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Waiver and Release of Liability

Bell Acqua, Inc. (“Bell Acqua”) owns the property at 935 E Street, Rio Linda CA (“Property”). Bell Acqua and its Shareholders (“Shareholders”) require any participants and guests on the property to agree to certain conditions and acknowledge the risks associated with water-skiing and other activities, which may be carried out on the property. Please read the following and if you agree, sign below. If you do not agree to the following and do not sign this waiver of liability, you will not be permitted to water-ski on the property or participate in any associated activities on the property.

As a participant of water-sports or any other activity on the property. I acknowledge and fully understand that I will be engaging in activities that involve risk of serious injury, including permanent disability and death, and associated social and economic losses, which might result not only from my own actions or negligence but also the actions or negligence of others, or the conditions of the premises or any equipment used.

I agree to inspect the facilities and equipment to be used and if I believe anything is unsafe, I will immediately advise a shareholder of Bell Acqua and refuse to participate.

I assume all risk and accept personal responsibility for the damages following an injury, permanent disability, or death.

I release Bell Acqua, its shareholders, guests and/or employees of any liability for any and all claims, demands, losses or damages on the account of injury, including death or damage to property, caused or alleged to be caused in whole or in part by the negligence of Bell Acqua, its shareholders, guests and/or employees. I acknowledge that the rules of the property have been explained to me and that I understand them.

I acknowledge that, when wake-boarding, swimming, water ski jumping, water-skiing, knee-boarding, bare-footing or being towed behind any boat, I must stay at least 25 feet from the shore at all times. When I am traveling around the islands, I will always follow the boat’s path and never travel outside the boat’s wake. I the skier must stay in the center of the boat wake while boat is turning around the islands. I must know the established set of signals to indicate a change in direction, a change in speed, or that a skier is not hurt after a fall.

By my signature below, I acknowledge that water-skiing is an inherently dangerous sport; that I am responsible for my safety; I will obey the rules and regulations posted and verbally communicated to me by shareholders of Bell Acqua; any injury I may suffer while participating in any activity on the property owned by Bell Acqua, is solely my responsibility.

By signing below, I release Bell Acqua and its shareholders of any liability for any damages, which I may suffer by participating in any activity on the property including bodily injury, death, or any associated monetary damages due to any disability which may have been caused by my participation in activities on the property. I further acknowledge that there may be other risks associated with my participation in water-sports or any other activity on the property that are not foreseeable at this time, I agree to release Bell Acqua and its shareholders of any liability associated with these unforeseeable risks.

Photo Release

Would you agree to allow us to share your images or video on social media and our website? Please let us know if you DO NOT want any of your images used.

If your images or videos are chosen, they will not be edited or modified in any way other than cropping out portions of the photo. There will be no monetary exchange for use of your testimonial, images or videos, but allowing us to share helps others understand the waterski experience at our lake.

UNCONDITIONAL GENERAL RELEASE FROM LIABILITY

Please read the following agreement carefully BEFORE DECIDING TO PARTICIPATE. By signing this document and initialing the required sections, YOU ARE EXPRESSLY AGREEING TO HAVE KNOWINGLY, FULLY AND TOTALLY RELEASED the Owner/Company/His Agents and Employees (hereinafter “The Released”) FROM ANY AND ALL CLAIMS INCLUDING ACTIVE OR PASSIVE NEGLIGENCE BUT EXCLUDING GROSS NEGLIGENCE AND/OR INTENTIONAL MISCONDUCT, arising out of any act, omission, or condition existing prior to the signing of this agreement, and extending to include any act, omission, or condition in any way connected with your participation in (including transit to and from) these water sports activities, occurring at any point in the future from the activities in which you are about to purchase/engage.

A. EXPRESS ASSUMPTION OF ALL INHERENT RISKS OF WATER SPORTS ACTIVITIES

There are numerous risks inherent in and associated with participation in water sports activities. By executing this RELEASE. you are acknowledging that participation in water sports activities is an inherently dangerous activity that involves risks of death and/or serious bodily injury that cannot be prevented or avoided even by the exercise of reasonable care. The following list, though not exhaustive, exemplifies many of the types of risks and potential injuries you could encounter in connection with your participation in water sports.

  • changing water flow, tides, currents, wave action, eddies, whirlpools, and vessel wakes:

  • collision with other participants, collision with watercraft, whether owned or operated by the Released, collision with man-made or natural objects:

  • the negligent actions and/or omissions of other participants:

  • your own actions and/or omissions. your level of competency as to the activity, and your own physical and mental conditions:

  • your sense of balance, physical coordination, ability to operate equipment, and ability to swim:

  • wind shear, inclement weather, lightning, variances and extremes of wind, weather and temperature:

  • collision, capsizing, sinking, falling, slipping or other hazards that may result in wetness, injury, exposure to the elements,

  • hypothennia. impact of the body upon the water, injection of water into any body orifices, and/or drowning

  • the presence of insects, wild animals, as well as dangerous plant life, bacteria, amoebas, and marine life forms: equipment failure, improper use of equipment and,or impacting equipment:

  • heat or sun related injuries or illnesses, including sunburn, sun stroke or dehydration:

  • fatigue, chill, shock, and/or dizziness which may increase your reaction time.

