WATER SKI/ WAKE BOARD RELEASE OF LIABILITY, WAIVER OF CLAIMS,
EXPRESS ASSUMPTION OF RISK AND INDEMNITY AGREEMENT
Please read and be certain you understand the implications of signing.
Express Assumption of Risk Associated with use of Water Skiing, Wake Boarding, Barefoot Skiing, Show
Skiing, Tubing, Hydrofoiling, Trick Skiing and or any other Related Activities that require a person or person
to be towed/pulled behind a professional level Ski or Wakeboard boat
I, __________________________________________ do hereby affirm and acknowledge that I have been
fully informed of the inherent hazards and risks associated with Water Ski/ Wake Board activities to which I
am about to engage, including but not limited to:
1) Changing water flow, tides, currents, wave action, and ship’s wakes;
2) Collision with any of the following:
a) Other participants, b) the watercraft, c) other watercraft, d) man made or natural objects, e)
shuttle boat
3) Wind shear, inclement weather, lightning, variances and extremes of wind, weather and temperature;
4) My sense of balance, physical condition, ability to operate equipment, swim and/ or follow directions;
5) collision ,capsizing, sinking, or other hazard that may result in wetness, injury, exposure to the elements,
hypothermia, impact of the body upon the water injection of water into my body orifices, and /or drowning;
6) The presence of insects and marine life forms;
7) Equipment failure or operator error;
8) Heat or sun related injuries or illnesses, including sunburn, sun stroke or dehydration
9) Fatigue, chill, and/or reaction time and increased risk of an accident
I specifically waive any defense insofar as this contract is concerned that may arise as a result of
any state or local law and/ or regulation or policy that may impact its enforceability.
Release of Liability, Waiver of Claims and Indemnity Agreement
In consideration of being allowed to participate in the above described water sports, transportation, and
Water Ski/ Wake Board activities, as well as the use of any of the facilities, specifically, including water
transportation and the use of the equipment of the below listed releases, I hereby agree as follows
1)
To waive and release any and all claims based upon negligence, active or passive, with the
exception of intentional, wanton, or willful misconduct that I may have in the future against all of the
following named persons or entities herein referred to as releasees: Kitty Hawk Flight School, LLC,
Kitty Hawk Kites, Inc., J.A. Davis, OBX Wakeboard and Water Ski
__________________
____________________
_________________
Owner (company and/or individual)
Scheduled Boat Identification Number
Vessel Name
2)
To release the releasees, their officers, directors, employees, representatives, agents, and
volunteers, and vessels from liability and responsibility whatsoever and for any claims or causes of
action that I, my estate, heirs, executors, or assigns may have for personal injury, property
damage, or wrongful death arising from the above activities whether caused by active or passive
negligence of the releasees or otherwise, with the exception of gross negligence. By executing this
document, I agree to hold the releasees harmless and indemnify them in conjunction with any injury
or loss of life that may occur as a result of engaging in the above activities.
3)
By entering into this Agreement, I am not relying on any oral or written representation or statements
made by the releases, other than what is set forth in this Agreement.
I hereby declare that I am of legal age and am competent to sign this Agreement or, if not , that my
parent or legal guardian shall sign on my behalf and that my parent or legal guardian is in complete
understanding and concurrence with this Agreement. I have read this Agreement, understand it, and
I agree to be bound by it.
________________________________
_______________________
__________
Signature of Adult Participant
Name of Adult Participant (Please Print)
Date
________________________________
_______________________
__________
Signature of Parent or Guardian if Participant
Name of Minor (Please Print)
Date
is a Minor, and by their signature, they on my
behalf release all claims that both they and I
have.