2019 WAIVER, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT
PLEASE READ CAREFULLY
** WARNING: BY SIGNING THIS AGREEMENT, YOU GIVE UP THE RIGHT TO SUE FOR ANY INJURY OR DAMAGES HOWSOEVER CAUSED * *
To The Lakes at KastynStone, Rick & Marsha Alsip, (hereinafter referred to collectively as "The Company") and employees, representatives, officers and agents (hereinafter referred to collectively as "The Company Employees"),
I hereby sign this agreement on behalf of myself, my personal representatives, heirs and assigns.
1. I agree as a precondition to my participation in water skiing, wakeboarding, and/or related activities organized by the "The Company" and conducted by "The Company" and/or "the Company's employees", and in further consideration of the "Company" allowing me to do so, to be strictly bound by the terms of this Waiver, Assumption of Risk and Indemnity Agreement (hereinafter referred to as "The Agreement").
2. I acknowledge that water-skiing, wakeboarding and related water activities involve INHERENTRISKS that may cause SERIOUS INJURY AND POSSIBLY DEATH TO PARTICIPANTS. I further recognize that the nature of this facility involves ADDITIONAL RISKS AND DANGERS.
3. I fully understand the risks and dangers associated with my participation in this activity and ACCEPT THE SAME ENTIRELY AT MY OWN RISK.
4. I hereby WAIVE ANY AND ALL CLAIMS which I may have against "The Company" and "The Company Employees" and RELEASE "The Company AND EMPLOYEES from ALL LIABILITY for injury, death, property damage or any other loss sustained by me as a result of my participation in this activity, DUE TO ANY CAUSE WHATSOEVER including, without limitation, negligence on the part of the "The Company" or "The Company Employees". I further AGREE TO INDEMNIFY 'The Company" and "The Company Employees" for any and all legal fees (on a solicitor and his own client basis) or costs which may be incurred in defending any lawsuit or claim I may bring against them.
5. I appreciate that This Agreement applies whether "The Company" is as fault or not and it limits the liability of "The Company Employees" to the same extent as it limits the liability of "The Company" even though "The Company Employees" are not formal parties to This Agreement. I understand that "The Company", in securing execution of This Agreement by myself, is acting as agent or trustee on behalf of or for the benefit of "The Company Employees", who shall to this extent be or be deemed to be parties to This Agreement.
I HAVE READ AND UNDERSTAND THIS AGREEMENT. I UNDERSTAND THAT THIS DOCUMENT CONTAINS A PROMISE NOT TO SUE "THE COMPANY" OR "THE COMPANY EMPLOYEES" AND A RELEASE AND INDEMNITY FOR ALL CLAIMS.
2019 PREDATOR BAY MEMBER-LANDOWNER RULES
As a member of the Predator Bay Water Ski Club, I agree to abide by the following Landowner rules. These rules were developed to be respectful of the club’s Landowner agreement. Failure to comply with these rules, can result in having my membership privileges revoked.
1) NO DOGS
I agree to NOT bring dogs to the ski site under any circumstances. This includes, leaving them IN a car on site. Absolutely NO DOGS.
2) NO ALCOHOL
I agree to not consume alcohol on the ski site. I understand this imposes an undue liability on the club and the landowner and agree to NO ALCOHOL on site.
3) NO MARIJUANA
Although marijuana is legal in Canada as of 2018, I agree to not consume, use marijuana on the ski site. I understand this imposes an undue liability on the club and the landowner and agree to NO MARIJUANA on site.
4) NO LOITERING
I agree to limit my time at the ski site to ONLY the posted hours of operation. I will not loiter or trespass on the property before or after the posted time frames without the EXPLICIT permission of the executive.
5) NO FISHING
I agree that I will not fish on the ski site.
6) HOURS OF OPERATION
The 2019 season will be as follows:
Club Opens: May 1st (weather permitting and lake water levels)
Club Closes: September 15th
The hours of operation are:
Monday to Friday 8:00am to 9:00pm
Saturdays 9:00am to 9:00pm
Sundays 12:00pm to 6:00pm
I agree that I will not be at the site on Sunday mornings for any reason, boat maintenance, site maintenance, training or any reason at all. I will not show up to the site on Sundays until noon. No exceptions.
7) COMPLAINT PROCESS
I agree to direct ALL my complaints regarding the club to one of the club executive members. I will not contact the landowner directly or involve him in any complaint process.
I agree to ensure that any guests I bring to the site are 100% my responsibility and they are required to abide by the same rules as the members.
This agreement must be signed by a member and will be supplied to the landowner in order to be allowed to ski.