ASSUMPTION OF RISK AND INDEMNITY AGREEMENT FOR GUESTS OF MEMBERS AT FAIRFORD WATERSKI CLUB LTD (FWSC Ltd)
In consideration of permitting my guest to participate in the water sports activity conducted FWSC Ltd I, for myself and on behalf of my guest, my personal representatives, heirs and next of kin do the following
1. I understand that water sports in all its forms is an inherently dangerous activity and a bodily contact sport; and I knowingly and voluntarily assume all risks inherent thereto, including but not limited to the risk of drowning, of striking submerged, floating, or fixed objects including the lake bottom, shoreline, buoys and anchor lines, docks, reeds, debris of all types, the risk of striking or being struck by tow boats or other boats and associated equipment such as skis and ropes, the risk of equipment failure, and all other unspecified risks. While safety procedures and personal discipline will minimize this risk, the risk of serious injury and/or death does exist.
2. I fully understand and acknowledge that: (a) risks and dangers exist in my guest’s participation in water sports; (b) my guest’s participation in water sports related activities may result in injury, or damage to personal property, including the potential for permanent disability and death; (c) these risks and dangers may be caused by the boat operator, FWSC Ltd staff members or other participants, or by accidents, or by forces of nature or other causes. Risks and dangers may arise from foreseeable and unforeseeable causes including but not limited to:
Weather conditions, and such other risks, hazards and dangers that are integral to recreational activities that take place in an outdoor or recreational lake environment.
3. I understand that the activity of water sports is physically and mentally intense. I have instructed my guest in the importance of knowing and adhering by the rules, regulations and procedures established for the safety of water sports at FWSC.
To do so:
4. I hereby release, waive and discharge FWSC Ltd, its shareholders, directors, officers, employees and agents (the releasees) from all liability to myself or my guest, my personal representatives, all assigns, heirs, and next of kin for any and all loss or damage, and any claim or demands therefore on account of injury and/or death to my guest and/or property damage, now and forever, arising out of or related to participation and/or instruction in said activities or any other related to water sports operations that may occur.
5. I hereby assume full responsibility for any risk of bodily injury, death or property damage, now and forever, arising out of or related to participation and/ or instruction in said activities or any related water sports operations, whether foreseen or unforeseen . I hereby separately agree to indemnify and save and hold harmless the Releasees from any loss, liability, damage or cost that they may incur, now and forever, arising out of or related to my guest’s participation and/or instruction in said activities, or any other related water sports activity.
6. I hereby acknowledge that this Waiver and Release of Liability, Assumption of Risk and Indemnity Agreement extends to all acts and is intended to be as broad and inclusive as permitted by the UK laws.
7. I have read this Waiver and Release of Liability, Assumption of Risk and Indemnity Agreement, fully understand its terms, understand that I have given up substantial rights by signing it, am aware of its legal consequences, and have signed it freely and voluntarily without any inducement, assurance, or guarantee being made to me or my guest and intend my signature to be a complete and unconditional release of all liability to the greatest extent allowed by law.
8. I hereby certify that I, or parent/guardian with legal responsibility for this participant accept responsibility of any consequential harm which may arise from participating at FWSC Ltd.