ASSUMPTION OF RISK AND RELEASE AGREEMENT
DBA Tigé Boats. Read Carefully. This is a release of liability and waiver of legal rights.
1. Definitions
The person participating in boating, waterskiing, wakeboarding, wake surfing, stand-up paddleboarding, tubing, or any other water sport, or using the equipment of Tigé Boats, shall be referred to as "Participant." "Undersigned" means only the Participant when age 18 or older, OR both the Participant and their parent or legal guardian when under age 18. "Released Parties" means Tigé Boats and its successors in interest, affiliated organizations and companies, insurance carriers, agents, employees, representatives, assignees, officers, directors, members, and shareholders. "Activity" means taking part in boating, waterskiing, wakeboarding, wake surfing, stand-up paddleboarding, 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. Risks 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; 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; 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 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.
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.
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.