RELEASE OF LIABILITY, WAIVER OF CLAIMS, WARNING, ASSUMPTION OF RISK,
INDEMNITY, AND CONSENT TO MEDICAL TREATMENT/TRANSPORT AGREEMENT
READ CAREFULLY – THIS DOCUMENT AFFECTS YOUR LEGAL RIGHTS
BY SIGNING THIS AGREEMENT, YOU WILL WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE.
In partial consideration for my voluntary participation in boating, paddling, kayaking and/or jet skiing including, but not limited to,
driving, being a passenger, paddling, swimming, or any other activity related to any of the preceding, etc. (collectively, the “Activity”
or “Activities”) with Tahoe Lake Love or any employee, contractor, or agent of Tahoe Lake Love or any entity owned in whole or
in part by Tahoe Lake Love (collectively, “TLL”), I HEREBY VOLUNTARILY AGREE to the following:
“Agreement” means this “Release of Liability, Waiver of Claims, Warning, Assumption of Risk, Indemnity, and Consent to Medical
“Minor” or “Minor Participant” means the minor(s) participant(s) named below.
“Releasors” means all participants signing this Agreement, as well as all participants on behalf of whom any signatory below is
signing this Agreement, including, without limitation, Minor Participants.
I UNDERSTAND AND AGREE THAT THIS AGREEMENT WILL REMAIN IN EFFECT UNTIL REVOKED IN WRITING
BY ME AND SIGNED BY AN AUTHORIZED SIGNATORY OF TLL. I UNDERSTAND THAT THIS AGREEMENT WILL
APPLY EACH AND EVERY TIME I OR ANY RELEASOR ENGAGES IN AN ACTIVITY WITHOUT REQUIRING ME TO
SIGN AN ADDITIONAL AGREEMENT FOR EACH DAY, EACH MONTH, EACH YEAR, AND/OR EACH ACTIVITY.
Whenever “you”, “I”, “me”, or “we” is used in this Agreement, I am intending to include myself and all other Releasors without
having to restate that intent every time “you”, “I”, “me”, or “we” is used.
B. ACKNOWLEDGMENT OF RISKS AND CONSENT TO MEDICAL TREATMENT/TRANSPORT
I UNDERSTAND AND AGREE THAT PARTICIPATING IN THE ACTIVITIES CAN BE DANGEROUS AND
INVOLVES THE RISK OF PROPERTY DAMAGE, PERSONAL INJURY, SERIOUS BODILY INJURY, SERIOUS
PERMANENT DISABILITY, AND EVEN DEATH. By signing below, I EXPRESSLY AGREE TO ACCEPT ALL DANGERS
AND RISKS ASSOCIATED WITH THE ACTIVITIES, including those risks that are not expressly listed in this Agreement, and
including those risks that are both known and unknown to me, whether or not they are inherent risks. RECOGNIZING AND
ACCEPTING THE RISKS, I VOLUNTARILY CHOOSE TO PARTICIPATE IN THE ACTIVITY(IES). I EXPRESSLY
ASSUME ANY AND ALL RISK OF PROPERTY DAMAGE, INJURY, AND/OR DEATH associated with my or a Releasors
participation in the Activities.
I AGREE THAT TLL MAY CALL FOR MEDICAL CARE FOR ME AND MAY TRANSPORT ME TO A MEDICAL FACILITY
OR HOSPITAL, AND I CONSENT TO TLL PROVIDING ME WITH EMERGENCY CARE, IF, IN TLL’S SOLE OPINION,
MEDICAL ATTENTION IS NEEDED. IN SUCH AN EVENT, I AGREE TO PAY ALL COSTS ASSOCIATED WITH SUCH
MEDICAL CARE AND/OR TRANSPORTATION.
C. ASSUMPTION OF RISK, WAIVER, RELEASE, AGREEMENT NOT TO SUE, AND INDEMNIFICATION
In partial consideration for TLL allowing me to participate in the Activities, and with knowledge of the risks and dangers involved,
I, on my own behalf and on behalf of all Releasors, AGREE to: (1) ASSUME ANY AND ALL RISK OF PROPERTY
DAMAGE, INJURY, AND/OR DEATH to me while engaged in, or as a result of participating in, the Activities; (2) WAIVE,
RELEASE, AND NOT SUE, MAKE ANY CLAIM, OR FILE ANY ACTIONS against TLL, including any of their owners,
trustees, operators, parents, subsidiaries, affiliates, officers, directors, shareholders, members, managers, employees, contractors,
volunteers, staff, agents, and representatives and other personnel, carriers, and insurers (collectively, the “Released Parties”) that are
based on, arise or result from, in whole or in part, or are related to, participation in the Activities, presence at TLL’s property, and,
without limitation, claims arising out of, related to, or resulting from ALLEGED OR ACTUAL NEGLIGENCE, BREACH OF ANY
STATUTORY DUTY, where legally permissible, BREACH OF CONTRACT, OR BREACH OF WARRANTY by any of the
Released Parties; (3) INDEMNIFY, DEFEND, AND HOLD THE RELEASED PARTIES HARMLESS from any and all claims,
demands, actions, causes of action, losses, or liabilities whatsoever arising from or related to any Activity, and any loss, damage, or
injury, including death, that may be sustained by me, or caused to others or their property by me, or brought by me. I AGREE to
pay all costs, including reasonable attorneys’ fees and disbursements, incurred by any Released Party in defending an investigation,
claim, and/or suit brought on my behalf as a result of my participation in the Activities. I UNDERSTAND AND AGREE that by
accepting this Agreement on behalf of any person other than myself, I am representing and warranting that I am legally authorized
to execute this Agreement as either the parent or legal guardian of that person and/or Minor Participant(s), or that I have been given
the express authority and permission from that other person to accept the terms and conditions of this Agreement on each of their
behaves, and I FURTHER UNDERSTAND that by doing so I AGREE to PERSONALLY INDEMNIFY, HOLD HARMLESS,
AND DEFEND the Released Parties from and against any and all claims brought by or on behalf of the Minor Participant(s), or any
person on whose behalf I have executed this Agreement, should they attempt to refuse to accept or carry out the terms and conditions
of this Agreement.
