RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT
I, as evidenced by my signature below, acknowledge that participating in the instruction and operation of liftfoils and related activities (collectively, the “Activity”) is a potentially hazardous activity and that there are inherent risks in participating in the Activity, including serious bodily injury and/or death. In consideration of being permitted to participate in the Activity, and on behalf of myself and my personal representatives, heirs, executors, administrators and assigns, I hereby release, waive, discharge and covenant not to sue _________________ (hereafter “Operator”), and its assignees, representatives, agents, employees and contractors, from all liability to me, my personal representatives, heirs, executors, administrators, and assigns, for all loss or damage, and any claim or damage therefore, on account of injury or illness to me, damage to my property, and injury or illness resulting in my death, whether caused by the negligence of Operator, or its assignees, representatives, agents, employees and contractors, or otherwise, arising out of my participation in the Activity.
I am aware that the operation of liftfoils is a potentially dangerous activity. Some of the risks and dangers include, but are not limited to, loss of or damage to personal property, violations of the law, injury or fatality due to the instruction and operation of said liftfoils, including the capsize of the liftfoil, collisions with obstacles, and other accidents, illnesses and exposure to illnesses, including but not limited to COVID-19, hypothermia, and drowning. I am voluntarily participating in the Activity with full knowledge of the risks and dangers involved, and I hereby accept and assume full responsibility for and risk of bodily injury, illness, death or property damage due to the negligence of Operator, including its contractors, or otherwise while participating in the Activity.
I understand that all decisions concerning safety, whether the Activity is to occur, as well as its duration, are at the Operator’s, or its contractor's, sole discretion and I agree to comply with the instructions, directions and safety policies and procedures of the Operator and its contractors, before and during the Activity.
To the best of my knowledge, I have no physical or psychological conditions that will prohibit me from safely participating in the Activity.
I acknowledge that I have voluntarily requested and applied to participate in the Activity and I understand that I shall always have the discretion and choice not to participate in the Activity.
I, being of lawful age, in consideration of being permitted to participate in the Activity, do for myself and my heirs, executors, administrators, and assigns, now release and forever discharge Operator, and its assignees, representatives, agents, employees and contractors, of and from any and every claim, demand, action or right of action, of whatsoever kind or nature, either in law or in equity arising from or by reason of any bodily injury, illness or personal injuries, known or unknown, death and/or property damage resulting or to result from any accident or illness which may occur as a result of participation in the Activity, or any activities in connection with the Activity, whether by negligence or not.
I certify that I have carefully read this release and fully understand its contents and I execute it voluntarily and willingly of my own free will.
This release contains the entire agreement between the parties to this agreement and the terms of this release are contractual and not a mere recital.