Lakeside Wake and Surf, LLC RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, PARENTAL CONSENT & INDEMNITY AGREEMENT (“Release”)
About Lakeside Wake and Surf, LLC.
- Lakeside Wake and Surf, LLC. is a business dedicated to teaching all types of individuals how to safely enjoy boating and watersports; pleasure boating, wakeboarding, wakesurfing, water-skiing, knee boarding, tubing, etc. Instructors at Lakeside Wake and Surf, LLC. have years of experience in driving boats, participating in watersports, and teaching watersports. At Lakeside Wake and Surf, LLC. SAFETY is a core value. Our number one priority is ensuring our customers have a safe, enjoyable, and educational experience. All instructors are American Heart Association certified in CPR & First Aid. All instructors are trained in swim and rescue.
About activities offered at Lakeside Wake and Surf, LLC.
- All of our activities involve riding in, being pulled by, and/or riding behind, a boat. These boats are designed for watersports and can travel at high speeds. How fast will depend on the specific rider, skill level, and activity, but during some watersports activities 30 mph or more may be reached. Due to the wake created by our boats or other boat traffic, the possibility exists that you could become airborne (some more advanced participants often seek out this possibility). All of the activities offered involve risk and all can be dangerous. You are riding in and/or behind a boat, being pulled by a rope, while laying, kneeling, sitting, or standing on an object such as a board or tube. In addition, some of these activities require being strapped to the board e.g. – wakeboarding, water skiing, knee boarding, etc. As a result, the possibility exists that you may become physically injured by some of but not limited to the following: falling off the board or tube, getting hit by a board or tube, hitting the water, the rope, the boat and/or other boats
objects, debris, or animals in the water, a variety of other situations that may not be avoidable.
Important Information
- All of the activities offered at Lakeside Wake and Surf, LLC require some level of athletic ability and physical fitness. Please consult with a healthcare provider should you have concerns regarding your health and physical fitness prior to participating in activities offered by Lakeside Wake and Surf, LLC.
All customers are required to wear a Coast Guard approved life vest at all times while participating in a watersport activity. Shoes are not allowed on our boats, who needs them anyway – let’s get WET!
Spray-on sunscreen is not allowed on our boats,
our boats are equipped with Cool Touch Technology which provides a more comfortable experience on those hot summer days.
Spray-on sunscreen deteriorates the effectiveness of Cool Touch
ALWAYS:
- Follow instructions given by your instructor and ask if you have any questions. Inform instructors about any concerns that may affect your ability to follow instructions or perform a watersport or activity.
Wait for the instructor’s direction before getting into the water. Let the instructor know if you are uncomfortable when participating in a watersport or activity. Wear sunscreen & HAVE FUN!!!
NEVER:
- Stand or enter the water while a boat is running or in motion. Hang from any part of a boat. Swim under a boat. Wrap a tow rope around a body part.
Try to ride close to another object in the water.
Use alcohol or drugs before or during any participation in a watersport. Attempt maneuvers beyond your skill level.
WHILE PARTICIPATING IN WATERSPORTS YOU WILL MOST LIKELY FALL – IF AND WHEN YOU DO:
- Let go of the tow rope - don't worry - your instructor will bring it back to you. Don’t panic – your life vest will keep you afloat. Orient yourself with where you are in the water. Don’t worry about your board – it floats. Hold at least one hand high in the air and waive it so you will be easily seen by the instructor and other boaters.
AFTER READING THE ABOVE, if you would like to participate in any of the activities offered by Lakeside Wake and Surf, LLC please continue and read completely. A copy of this release may be provided upon request.
- By agreeing, you are assuming risks, waiving legal rights (including the right to sue), consenting on behalf of yourself and/or your child (if applicable), and agreeing to indemnify certain persons and/or entities. I, as the name listed on this Release and, (“Participant”) on behalf of myself, my heirs, assigns and next of kin, and in consideration of my participation in pleasure boating, swimming, wakeboarding, wakesurfing, water-skiing, tubing, knee boarding, or other watersport activities, lessons, clinics, or competitions involving the same, and the activities reasonably related thereto (collectively, the “Activities”) offered by Lakeside Wake and Surf, LLC, Ben Norton, or any other staff or driver or other affiliate of Lakeside Wake and Surf, LLC, acknowledge and agree that:
- My participation in the Activities involves substantial risk, including but not limited to bodily injury such as damage to muscles, bones, or ligaments; concussions; paralysis; dismemberment; temporary or permanent disability; and other bodily injury up to and including death; as well as loss of or damage to property.
- I HEREBY KNOWINGLY AND FREELY ASSUME ALL RISKS, known and unknown, related to my participation in the Activities with Lakeside Wake and Surf, LLC, including without limitation those risks described in this Release.
