ACKNOWLEDGEMENT OF RISK ASSUMPTION OF RISK AND REPONSIBILITY AND RELEASE OF LIABILITY

WARNING: There are significant elements of risk in my adventure, sport or activity associated with the outdoors, and/or the use or presence of motorized watercraft, including but not limited to jet skis, wave jets, boats,(referred to herein as “activity”) and the use of any related equipment.

ACKNOWLEDGEMENT OF RISK: I realize that there are inherent dangers in this activity including, but not limited to, the following: 1) Collision with other participants, any portion of craft or other watercraft, man made or natural objects; 2) Inclement weather, lightning, variances and extremes of wind, weather and temperature; 3) My sense of balance, physical coordination, ability to operate equipment, swim and/or follow directions; 4) Collision, capsizing, sinking or other hazard which results in wetness, injury, exposure to the elements, hypothermia, and/or drowning; 5) Getting in or out of the craft; 6) Travel to or from the activity; 7) The presence of insects and marine life forms; 8) Equipment failure or operator error.

I ACKNOWLEDGE that I may suffer accidents or illnesses in remote places where there are no available medical facilities. I realize that personal property may be lost or damaged; that certain foreseeable events can contribute to the unpredictability of the risk, dangers and hazards of the activity; and that I should ask about other potential risk, dangers and hazards, and recommended precautions and procedures. I agree to wear a U.S. Coast Guard approved flotation device (life jacket/ski vest) while participating in the activity. This is a basic safety precaution and is required.

EXPRESS ASSUMPTION OF RISK AND RESPONSIBILITY: In recognition of the inherent risk of the activity which I and any minor children for which I am responsible will engage in, I confirm that I am/we are physically and mentally capable of participating in the activity and using the equipment.  I/We participate willingly and voluntarily. I assume full responsibility for personal injury, accidents or illness (including death), and any related expense. I assume all responsibility for damage to or loss of my/our personal property as the result of any accident that may occur. I assume the risk(s) of personal injury, accidents and/or illness, including, but not limited to: sprains, torn muscles and/or ligaments; fractured or broken bones; eye damage; cuts, wounds, scraps, abrasions, and/or contusions; dehydration, drowning, oxygen shortage (anoxia), and/or exposure; head, neck, and/or spinal injuries; bite or attack by animal, insect, or marine life; allergic reaction; shock, paralysis or death. I acknowledge that if during the activity, I/we experience fatigue, chill and/or dizziness, my/our reaction time man be diminished and the risk of accident increased.

COVENANT OF GOOD FAITH: I recognize that you, as providers of services, will operate under covenant of good faith and fair dealing, but that you may find it necessary to terminate an activity due to forces of nature, medical necessities, or other problems; and/or you may refuse or terminate the participation of any person you judge to be incapable of meeting the rigors or requirements of participating in the activity. I accept your right to take such actions for the safety of myself and/or other participants.

AUTHORIZATION:  I hereby authorize any medical treatment deemed necessary in the event of an injury while participating in the activity I either have appropriate health insurance or in its absence, agree to pay all cost of rescue and/or medical services as may be incurred on my behalf. I further agree that any film or photographs of me/us, as participants, becomes your property and may be used for promotion or commercial purposes.

RELEASE: In consideration of services or property provided, I, for myself and any minor children for which I am parent, legal guardian, or otherwise responsible, and heirs, personal representatives or assigns, do hereby release: Orlando Water Fun LLC. Its principals, directors, officers, agents employees, and volunteers, and each and every land owner, municipal and/or government agency upon whose property an activity is conducted, from all liability and waive any claim for damages arising from any cause whatsoever (except that which is the result of wanton misconduct)

I HAVE READ THE FOREGOING ACKNOWLEDGEMENT OF RISK, ASSUMPTIONS OF RISK AND RESPONSIBILITY, AND RELEASE OF LIABILITY. I UNDERSTAND THAT BY SIGNING THIS DOCUMENT, I MAY BE WAIVING VALUABLE LEGAL RIGHTS.