Digital Liability Waiver for Watersports

TARZAN &TOYS WATERSPORTS LIABILITY RELEASE

PLEASE READ CAREFULLY BEFORE SIGNING.
THIS IS A RELEASE OF LIABILITY AND WAIVER OF CERTAIN LEGAL RIGHTS.

BY CHECKING THE BOXES BELOW YOU AGREE TO AND ACKNOWLEDGE EACH OF THE ITEMS LISTED.

I acknowledge that use of Tarzan Boat and TRIAK SB ( also referred to as “ACTIVITIES” ) may be hazardous and involves a risk of physical injury or death. I assume all risks associated with the Activities including, but not limited to, varying water conditions, obstacles, and boats, other water users, natural and man made objects, varying weather conditions, as well as varying depth and currents. I acknowledge that use of Tarzan Boat and TRIAKsb may involve serious personal injury or even death. I hereby recognize and assume those risks. * Please check it here.

RELEASE OF LIABILITY: Despite all known and unknown risks, I hereby expressly and voluntarily remise, release, acquit, satisfy and forever discharge TARZAN & TOYS WATERPORTS, LLC, their agents, owners, officers, volunteers, participants, employees, and all other persons or entities acting in any capacity on their behalf (collectively referred to as "TARZAN & TOYS") and agree to hold it harmless of and from all, and all manner of action and actions or omission(s), cause and cause of action, suits, debts, dues, sums of money, accounts, reckonings, bonds, bills, specialties covenants, contracts, controversies, agreements, promises, variances, trespasses, damages, judgments, executions, claims and demands whatsoever, in law or in equity, including, but not limited to, any and all claims which allege negligent acts and/or omissions, gross negligence, or willful misconduct committed by TARZAN & TOYS, whether the action arises out of any damage, loss, personal injury, or death to me or my child(ren)/ward(s), while participating in or as a result of participating in any of the ACTIVITIES. This Release of Liability is effective and valid regardless of whether the damage, loss or death is a result of any act or omission on the part of TARZAN & TOYS. * Please check it here.

ASSUMPTION OF RISK: I fully understand and acknowledge that risks and dangers, both foreseeable and unforeseeable, exist in the participation of the ACTIVITIES. By my participation, or the participation of my child(ren)/ward(s), in the ACTIVITIES, I hereby assume all risks and dangers and all responsibility for any and all injuries, losses and/or damages, whether caused in whole or in party by the negligence, and/or omissions, gross negligence, or willful misconduct or other conduct of the TARZAN & TOYS or by any!other person or entity. * Please check it here.

INDEMNIFICATION: I hereby agree to indemnify and hold harmless TARZAN & TOYS from and against any and all losses, liabilities, claims, obligations, costs, damages and/or expenses whatsoever paid, incurred and/or suffered by TARZAN & TOYS, including, but not limited to, any and all attorneys' fees, costs, damages and/or judgments TARZAN & TOYS incurs in the event that I or my minor child(ren)/ward(s) cause any injury, damage and/or harm to TARZAN & TOYS and/or any and all other persons and entities acting in any capacity on behalf of TARZAN & TOYS. To the extent that my child(ren) or anyone on behalf of whom I am signing this release, makes any claim against TARZAN & TOYS, I agree to indemnify and hold TARZAN & TOYS harmless for any and all expenses, judgments, attorney’s fees or other costs associated with or incurred as a result of such claim. * Please check it here.

PHOTO RELEASE: I hereby grant TARZAN & TOYS on behalf of myself, my spouse and on behalf of my child(ren)/ward(s), the irrevocable right and permission to photograph and/or record me, my spouse or my child(ren)/ward(s) in connection with TARZAN & TOYS and to use the photograph and/or recording for all purposes, including advertising and promotional purposes, in any manner and all media now or hereafter known, in perpetuity throughout the world, without restriction as to alteration. I waive any right to inspect or approve the use of the photograph. Please check it here.

ATTORNEYS' FEES: I promise to indemnify TARZAN & TOYS for any attorneys' fees and/or costs incurred to enforce this! agreement, including all costs associated with any collection efforts. Further, should any debt and/or judgment accrue in favor of TARZAN & TOYS, pre-judgment and post-judgment interest shall accrue thereon at the highest rate allowed by law. * Please check it here.

COVENANT NOT TO SUE: I promise not to initiate any legal proceedings against Tarzan & Toys for any claim covered by this release. * Please check it here.

NO ALCOHOL: I am not under the influence of alcohol and I have not consumed alcohol within the last 12 hours. * Please check it here.

By signing this document, I understand that I may be found by a court of law to have forever waived my and my spouse and/or
child(ren)/ward(s) right to maintain any action against TARZAN & TOYS on the basis of any claim from which I have released TARZAN & TOYS and any released party herein and that I have assumed all risk of damage, loss, personal injury, or death to myself, my spouse and/or my minor child(ren)/ward(s) and agreed to indemnify and hold harmless TARZAN & TOYS from and against any and all losses, liabilities, claims, obligations, costs, damages and/or expenses whatsoever paid, incurred and/or suffered by TARZAN & TOYS as a result of the participation in ACTIVITIES in or about the facility by myself, my spouse and/or child(ren)/ward(s) and/or claims asserted by myself, my spouse and/or child(ren)/ward(s) against TARZAN & TOYS related to such participation in ACTIVITIES. I have had a !reasonable and sufficient opportunity to read and understand this entire document and consult with legal counsel, or have voluntarily waived my right to do so. I knowingly and voluntarily agree to be bound by all terms and conditions set forth herein.

You MUST be 18 years old or older to sign your own waiver
You MUST be the Parent or Legal Guardian to sign for a minor (under age 18)
Enter Adult Full Name and Date of Birth (If under age 18, it must be completed by Parent/Legal Guardian)

First and last name: * Please enter your name.

Date of birth: *

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