In consideration of the services of Third Coast Power Sports LLC, their agents, owners, officers, volunteers, employees, and all other persons or entities acting in any capacity on their behalf (hereinafter collectively referred to as "TCPS"), I hereby agree to release, indemnify, and discharge TCPS, on behalf of myself, my spouse, my children, my parents, my heirs, assigns, personal representative and estate as follows: 1.I acknowledge that my participation in jet ski, personal watercraft, wakeboarding, and tubing activities entails known and unanticipated risks that 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 eliminated without jeopardizing the essential qualities of the activity. The risks include, among other things: slips and falls; accidental drowning; watercraft may capsize and cause entrapment; collision with objects or other watercraft; rapidly changing adverse weather and water conditions; changing water flow, tides, shallow water, currents, wave action and ships' wakes; watercraft is slippery when wet and accidents can occur getting in or out; exposure to the elements of the outdoors and natural surroundings which could cause cold water shock, hypothermia, hyperthermia (heat related illnesses), heat exhaustion, sunburn, or dehydration; exposure to potentially dangerous wild animals, insect bites, and hazardous plant life; aggressive and/or poisonous marine life; passengers can be jolted, jarred, bounced, thrown about and otherwise shaken during rides; passengers can be thrown off the machine resulting in strains, sprains, broken bones and musculoskeletal injuries including head, neck, and back injuries; cuts, abrasions, and bruises; the negligence of participants, or other persons who may be present; transmissible pathogen or disease; equipment failure or operator error; flipping over the machine; accidents or illness can occur in remote places without medical facilities; my own physical condition, and the physical exertion associated with this activity. 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 voluntary, and I elect to participate in spite of the risks. Additionally, I agree to wear a U.S. Coast Guard approved personal flotation device (life jacket) while participating in this activity. 3.Indemnity, release and hold harmless agreement in favor of TCPS. I hereby voluntarily release, forever discharge and agree to indemnify and hold harmless TCPS from any and all claims, demands, or causes of action based upon or arising out of injuries, including death, to persons, or damages to or destruction of property, sustained or alleged to have been sustained in connection with, arising out of, or in any way related to my participation in this activity or my use of TCPS's equipment or facilities, including any such claims, demands or causes of action which are based or founded, in whole or in part, upon the alleged negligent acts or omissions of TCPS.
4.Should TCPS 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 am willing to assume the risk of any medical or physical condition I may have. 6.In the event that I file a lawsuit against TCPS, I agree to do SO solely in the state of Texas, and I further agree that the substantive law of that state shall apply in that action without regard to the conflict of law rules of that state. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining document shall remain in full force and effect.
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 TCPS on the basis of any claim from which I have released them herein. I also agree that this document is valid for subsequent visits and participation at TCPS. 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.