CWSC Day Guest Waiver Release Form

Day Guest Membership Terms & Conditions

1. I apply for a day membership at Cotswold Water Ski Club and agree to abide by the Rules of the Club. On signing this agreement, future visits/activities will also be covered by this agreement for each adult/minor until the end of the season (October 2025) 
2. I have been invited onto the grounds and premises occupied by Cotswold Water Ski Club, and to participate in Water Ski-ing and/or other activities organised by the Club, by the Club member listed above. 
3. I understand that I may ski/wakeboard, etc, as a guest at CWSC up to 6 times, after which I need to become a CWSC and BWSW member if I wish to continue. During this guest period, there is Club liability in place through BWSW. Any personal accident cover during this guest period should be in place via the CWSC Members’ own insurance. (BWSW personal accident cover is automatically given to all fully paid-up BWSW members.) 

Please carefully read, complete and sign as indicated

It is essential that you recognise that participating in these sports/activities involves risk. If you voluntarily engage in the sport of water skiing or wakeboarding you will, by your involvement/participation, agree that you will:

·      do everything possible to avoid or minimise such risk

·      exercise good judgment in the decisions you make relating to your involvement/participation

·      confirm that you understand the hazards of water skiing or wakeboarding, and

·      confirm that you understand the hazards of boating and cable and, as regards boats, being in close proximity to motorised boats moving at speed on the water.

It is a condition of you participating in the sport of water skiing or wakeboarding that:

·        you will act sensibly, exercise good judgment and use all due care (including, without limitation, following instructions from the boat driver/observer/coach/cable operator and adhering to the club/centre rules, procedures and protocols at all times)

·        have regard to the safety of yourself as well as others on site, and

·        you assume all risk involved in such activities.

You also need to be a strong swimmer and in good mental and physical condition to water ski or wakeboard, and you must not be under the influence of alcohol or drugs.  Water skiing and wakeboarding are physically strenuous activities and you will be exerting yourself during these activities.  Accordingly, you will assume the risk of injury as a result of heart attack, panic, hyperventilation and all other medical conditions.  If you are in any doubt about your fitness to water ski or wakeboard you should not participate in the activity and should consult with your doctor and obtain clearance from your doctor that you are fit to water ski or wakeboard.

Consent

You will only be permitted to participate in water skiing and wakeboarding activities if you are over 18 years of age or if you are under 18 if your parent or guardian has given their written consent for you to participate.

Where a participant is a minor, it is the responsibility of their parent or guardian to ensure that the minor for whom they are responsible understands that they must act in accordance with the conditions set out in this agreement. By allowing a minor to participate the parent or guardian shall be deemed to have assumed the risks and given the waiver and indemnity set out in this agreement in respect of and on behalf of such minor.

I, the undersigned, confirm that I am 18 years of age or older and that I understand that I must act in accordance with the conditions set out in this agreement and in consideration of being permitted to participate in water ski and wakeboarding activities, I agree to assume the risks and give the waiver and indemnity set out in this agreement.

OR

I, the undersigned, confirm I am the parent or legal guardian of the named guest who is under the age of 18 (“minor”). I have explained the contents and importance of this agreement to minor and confirm that he/she understand they must act in accordance with the conditions set out in this agreement. By allowing minor to participate and in consideration of minor being permitted to participate in water ski and wakeboarding activities, I acknowledge and agree that I shall be deemed to have assumed the risks and given the waiver and indemnity set out in this agreement on behalf of minor.

Liability Release and Waiver

I, the above signed will release and exempt (the “Club”), its directors, officers, employees and volunteers including, without limitation, the coach, the boat driver, cable operator and the observer (each a “Released Party”) from:

·        all liability and responsibility for personal injury, death and property damage howsoever caused as a result of my/minor’s (as the case may be) participation in any water skiing or wakeboarding activities including, but not limited to, product liability, equipment malfunction, breach of contract, breach of statutory duty or negligence (except in respect of personal injury or death caused by the Released Party’s own negligence); and

·        any injury as a result of heart attack, panic, hyperventilation or any other medical condition I/minor (as the case may be) might suffer as a result of my/their participation in such sport or activity

and hereby waive to the fullest extent permitted by law, all claims whatsoever which I/minor (as the case may be) may have against the Released Parties, or any of them.  I acknowledge there are limitations on the insurance cover available for on-water activities and which may therefore be insufficient to meet a personal injury claim. I nevertheless willingly agree to participate in such activities.

Indemnity

I, the above signed undertake not to take any legal action against any Released Party in respect of any personal injury, death and property damage howsoever caused including, but not limited to, product liability, equipment malfunction, breach of contract, breach of statutory duty or negligence (except in respect of personal injury or death caused by the Released Party’s own negligence) as a result of my/minor’s (as the case may be) participation in any water skiing or wakeboarding activities at or in conjunction with the Club and to indemnify the Released Parties against all losses, liabilities, damages, costs and expenses (on an indemnity basis) arising out of or in connection with legal action resulting therefrom including costs and expenses (on an indemnity basis) incurred by any Released Party in the successful defence of any such legal action.

 

I ACKNOWLEDGE THAT I HAVE READ THIS AGREEMENT AND THE CLUB’S GUIDANCE RELATING TO MY/MINOR’s (AS THE CASE MAY BE) PARTICIPATION IN WATER SKIING OR WAKEBOARDING , FULLY UNDERSTAND THE POTENTIAL DANGERS INCIDENTAL TO ENGAGING IN SUCH ACTIVITY, AM FULLY AWARE OF THE LEGAL CONSEQUENCES OF SIGNING THIS AGREEMENT AND THAT I UNDERSTAND AND AGREE THAT IN CONSIDERATION OF THE CLUB PERMITTING ME/MINOR (AS THE CASE MAY BE) TO PARTICIPATE IN SUCH ACTIVITIES THAT THIS AGREEMENT IS LEGALLY BINDING AND WILL PRECLUDE ME/MINOR (AS THE CASE MAY BE) FROM RECOVERING ANY MONETARY DAMAGES FROM THE RELEASED PARTIES (SAVE IN RESPECT OF ANY DAMAGES FOR PERSONAL INJURY OR DEATH RESULTING FROM THE NEGLIGENCE OF A RELEASED PARTY) AND WILL IMPOSE A LEGALLY BINDING OBLIGATION ON ME TO INDEMNIFY THE RELEASED PARTIES AS SET OUT IN THIS AGREEMENT.