RELEASE, WAIVER, ASSUMPTION OF RISK & INDEMNITY AGREEMENT ("Agreement")

Whereas each of the undersigned individuals are desirous of using the two ski lakes, common areas, limited common area docks, and beach areas within the STILL WATER LAKE ESTATES SUBDIVISION, also known as “Still Water Lake Estates” or “SWLE” and is doing so entirely upon his or her own initiative, risk, and responsibility.

I/We am/are completely aware of and accept the risk and hazards inherent upon the use of any watersports equipment and the use of the “SWLE” and its facilities.

Now therefore, in consideration of use of the SWLE, whether with or without charge, each of the undersigned individually, and/or as a representative of and on behalf of his or her spouse, child, or ward, herby release, discharge and covenant not to sue “SWLE” and/or their agents, officers, servants, representatives, and employees of and from any liability, claims, demands, actions, and causes of action whatsoever arising out of or related to any loss, damage, or injury, including fatal injury sustained while using, participating and/or observing the SWLE, whether or not caused by the negligence of SWLE or its employees, agents, officers, servants, representatives or by failure of the equipment, all wild life forms in or out of the water.

This release shall be binding upon the spouse, heirs, legal representatives, next of kin, executors, and administrators of each of the undersigned. In signing the foregoing release, each of the undersigned acknowledges and represents that he/she has read the foregoing release, understands and signs it voluntarily, that he/she is at least eighteen (18) years of age and of sound mind; that he/she is legally sober from the effects of alcohol & drugs; that he/she agrees to follow any and all instructions of the SWLE personnel while using SWLE and that he/she is in good health, suffering from no physical disability which might impair his/her mental faculties and/or normal water sports activity or swimming capabilities.

I understand that any watersports and related activities are extreme activities and can be dangerous and involve a risk of injury, which may even be fatal. Despite the risk of injury, I agree to expressly assume all risks of injury or death to me while participating and/or observing any watersports and related activities at SWLE.

I understand the SWLE provides no lifeguards on duty and I am advised to swim at my own risk.

This document is implemented from the date of signature of the undersigned person/persons and it will be in effect on this date and for any future visits.

BY SIGNING THIS AGREEMENT, YOU AND YOUR MINOR CHILDREN ARE GIVING UP YOUR RIGHTS TO SUE US FOR ANY REASON WHATSOEVER FOR ANYTHING OCCURRING UPON THESE PREMISES OR DURING OUR EVENTS FOREVER. I UNDERSTAND I EXPRESSLY ASSUME ALL RISK INHERENT TO THE USE OF THE FACILITIES, AS WELL AS PARTICIPATING IN AND OBSERVING ANY WATERSPORT, INCLUDING BUT NOT LIMITED TO THE USE OF BOATS AND ANY AND ALL EQUIPMENT.

Please read and be certain you understand the implications of signing. Express Assumption of Risk Associated with use of water skiing/wake boarding and related activities

I do hereby affirm and acknowledge that I have been fully informed of the inherent hazards and risks associated with all watersports activities, water transportation to and from the watersports vessel or boat and related water sport activities to which I am about to engage, including but not limited to:

1) changing water flow, tides, currents, wave action, and boat's wakes;

2) collision with any of the following; a) Other participants, b) the watercraft, c) other watercraft, d) man made or natural objects,

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, micro organisms, bacteria’s, any marine life forms and reptiles;

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.

In consideration of being allowed to participate in the above-described watersports, transportation, and any other watersports 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 Releasees, 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 collectively as “Releasees”: Still Water Lake Estates, Still Water Lake Estates Homeowner Association, Declarant and Owners as defined in the Declaration, as amended.

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 any activities within SWLE.

3) By entering into this Agreement, I am not relying on any oral or written representation or statements made by the Releasees, 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 with my signature below. Declaration of fitness: I hereby declare I am physically fit. I do not, and have not, suffered from any conditions that prevent me from safely participating in any water sports activities.

Signature of Adult Participant or Parent or Guardian if Participant is a Minor, and by their Signature, they on my behalf release all claims that both they and I have.

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IMPORTANT:
Do not sign for a minor UNLESS you are the parent or legal guardian. If you do sign for a minor and you are not the parent or legal guardian you agree to pay all damages that may arise out of a claim against SWLE.

NOTICE TO THE MINOR CHILD’S NATURAL GUARDIAN READ THIS FORM COMPLETELY AND CAREFULLY. YOU ARE AGREEING TO LET YOUR MINOR CHILD ENGAGE IN A POTENTIALLY DANGEROUS ACTIVITY. YOU ARE AGREEING THAT, EVEN IF SWLE USES REASONABLE CARE IN PROVIDING THIS ACTIVITY, THERE IS A CHANCE YOUR CHILD MAY BE SERIOUSLY INJURED OR KILLED BY PARTICIPATING IN THIS ACTIVITY BECAUSE THERE ARE CERTAIN DANGERS INHERENT IN THE ACTIVITY WHICH CANNOT BE AVOIDED OR ELIMINATED. BY SIGNING THIS FORM YOU ARE GIVING UP YOUR CHILD’S RIGHT AND YOUR RIGHT TO RECOVER FROM SWLE IN A LAWSUIT FOR ANY PERSONAL INJURY, INCLUDING DEATH, TO YOUR CHILD OR ANY PROPERTY DAMAGE THAT RESULTS FROM THE RISKS THAT ARE A NATURAL PART OF THE ACTIVITY. YOU HAVE THE RIGHT TO REFUSE TO SIGN THIS FORM, AND “SWLE” HAS THE RIGHT TO REFUSE TO LET YOUR CHILD PARTICIPATE IF YOU DO NOT SIGN THIS FORM

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Electronic Signature Agreement.

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By selecting the "I Accept" button, you are signing this Agreement electronically. You agree your electronic signature is the legal equivalent of your manual signature on this Agreement. By selecting "I Accept" you consent to be legally bound by this Agreement's terms and conditions. You further agree that your use of a key pad, mouse or other device to select an item, button, icon or similar act/action constitutes your signature (hereafter referred to as "E-Signature"), acceptance and agreement as if actually signed by you in writing. You also agree that no certification authority or other third party verification is necessary to validate your E-Signature and that the lack of such certification or third party verification will not in any way affect the enforceability of your E-Signature.