- I HEREBY WAIVE ANY AND ALL CLAIMS that I presently have or that I may have in the future against Lakeside Wake and Surf, LLC, including but not limited to claims of negligence, arising out of or in any way related to my participation in the Activities.
- I further RELEASE AND PROMISE TO HOLD HARMLESS Lakeside Wake and Surf, LLC, FROM ANY AND ALL LIABILITY and will not hold, or attempt to hold, Lakeside Wake and Surf, LLC, or any affiliate liable for any personal injury to myself or to any other person or for any property damage which results from my or my child’s participation in the Activities, whether or not such injury or property damage or loss is the result of the negligence of Lakeside Wake and Surf, LLC, or any affiliate. I will at all times during my participation in the Activities follow the instructions of Lakeside Wake and Surf, LLC and will further fully notify Lakeside Wake and Surf, LLC immediately of any personal injury or property damage of which I become aware. I am not currently under the influence of any alcohol or drugs (illicit or prescribed), and will not consume any alcohol or drugs (illicit or prescribed) during my participation in the Activities. By agreeing to this Release, I certify that I am in good health and physical condition, am able to swim, and do not have or suffer from any condition that would prevent my participation in the Activities including but not limited to epilepsy, fits, severe head injury, recurrent blackouts or giddiness, disease of the brain or nervous system, high blood pressure, lung or heart disease, recurrent weakness or dislocation of any limb, diabetes, mental illness, recent back injury, arthritis and severe joint sprains, chronic bronchitis, asthma, rheumatic fever, thyroid adrenal or other glandular disorder, recent blood donations, any condition that requires the regular use of drugs, or any form of COVID. I certify that I have no physical or mental condition that should preclude me from participating in the Activities, that I am not participating against medical advice or treatment, and that I have not been diagnosed by a registered doctor as having a terminal illness.
- MEDIA RELEASE. I hereby grant and convey to Lakeside Wake and Surf, LLC, all right, title, and interest I may have in any and all photographs, motion pictures, video recordings, or any other recordings made during or about the Activities, and Lakeside Wake and Surf, LLC shall have the right to exploit such recordings throughout the universe, and unlimited number of times, in perpetuity by any and all means and media, now known or hereinafter invented.
- MEDICAL EMERGENCIES. I hereby give permission to Lakeside Wake and Surf, LLC to contact emergency services for help, whether or not Lakeside Wake and Surf, LLC have contacted my emergency contact, and give permission to a licensed physician or other licensed medical provider to provide proper treatment, including but not limited to hospitalization, injection, anesthesia and/or surgery.
- I hereby RELEASE, WAIVE AND FOREVER DISCHARGE Lakeside Wake and Surf, LLC from any and all claims, liabilities, causes of action, damages, demands, judgements, executions, liens, and costs whatsoever in law or claims made against medical providers of emergency services under this authorization, or (ii) against Lakeside Wake and Surf, LLC for obtaining emergency medical services for me pursuant to this authorization and waiver.
This Release shall be binding upon and inure to the benefit of all persons or entities mentioned herein and their respective successors, heirs, and assigns.
- This Release shall be governed and construed under the laws of Texas without regard to any choice of law statute. In the event any provision of the Release shall be deemed unenforceable by a court, the parties hereto shall be bound by the remaining provisions. This Release contains the entire understanding of the parties and no additional promises, guarantees, or claims have been made with respect to the subject matter here.
I have reviewed and signed this Release prior to my participation in the Activities, have had ample opportunity to read it, understand its contents, asked question regarding the potential risks involved, and have, upon request, received a copy for my own record. I have not been provided any legal advice. If I have questions regarding the legal effect of this Release, I have been advised to consult my own attorney. Upon Participant agreement this Release shall take effect as a binding contract between said Participant and Lakeside Wake and Surf, LLC, Ben Norton, or any other staff or driver or other affiliate of Lakeside Wake and Surf, LLC and last for the entire year of ("year"). Record of said contract will be retained with Lakeside Wake and Surf, LLC until determined no longer needed.
- Participants under the age of 18 will require a parent or legal guardian to execute this Release.
- In addition to the provisions above, if despite this Release, the Participant or anyone on behalf of the Participant, makes a claim against any person or entity collectively referred to herein as Lakeside Wake and Surf, LLC that is in any way related to or arising out of the Participant’s participation in the Activities, you agree to indemnify, save, hold harmless, and defend the party or parties against whom a claim is made from any liability, loss, damage, or cost such party or parties may incur, including but not limited to litigation expenses and attorney fees, due to the claim made against such party or parties whether or not the claim is based on the negligence of the party or parties or otherwise.
