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Privacy Policy & Waiver form

ProWakeLA Inc.

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Acknowledgment and Acceptance of Risks (For Adults and Minors)

I, or we if signing on behalf of a minor, the undersigned, acknowledge and fully understand that participation in activities offered by ProWakeLA Inc., including but not limited to water skiing, wakeboarding, wakesurfing, and riding on towed inflatables, involves inherent risks, dangers, and hazards that may result in serious injury, permanent disability, or death. These risks may include, but are not limited to: impact with water, equipment failure, collisions with other participants or objects, exposure to varying water and weather conditions, and the unpredictable nature of open water activities.

I/We further acknowledge and agree that:

  • Participation in these activities and use of ProWakeLA Inc.’s equipment and facilities is entirely voluntary and undertaken at my/our own risk and responsibility;
  • I/We are completely aware of and accept the risks and hazards inherent in the use of water ski, wakeboard, wakesurf, and inflatable towing equipment, as well as the use of ProWakeLA Inc.’s premises and facilities;
  • If signing on behalf of a minor, I/we affirm that I/we are the parent(s) or legal guardian(s) of the minor participant(s), and that I/we have the legal authority to execute this agreement on their behalf. I/we voluntarily assume all risks associated with the minor’s participation in these activities.

Release and Waiver of Liability

NOW, THEREFORE, in consideration for being permitted to use the services, equipment, and facilities of ProWakeLA Inc., whether with or without charge, each of the undersigned, individually and/or on behalf of his or her spouse, child, or legal ward, hereby:

Fully and forever releases, discharges, and covenants not to sue ProWakeLA Inc.; the County of Los Angeles Department of Parks and Recreation; the Castaic Lake State Recreation Area; and/or any of their respective officers, agents, employees, servants, and representatives from any and all liability, claims, demands, actions, or causes of action whatsoever arising out of or related to any loss, damage, or injury, including fatal injury, that may be sustained while using, participating in, or observing any activity conducted by or associated with ProWakeLA Inc.

This release applies whether such loss or injury is caused by:

  • The negligence of ProWakeLA Inc. or its agents, employees, or representatives;
  • The failure or malfunction of any equipment;

Or any other cause, including but not limited to interactions with wildlife in or out of the water.

Binding Effect and Acknowledgment

This release shall be binding upon myself, my spouse, heirs, legal representatives, next of kin, executors, and administrators.

By signing this release, each of the undersigned acknowledges and affirms that:

  • He/she has carefully read and fully understands the terms of this Release and Waiver of Liability;
  • He/she is signing it voluntarily and without coercion;
  • He/she is at least eighteen (18) years of age and of sound mind;
  • He/she is not under the influence of alcohol or drugs and is legally sober at the time of signing;
  • He/she agrees to follow all instructions given by ProWakeLA Inc. personnel while on the premises or participating in activities;

 

He/she is in good physical and mental health and suffers from no condition or disability that would impair his/her ability to safely participate in water skiing, wakeboarding, wakesurfing, tubing, or towing activities.

Additional Acknowledgments, Safety Rules, and Media Release

  • I understand and agree that all participants are required to wear a U.S. Coast Guard–approved life vest while inside the boat at all times.
  • I acknowledge that watersports and related activities, including but not limited to wakeboarding, waterskiing, kneeboarding, wakesurfing, and tubing, are inherently dangerous and involve significant risk of injury or death. These risks include, but are not limited to: bruises, contusions, lacerations, sprains, fractures, burns, or fatal injury.
  • Despite such risks, I voluntarily choose to assume all risks associated with participating in and/or observing any watersport or related activity at ProWakeLA Inc.
  • I further understand and acknowledge that ProWakeLA Inc. does not provide lifeguards and that swimming is at my own risk.

Media Release

Without any compensation or remuneration of any kind, and being of competent age and legal capacity, I hereby grant ProWakeLA Inc. the absolute and irrevocable right and permission to:

  1. Record and/or photograph my likeness, image, voice, performance, and participation;
  2. Copyright such materials in its own name or any name it may choose;
  3. Broadcast, publish, distribute, or use the materials (in whole or in part) by any means, including but not limited to websites, social media, advertising, and promotional materials, without limitation as to time, geography, or medium;
  4. Use my name and/or biographical information in connection with such uses, at its sole discretion.

Final Acknowledgment, Waiver, and Assumption of Risk

BY SIGNING THIS AGREEMENT, I AND MY MINOR CHILDREN, HEREBY WAIVE AND RELINQUISH ANY AND ALL RIGHTS TO SUE ProWakeLA Inc., County of Los Angeles Department of Parks and Recreation, and Castaic Lake State Recreation Area, for any reason whatsoever for any injury, loss, or incident occurring on these premises or during any related event, now and forever.

I understand that I am voluntarily and expressly assuming all risks inherent in the use of ProWakeLA Inc.’s facilities and participation in or observation of any and all watersport activities. This includes, but is not limited to, use of boats and any equipment provided.

I further affirm and acknowledge that I have been fully informed of the inherent hazards and risks associated with water sports, including but not limited to:

  1. Changing water conditions, including currents, wave action, tides, and boat wakes;
  2. Collisions with:
      o Other participants
      o The watercraft or shuttle boat
      o Other watercraft
      o Natural or man-made objects
  3. Weather-related risks, such as wind shear, lightning, extreme temperatures, and inclement conditions;
  4. Limitations in my own balance, physical condition, swimming ability, or capacity to follow instructions;
  5. Capsizing, sinking, or impact with the water, leading to injury, water aspiration, or drowning;
  6. The presence of insects, bacteria, microorganisms, marine animals, or other wildlife;
  7. Equipment failure or operator error;
  8. Heat- or sun-related injuries, including sunburn, dehydration, or heat stroke;

Fatigue, chills, or delayed reaction times, increasing the risk of accidents.

Waiver and Release of Liability

In consideration of being permitted to participate in water skiing, wakeboarding, wakesurfing, tubing, and/or transportation to and from such activities, and for use of any equipment or facilities of the releasees listed below, I hereby agree to the following:

  • To waive, release, and discharge ProWakeLA Inc., its captains, owners, officers, employees, agents, and volunteers, as well as the County of Los Angeles Department of Parks and Recreation and Castaic Lake State Recreation Area, from any and all claims, including those arising from negligence, whether active or passive.
  • To hold harmless and indemnify the above-named releasees in connection with any injury, property damage, or loss of life that may result from my participation.

I understand and acknowledge that in signing this agreement, I am not relying on any oral or written statements made by any of the releasees that are not explicitly stated in this agreement.

Minors and Parental Consent

If the participant is under 18 years of age: I, as parent or legal guardian of the minor, consent to their participation and agree to the terms of this release on their behalf. I further agree to indemnify and hold harmless the Releasees for any claims arising out of or related to the minor’s participation.

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