By initialing this section and executing this WAIVER below, you are agreeing that you have reviewed the preceding non-exclusive list of sample inherent risks involved in your participation in these activities, and with full knowledge and understanding, you are voluntarily agreeing to engage and participate in these activities and to VOLUNTARILY AND EXPRESSLY ASSUME THE RISK OF SERIOUS BODILY HARM, PERSONAL INJURY, DEATH OR DAMAGE resulting from any and all inherent risks while participating and engaging in (including transit to and from) these water sports activities. By expressly assuming ANY AND ALL INHERENT RISKS involved with these water sports activities, you are voluntarily relinquishing the ability to seek or collect damages from the Released due to any personal injury, claim, or incident occurring or in any way related to or arising from the inherent risks of your involvement in these water sport activities.

B. INDEMNITY AGREEMENT STATEMENT

By initialing this section and executing this WAIVER below, you are further agreeing to hold harmless and to indemnify the Released against any and all claims. demands. losses. damages. causes of action. judgments, costs. expenses, attorneys· fees, and other liabilities, including those from third parties, arising out of or relating to your participation in any water sports and/or presence upon the property on which they are located, even if caused by the active or passive negligence of the Released, but excluding any gross negligence or intentional misconduct. By agreeing to indemnify the Released for the acts, occurrences, and expenses as contained within this subsection you are knowingly and voluntarily agreeing that you may be required to reimburse or provide the cost of a legal defense or representation for the Released for any expenses or actions it has to take arising out of your participation in these water sports activities.

C. WAIVER AND RELEASE OF LIABILITY

By initialing this section and signing this WAIVER below, YOU ARE AGREEING TO KNOWINGLY, VOLUNTARILY, AND UNEQUIVICALLY WAIVE ANY AND ALL CLAIMS, INCLUDING ACTIVE OR PASSIVE NEGLIGENCE BUT EXCLUDING GROSS NEGLIGENCE OR INTENTIONAL MISCONDUCT, against the Released arising out of any act, omission, or condition existing prior to the signing of the agreement, and extending to any act, omission, or condition in any way connected with your participation in (including transit to and from) these water sports activities occurring at any point in the future. THIS WAIVER AND RELEASE OF LIABILITY IS EXPRESSLY PROVIDED TO EXCULPATE THE RELEASED FROM THOSE LIABILITIES WHICH ARE SEPARATE FROM AND IN ADDITION TO THE POTENTIAL LIABILITIES CREATED BY THE RISKS INHERENT IN WATER SPORTS PARTICIPATION. Furthermore, by initialing and signing this waiver below, you are binding your spouse, heirs, assigns, and any similarly situated personal or legal representative to the waiver's terms.

D. DECLARATION OF COMPETENCY AND INTENT TO BE BOUND

By initialing this section and signing this WAIVER below, you are signifying that you have read first, then initialed, all sections contained within this agreement. You are further signifying that you are voluntarily agreeing to execute this waiver and release, and that you understand the legal implications and consequences of doing so. If there are any aspects of this agreement to which you do not have a full and complete understanding, you are encouraged to ask or inquire the Released BEFORE initialing this section or signing this waiver.

E. UNCONDITIONAL GENERAL RELEASE FROM LIABILITY

Your signature below reflects your express assent to be bound to the terms of this agreement. Please carefully review each section again and ensure that you fully understand the implications of this agreement.

*EACH ADULT PARTICIPANT MUST INDIVIDUALLY SIGN A WAIVER.

NATURAL GUARDIAN'S ACKNOWLEDGEMENT OF RELEASE ON BEHALF OF MINOR CHILD

Your signature below reflects your express assent to bind your minor child to the terms of the Water Sports Participation Unconditional General Release of Liability agreement. Your signature also represents your attestation to being the natural guardian of the minor child(ren) listed below, and possessing the legal authority to sign this agreement on their behalf. Please carefully review each section again and ensure you fully understand the implications of this agreement.

Failure of less than all natural guardians to sign this form on behalf of a minor child does not constitute a basis for waiver of the limitations granted herein.

I agree to terms & conditions provided by the company. By providing my phone number and email, I agree to receive text messages and email communication from Bell Acqua Lake 1.

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Please add minor participants. You agree that you are the parent or guardian of the minors listed below.