D. STANDARD TERMS & CONDITIONS
This Agreement contains the entire agreement concerning the subject matter of this Agreement and supersedes any prior written
and/or oral agreements. The provisions of this Agreement cannot be waived, altered, amended, modified, revoked, or terminated, in
whole or in part, without a subsequent written agreement specifically referring to this Agreement and signed by both parties. This
Agreement shall stay in full force and effect until revoked, and this Agreement will inure to the benefit of and be binding on my
heirs, personal representatives, assigns, and other successors in interest. This Agreement shall be construed, interpreted, and enforced
in accordance with, and governed by, the laws of the State of California, except that this Agreement will not be construed in favor
of or against either party, but in a manner that is fair to both parties, and without regard to conflicts of law principles. I AGREE
THAT IF I HAVE A DISPUTE, CLAIM, OR ANY OTHER CAUSE OF ACTION WITH OR AGAINST TLL, I WILL USE MY
BEST EFFORTS TO ATTEMPT TO MEDIATE THE DISPUTE. IF MEDIATION IS ULTIMATELY UNSUCCESSFUL, I
HEREBY AGREE TO BINDING ARBITRATION. I HEREBY VOLUNTARILY AND IRREVOCABLY WAIVE ALL RIGHT
TO A TRIAL BY JURY IN CONNECTION WITH ANY AND ALL CLAIMS ARISING FROM OR RELATED TO ANY
ACTIVITY, INCLUDING FOR INJURY TO PERSON OR PROPERTY AND/OR DEATH. I FURTHER AGREE THAT TLL’S
TOTALLY AGGREGATE LIABILITY TO ALL RELEASORS COVERED BY THIS AGREEMENT FOR ANY CLAIM NOT
RELEASED OR COVERED BY THIS AGREEMENT SHALL BE LIMITED TO THE TOTAL FUNDS PAID TO TLL BY THE
RELEASORS IN THE TWELVE (12) MONTHS IMMEDIATELY PRIOR TO THE DATE THE DISPUTE, CLAIM, OR ANY
OTHER CAUSE OF ACTION AROSE.
If any term of this Agreement is to any extent illegal, otherwise invalid, or incapable of being enforced, such term shall be excluded
to the extent of such invalidity or unenforceability. All other terms shall remain in full force and effect, and, to the extent permitted
and possible, the invalid or unenforceable term shall be deemed replaced by a term that is valid and enforceable and that comes
closest to expressing the intention of such invalid or unenforceable term.
By signing this Agreement, I, under penalty of fraud, REPRESENT that I am at least 18 years of age, or that I am under 18 years
of age and expressly authorize my parent and/or guardian to execute this Agreement on my behalf, and that I am mentally sound and
have capacity to enter in this Agreement, and that I enter into this Agreement of my own free will and accord, voluntarily, without
coercion, duress, or undue influence from any source.
Participants under the age of 18 years are required to have a parent or legal guardian read and sign this Agreement.
I ACKNOWLEDGE that I have had an opportunity to review this Agreement with independent legal counsel and have exercised
that right to the extent deemed necessary. I FURTHER ACKNOWLEDGE that I enter into this Agreement of my own free will
and accord, voluntarily, without coercion, duress, or undue influence from any source. Therefore, I AGREE to be bound by the
terms of this Agreement. This Agreement shall be binding to the fullest extent permitted by law and shall be binding upon my
assignees, subrogors, distributors, heirs, next of kin, executors, and personal representatives.
I HAVE CAREFULLY READ THIS ENTIRE AGREEMENT, UNDERSTAND ITS CONTENTS, AND I AM AWARE THAT
BY SIGNING THIS AGREEMENT I AM VOLUNTARILY WAIVING CERTAIN LEGAL RIGHTS WHICH I OR MY HEIRS,
NEXT OF KIN, EXECUTORS, SUBROGORS, DISTRIBUTORS, ADMINISTRATORS, ASSIGNS AND REPRESENTATIVES
MAY HAVE AGAINST THE RELEASED PARTIES, AND THAT I AM PHYSICALLY FIT AND SUFFICIENTLY TRAINED
TO PARTICIPATE IN THE ACTIVITIES AND MY PARTICIPATION IN THE ACTIVITIES IS VOLUNTARY. BY SIGNING
BELOW, I WARRANT THAT I HAVE THE AUTHORITY AND EXPRESS CONSENT TO SIGN THIS AGREEMENT ON MY
OWN BEHALF AND ON BEHALF OF ALL OTHER RELEASORS.
PLEASE COMPLETE THE FOLLOWING INFORMATION (Participant):