PARASAIL LIABILITY WAIVER
PARTICIPANT AGREEMENT, RELEASE AND ASSUMPTION OF RISK
In consideration of the services of Parasail Lake Tahoe, Inc., their agents, owners, officers, volunteers, participants, employees, and all other persons or entities acting in any capacity on their behalf (hereinafter collectively referred to as "PLT"), I hereby agree to release, indemnify, and discharge PLT, on behalf of myself, my spouse, my children, my parents, my heirs, assigns, personal representative and estate as follows:
I acknowledge that my participation in parasailing and boating 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; being struck by the equipment on take-off and landing; the forces of nature, including extremes of weather, lightning and rapid weather changes, exposure to sun, strong wind, cold, large waves, eddies and whirlpools, tidal conditions, surf and currents; the risk of collision with objects or other watercraft; crashing; the risk of boat capsize and entrapment; the risk of prolonged exposure to cold water, hypothermia, cold water shock; accidental drowning; sunburn, dehydration, heat exhaustion, heat stroke, and heat cramps; the risk of exposure to insect bites; aggressive and/or poisonous marine life; travel in remote areas; illness in remote areas; wrist, arm, shoulder, and/or back injuries; my own physical condition; and the physical exertion associated with these activities.
Furthermore, PLT employees have difficult jobs to perform. They seek safety, but they are not infallible.
They might be unaware of a participant's fitness or abilities. They might misjudge the weather or other environmental conditions. They may give incomplete warnings or instructions, and the equipment being used might malfunction.
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. I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless PLT from any and all claims, demands, or causes of action, which are in any way connected with my participation in this activity or my use of PLT 's equipment or facilities, including any such claims which allege negligent acts or omissions of PLT.
4. Should PLT 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 PLT, I agree to do so solely in the state of California, 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.
7. I understand and agree that any payment made will be forfeited if I fail to show up for my Parasail Lake Tahoe Reservation.
Notice of Claims and Time Limits for Legal Action:
Claims for Injury, Illness or Death: In cases involving claims for Emotional Harm, bodily injury, illness to or death of any Customer or his/her guests, no lawsuit may be brought against WILLIAMS SPORTS RETALS, INC. (“Company”), including but not limited to its agents and/or employees, unless (1) written notice giving full particulars of the claim is delivered to the Company within 6 months from the date of the Emotional Harm, bodily injury, illness or death, (2) a lawsuit on such a claim is filed within 1 year from the date of the injury, illness or death in the Superior Court of California for the County of El Dorado and (3) valid service of the lawsuit is made within 90 days of filing the complaint. All Other Claims: No claim of any kind, including without limitation alleged violations of civil rights, discrimination, consumer or privacy laws, or other statutory, constitutional or legal rights, or for any losses, damages or expenses relating to or in any way arising out of or connected with this rental agreement or customer’s engagement of the Company, other than for emotional or bodily injury, illness or death of any Customer, including his or her guests, shall be brought against Company unless (1) written notice giving full particulars of the claim is delivered to the Company within 15 days of the actual or scheduled termination date of the rental period, whichever occurs first as specified in connection with this Contract, (2) legal action on such claim is commenced within 1 year from such scheduled termination date in the Superior Court of California for the County of El Dorado, and (3) valid notice or service of any such action is effected upon the Company within 90 days after commencement of the action.
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 PLT on the basis of any claim from which I have released them herein.
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.