PARTICIPANT RELEASE OF LIABILITY ASSUMPTION OF RISK AGREEMENT

In consideration of the services of Jazzy’s Hydrobikes LLC their agents, owners, officers, volunteers, participants, employees, and other persons or entities acting in any capacity on their behalf (herein collectively referred to as Jazzy’s Hyrdrobikes LLC). I hereby agree to release and discharge Jazzy’s Hydrobikes, on behalf of myself, my children, my parents, my heirs, assigns, personal representatives and estate as follow:

 

1. I acknowledge that Hydrobiking entails known and unanticipated risks which could result in physical and emotional injury, paralysis, death or damage to myself, to property, or to third parties. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity. The risks include, but are not limited to: open water, cold water, wind, waves, currents, unpredictable weather and environmental conditions, obstacles on shore or in the water (natural or manmade), wildlife (animals, birds, fish), and plants, negligence caused by third parties, and my own negligence. Furthermore, Jazzy’s Hydrobikes LLC guides, instructors, and other staff seek to provide a safe environment and experience, but are not infallible. They might misjudge the weather or terrain, or give inadequate warnings. They might be ignorant of a person’s fitness, past experiences, or abilities. I understand that there are different levels of participation available and I have chosen the activity myself, based upon my judgment of my skills. I have made no misrepresentation of my abilities to participate and use the equipment.

 

2. I expressly agree and promise to accept and assume all of the risks existing in this activity. My participation in this activity is purely voluntarily and I elect to participate in spite of the risks. Smoking, Drinking Alcohol, Taking Drugs are prohibited during participation.

 

3. I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless Jazzy’s Hydrobikes LLC and The Town of Star City 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 Jazzy’s Hyrdobikes LLC equipment or facilities, including any such Claims which allege negligent acts or omissions of Jazzy’s Hydrobikes LLC.

 

4. Should Jazzy’s Hyrdobikes LLC or anyone acting on their behalf, be required to incur attorney’s fees and cost to enforce this agreement, I agree to indemnify and hold 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 condition that could interfere with my safety in this activity, or else I am willing to assume and bear the cost of all risks that may be created, directly or indirectly, by any such condition.

6. I agree to follow the rules posted at the time of checkout and follow the guidance of the Hydrobike attendants at all times. 

Health Statement

I will notify the host ownership or employees if I suffer from any medical or health condition that may cause injury to myself, others, or may require emergency care during my participation.

Media Statement

By signing below, I hereby grant and convey to the Host all right, title and interest in and to record my name, image, voice, or statements including any and all photographic images and video or audio recordings made by the Host.

Venue

The Venue of any dispute that may arise out of this agreement or otherwise between the parties to which the Host or it’s agents is a party shall be the Town of Star City.

 

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 Jazzy’s Hydrobikes LLC and the Town of Star City on the basis of any claim from which I have released them herein. It is the intention of the undersigned to exempt and relieve Jazzy’s Hyrdobikes LLC and associated parties from liability for personal injury, property damage, or wrongful death.

I HAVE READ THIS RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.

This is to certify that I, as parent/guardian with legal responsibility for this participant, do consent and agree to his/her release as provided above of all Jazzy’s Hydrobikes LLC  and, for myself, my heirs, assigns, and next of kin, I release and agree to indemnify and hold harmless the Jazzy’s Hydrobikes LLC and the Town of Star City from any and all liability incidents to my minor child’s involvement or participation in these programs as provided above, EVEN IF ARISING FROM THE NEGLIGENCE OF Jazzy’s Hydrobikes LLC to the fullest extent permitted by law.