Informed Consent and Acknowledgement
The individual named below (referred to as "I" or "me" herein) desires to (a) participate in one or more of the following activities provided or sponsored by Marine Products, MasterCraft Boats of Utah, Nautique Boats of Utah, LLC, a Utah limited liability company (the "Company"): Instruction and participation in the boating experience. Including and not limited to launching, docking, boarding, loading and riding on the vessel, as well as participating behind the boat on towable devices or wake surf equipment, together with such other services and offerings provided by the Company from time to time (collectively, the "Activities"), and/or (b) rent, utilize, test-up or otherwise enjoy one or more of the following motorized or unmotorized equipment provided and/or made available by the Company: boat, trailer, electronic foil board, wakeboard, surfboard, ropes, vests, towable devices and all other similar vehicles and machinery (collectively, the "Equipment"). As lawful consideration therefor, and in addition to the terms of any separate rental or use agreements) I may enter into with the Company and/or fees payable to the Company in connection therewith, if any, I agree to all the terms and conditions set forth in this Waiver and Release (this "Agreement").
ASSUMPTION OF RISK. I AM AWARE AND UNDERSTAND THAT PARTICIPATION IN THE ACTIVITIES AND USE OF THE EQUIPMENT ARE INHERENTLY DANGEROUS AND INVOLVES THE RISK OF INJURY AND/OR DEATH AND/OR PROPERTY DAMAGE. I ACKNOWLEDGE THAT I AM PARTICIPATING IN THE ACTIVITIES AND/OR USING THE EQUIPMENT VOLUNTARILY AND THAT I AGREE TO USE THE EQUIPMENT AND OTHERWISE PARTICIPATE AT MY OWN RISK. I acknowledge that I am sufficiently familiar with the Activities and the Equipment and able to understand both written and verbal instructions provided to me in connection therewith. I agree to strictly comply with any and all rules and regulations that are at any time made known to me regarding my participation in the Activities and use of the Equipment and I agree to be fully responsible for my noncompliance, by act or omission, with all such rules and regulations. In addition, I agree that I will not permit any unauthorized individual to use Equipment and will be fully responsible for any such unauthorized use. If I engage in prohibited or unsafe behavior, the Company may terminate my privilege to participate in some or all of the Activities and/or use some or all of the Equipment.
MEDICAL CONDITIONS; TREATMENT. I represent that I have no physical or medical condition that would endanger others or myself in connection with the Activities or the Equipment and am in such physical condition as is necessary to participate in the applicable Activities and to use the Equipment. I hereby consent to medical treatment that is deemed advisable in the event of injury, accident or illness occurring during my participation in an Activity or use of the Equipment. I hereby acknowledge that, as between any Released Party (as defined below) and myself, I am solely responsible for any hospital, medical or treatment costs arising out of any personal injury sustained by way of my participation in an Activity or use of the Equipment. The Company does not provide medical insurance. I agree to provide my own medical insurance. I ACKNOWLEDGE AND UNDERSTAND THAT ANY INJURIES THAT I SUSTAIN MAY BE COMPOUNDED BY NEGLIGENT EMERGENCY RESPONSE OR ASSISTANCE OF THE COMPANY, ITS REPRESENTATIVES AND/OR OTHER INDIVIDUALS AND HEREBY AGREE TO ACCEPT ALL SUCH RISKS.
RELEASE; INDEMNIFICATION. I, individually and on behalf of my executors, administrators, heirs, next of kin, representatives, successors and assigns, agree to: (a) waive, release and discharge the Company, Marine Products, LLC, together with their respective successors, assigns, parents, subsidiaries, affiliates, employees, managers, members, officers, directors, attorneys, agents and other representatives (collectively, "Released Parties"), from any and all liability for my death, disability, illness or personal injury, or damage or theft of my property, occurring directly or indirectly in connection with participation in any Activity and/or the use of the Equipment or any related activity and covenant not to sue any of the Released Parties with regard to the same; and (b) protect, defend, reimburse, hold harmless and indemnify each of the Released Parties from and against any and all claims, actions, causes of action, proceedings, suits, costs, liabilities, damages, and expenses, whether known or unknown (including but not limited to all direct, special, incidental, exemplary and consequently damages, and losses of any kind and attorneys' fees) based upon, resulting from and/or relating in any way to my acts or omissions in connection with my participation in any Activity and/or use of the Equipment and any related activities, including, without limitation, any costs associated with restoring or, if required (as determined by the Company), fully replacing the Equipment used to its original, pre-use condition. Notwithstanding anything to the contrary, I personally and individually guarantee unconditionally full and prompt payment of past, present and future obligations due to any Released Party under this Section 3; provided that the foregoing release and indemnification obligations shall not extend to a Released Party to the extent such liability is directly caused by such Released Party's gross negligence or willful misconduct.
This Agreement, together with any nonconflicting terms of a rental or use agreement entered into between myself and the Company, if any, constitutes the sole and entire agreement of the Company and me with respect to the subject matter contained herein and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. If any term or provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. This Agreement may not be assigned by me without the Company's prior written consent. This Agreement is binding on and shall inure to the benefit of the Company and me and their respective successors and permitted assigns. All matters arising out of or relating to this Agreement shall be governed by and construed in accordance with the internal laws of the State of Utah without giving effect to any choice or conflict of law provision or rule (whether of the State of Utah or any other jurisdiction). Any claim or cause of action arising under this Agreement may be brought only in the federal and state courts located in Salt Lake County, Utah, and I hereby consent to the exclusive jurisdiction of such courts.