DBA Tigé Boats
ASSUMPTION OF RISK AND RELEASE AGREEMENT

Read Carefully. This is a release of liability and waiver of legal rights.

1. Definitions. The person who is participating in boating, waterskiing, wakeboarding, wake surfing, stand up paddle boarding, tubing, or any other water sport; or using the equipment of Tigé Boats shall be referred to hereinafter as “Participant”. The “Undersigned” means only the Participant when the Participant is age 18 or older OR it means both the Participant and the Participant’s parent or legal guardian when the Participant is under the age of 18. “Released Parties” mean Tigé Boats and its successors in interest, affiliated organizations and companies, insurance carriers, agents, employees, representatives, assignees, officers, directors, members, and shareholders, the participating dealer hosting this event, the venue and/or property owner of the event location, and any pro riders or brand ambassadors hosted by Tigé Boats, together with their respective owners, employees, agents, and representatives. The “Activity” means taking part in boating, waterskiing, wakeboarding, wake surfing, stand up paddle boarding, tubing, or any other water sport; or using the equipment or facilities of Released Parties for any purpose.

2. Risks of Activity. The Undersigned agree and understand that taking part in the Activity can be HAZARDOUS AND INVOLVES THE RISK OF PHYSICAL INJURY AND/OR DEATH. The Undersigned acknowledge that the Activity is inherently dangerous and fully realize the dangers of participating in the Activity. The risks and dangers of the activity include, but are not limited to: water flow; tides; currents; wave action; wakes; propellers; collisions with other participants, watercraft and other manmade or natural objects; weather conditions; lightning; capsizing; sinking; exposure to elements; drowning; marine life; equipment failure and/or defects; carbon monoxide; slips; falls; operator error; mental distress from exposure to any of the above; improper instruction or supervision; boat operator error; and negligence of others.

THE UNDERSIGNED ACKNOWLEDGE THAT THE DESCRIPTION OF THE DANGERS AND RISKS LISTED ABOVE IS NOT COMPLETE AND THAT PARTICIPATING IN THE ACTIVITY MAY BE DANGEROUS AND MAY INCLUDE OTHER RISKS, INCLUDING, BUT NOT LIMITED TO THE ACTS, OMISSIONS, REPRESENTATIONS, CARELESSNESS, AND NEGLIGENCE OF THE RELEASED PARTIES. RECOGNIZING THE RISKS AND DANGERS, THE UNDERSIGNED UNDERSTAND THE NATURE OF THE ACTIVITY AND VOLUNTARILY CHOOSE FOR PARTICIPANT TO PARTICIPATE IN AND EXPRESSLY ASSUME ALL RISKS AND DANGERS OF THE PARTICIPATION IN THE ACTIVITY, WHETHER OR NOT DESCRIBED ABOVE, KNOWN OR UNKNOWN, INHERENT, OR OTHERWISE.

3. Duties of Participant. The Participant assumes the responsibility of maintaining control at all times while engaging in the Activity. Participant is responsible for reading, understanding and complying with all signage and labels. Participant acknowledges that he/she has the physical dexterity and knowledge to safely engage in the Activity.

4. Release and Indemnification. In consideration of the Participant being permitted to participate in the Activity or use the equipment or Facilities of the Released Parties, the Undersigned (a) unconditionally release, forever discharge, and agree not to sue the Released Parties from and for any claims or causes of action for any liability or loss of any nature, including personal injury, death, and property damage, arising out of or relating to Participant’s participation in the Activity, including, but not limited to claims of negligence, breach of warranty, and/or breach of contract the Undersigned may or will have against the Released Parties; and (b) agree to indemnify, defend, and hold harmless the Released Parties from and against any liability or damage of any kind and from any suits, claims or demands, including legal fees and expenses whether or not in litigation, arising out of, or related to, Participant’s participation in the Activity.

5. Minor Acknowledgment. By signing this Agreement without a parent or legal guardian’s signature, Participant, under penalty of fraud, represents that he/she is at least 18 years of age. If signing as the parent or guardian of a minor Participant, signing adults represent that they are a legal parent or guardian of the minor Participant.

6. Medical Care. Undersigned authorize the Released Parties to call for medical care for Participant or to transport Participant to a medical facility or hospital if, in their opinion, medical attention is needed. Undersigned agree to pay all costs associated with such medical care and related transportation.

7. Photography. I hereby consent to and authorize the use and reproduction by Tigé Boats and its participating dealers of any and all photographs and any other audiovisual materials taken of me or my son/daughter for promotional printed material, educational activities or for any other use for the benefit of Tigé Boats or the participating dealer.

8. Miscellaneous. The Undersigned agree: (a) Participant will not engage in any activities prohibited by any applicable laws, statutes, regulations and ordinances; (b) this Agreement shall be governed by the laws of the State of Texas, and any action arising under or relating to this Agreement shall be brought exclusively in the state or federal courts located in Taylor County, Texas; (c) if any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

I HAVE CAREFULLY READ THIS AGREEMENT AND UNDERSTAND ITS CONTENTS. I AM AWARE THAT I AM RELEASING LEGAL RIGHTS THAT OTHERWISE MAY EXIST. I AM ALSO AWARE I AM RESPONSIBLE FOR ANY DAMAGE OR LOSS OF EQUIPMENT.