SARATOGA WATER SKI CO. LTD.
20 Highland Drive, Malta, NY 12020
Participant's Name: ___________________
Address (City, State and Zip):
This document affects your legal rights. This is a legally binding agreement. READ IT CAREFULLY and sign/initial in all appropriate spaces
ACKNOWLEDGMENT OF RISK: There are significant elements of risk inherent in boating, water skiing or other water sports activities.
I, _____________________, hereby acknowledge and agree that boating, water skiing and water tubing courses and experiential education have inherent risks, and that there are significant risks involved in all aspects of those activities, I further acknowledge and agree that those risks include, but are not limited to:
1. Spills, wipe outs, tumbling or falling can result in serious injury or even potentially death.
2. All manner of injury resulting from water hazards, which include, but are not limited to, waves, buoys, boats or floating objects, submerged objects, rocks, trees or other objects, whether permanently or temporarily in place in the water.
3. Cuts, abrasions and other wounds resulting from water skiing, water tubing or other water sports activities.
4. Failure of the ropes, skis, hardware, holds or any other part of the water ski boat.
5. Abrasion, entanglement and/or other injuries resulting from water skiing or tubing.
6. I further acknowledge that the above list is not inclusive of all possible risks associated with activities on or in the water, being pulled behind a motor boat or riding in the boat itself.
I, the participant or parent of a
participant, have fully read and understand the above and
the Release of Liability /Indemnification Agreement attached. Initial___________
I, the participant or parent of a participant, hereby authorize the use of any photograph or video taken of any participant for purposes of promotion and advertisement unless I do not authorize use:
Authorize use: Initial _____________ Do not authorize use: Initial______
PARTICIPANT OR PARENT'S SIGNATURE
RELEASE OF LIABILITY/INDEMNIFICATION AND COVENANT NOT TO SUE
This release is to be signed by any participant 18 years of age or older or by the parent/legal guardian of a participant under 18 years of age (the "Child"). By signing this agreement, you give up your (or my Child's) right to bring a court action to recover compensation or obtain any other remedy for any injury to yourself (or the Child)or your property or for your (or my Child's) death however caused arising out of your (or the Child's) participation in an activity offered by Saratoga Water Ski Co. LTD. or your (or the Child's) use of any of the facilities or equipment now or at any time in the future.
I, ________________, the undersigned, agree that I (or my Child) will not sue or otherwise make any claim against Saratoga Water Ski Co. LTD. or their employees, agents, or contractors for injury or damage, however caused, by any employee, agent or contractor of Saratoga Water Ski Co. LTD. as a result of my (or my Child's) participation in water skiing, boating or water tubing.
I agree to release and on behalf of myself (my Child), my (and my Child's) heirs, representatives, executors, administrators and assigns, the said Saratoga Water Ski Co. LTD., its officers, agents, employees and contractors from any cause of action, claims or demands of any nature whatsoever, which I (or my Child), my (or my Child's) heirs, representatives, executors, administrators and assigns, may now have, or have in the future against Saratoga Water Ski Co. LTD. on account of personal injury, property damage, death or accident of any kind, arising out of or in any way resulting from my (or my Child's) participating in water skiing, boating or water tubing, whether that participation is supervised or unsupervised, however the injury or damage is caused.
In consideration of my participation in an activity and the use of the equipment, I, the undersigned user agree to INDEMNIFY AND HOLD HARMLESS Saratoga Water Ski Co. LTD., its officers, agents, employees and contractors from any and all causes of action, claims, demands, losses, or costs of any nature whatever arising out of or in any way relating to my (or my Child's) participation in such activity and use of such equipment.
I hereby certify that I am 18 years of age or older. I have carefully read this agreement and fully understand its contents. I am aware that this is a release of liability and a contract between myself (and my Child) and Saratoga Water Ski Co. LTD. and its agents, and I sign it of my own free will.
If, for any reason, any provision(s) of this release is determined to be in any respect invalid, illegal or otherwise unenforceable, such determination shall not nullify, invalidate or otherwise impair any other provision(s) of this release. In order to prevent the invalidity of such provision(s), said provision(s) shall be deemed automatically amended in any respect(s) as may be necessary to confirm this release with the applicable provision(s) of law or public policy.
PARTICIPANT OR PARENT'S SIGNATURE: ________________________________________
Print name: ___________________________________________ Date: _________________