digital or electronic images, movies, or videos taken of me while on or off the Property.
7. I understand that refunds will not be given for poor weather conditions, for any lessons, tours or rental equipment or portion thereof which is claimed not to have been used, or is returned early.
9. I agree to keep rented equipment in a good state of repair, normal wear and tear accepted. I agree to pay Otherside Boardsports, LLC. FULL RETAIL COMPENSATION for replacement and/or repair of any equipment which is not returned because it is lost or stolen, or any equipment which is damaged.
I HAVE READ THIS RELEASE AND UNDERSTAND IT.
I UNDERSTAND THAT BY SIGNING THIS RELEASE I AM GIVING UP VALUABLE RIGHTS.
I AM SIGING THE RELEASE VOLUNITARILY.
Today's Date: January 20, 2022