Wake Nation Release of Liability and Indemnity Agreement


Participant Details
For Minor Participants Under the Age of 18
Wake Nation Release of Liability and Indemnity Agreement

PLEASE READ AND DIGITALLY SIGN THIS DOCUMENT CAREFULLY. BY SIGNING IT, YOU ARE GIVING UP IMPORTANT LEGAL RIGHTS.

In consideration for and in connection with being permitted to participate in Cinci Wake d/b/a Wake Nation Cincinnati (hereafter ‘Wake Nation’) and any and all activities conducted by Wake Nation (collectively, 'Wake Nation Activities'), I hereby execute this Release of Liability and Indemnification Agreement (the 'Agreement') on behalf of myself and any minor children, relatives or dependents identified herein (collectively, 'Participants'), and hereby agree as follows:

I and Participants understand and expressly agree that they may voluntarily participate in Wake Nation Activities and that certain elements are physically and emotionally demanding. I and Participants understand and agree that I and they must possess athletic ability, skill, good judgment and experience in order to properly participate in Wake Nation Activities. I and Participants understand and agree that they will be exposed to inherent and other risks associated with participation in Wake Nation Activities, including but not limited to, changing or extreme conditions, strenuous bodily movement and physical exertions, improper use or possible malfunction of equipment, contact or collisions with but not limited to, other participants, features, the shore, the water, the environment, cable systems and related machinery or parts thereof, and other objects. Participants understand and agree that Wake Nation Activities are INHERENTLY DANGEROUS ACTIVITIES and that among the risks participants will be exposed to are the risks of BODILY INJURY AND DEATH OR DAMAGE TO PROPERTY. Despite the risks involved with Wake Nation Activities, including, but not limited to, use of equipment, facilities, or premises, I and PARTICIPANTS VOLUNTARILY AGREE TO EXPRESSLY ASSUME ALL RISKS OF INJURY OR DEATH OR DAMAGE TO PROPERTY that might be associated with participation in Wake Nation Activities.  

I and Participants understand and assume all the RISKS OF INJURY AND DEATH OR DAMAGE TO PROPERTY RELATED TO PARTICIPATION IN WAKE NATION ACTIVITIES. I and Participants expressly agree that in consideration for being permitted to participate in Wake Nation Activities, I and Participants release Wake Nation, its and their affiliates, representatives, owners, investors, members, managers, officers, directors, partners, employees, instructors, outside trainers, independent coaches, agents, volunteers, participants, sponsors, landowners, landlords, subsidiaries, contractors, affiliated companies or entities, successors, heirs and assigns, and all other persons or entities acting in any capacity on their behalf (collectively referred to in this Agreement, 'Wake Nation') as well as the owners, sellers, manufacturers and installers of equipment comprising Wake Nation, for any bodily injury or death and for any damage, loss, or theft of any personal property which I and Participants may incur while on Wake Nation's premises, INCLUDING BUT NOT LIMITED TO THOSE INJURIES AND DAMAGES CAUSED BY ANY WAKE NATION’S ALLEGED OR ACTUAL NEGLIGENCE OR BREACH OF ANY EXPRESS OR IMPLIED WARRANTY. I and Participants agree to pay all costs and attorneys’ fees incurred by Wake Nation in defending a claim or suit brought by me, on my behalf, or on the behalf of Participants identified herein.

ON BEHALF OF MYSELF OR PARTICIPANTS, I CONFIRM THE FOLLOWING:

I and Participants understand that participation in Wake Nation Activities is voluntary, and that it is a revocable privilege. I and Participants further understand that participation in Wake Nation Activities is strenuous and requires considerable exertion and physical stress. I hereby represent and certify that I and no Participant for whom I am executing this Agreement do not suffer from any physical or psychological conditions that would prevent myself or Participants from participating in Wake Nation Activities.

In consideration for being permitted to participate in Wake Nation Activities, I and Participants AGREE to the fullest extent allowed by the law, TO RELEASE FROM LIABILITY AND TO NEVER SUE WAKE NATION, its and their affiliates, representatives, owners, investors, members, managers, officers, directors, partners, employees, instructors, outside trainers, independent coaches, agents, volunteers, participants, sponsors, landowners, landlords, subsidiaries, contractors, affiliated companies or entities, successors, heirs and assigns, and all other persons or entities acting in any capacity on their behalf (collectively referred to in this Agreement, 'Wake Nation') as well as the owners, sellers, manufacturers and installers of equipment comprising Wake Nation, and therefore release and HOLD WAKE NATION HARMLESS for any damage, injury or death to me or Participants or property arising from my or Participants' participation in Wake Nation Activities, regardless of cause, including the alleged NEGLIGENCE, GROSS NEGLIGENCE, OR STRICT LIABILITY OF WAKE NATION

I and Participants understand that all Wake Nation Activities carry certain risks, inherent and otherwise, including injury or death to person or damage to property caused by equipment failure or improper use, the natural environment, and the negligence of the activity operator, instructor, or other participants or third parties. In addition, each Wake Nation Activity carries certain unique risks, which include but are not limited to, injuries, death, or property damage caused by: (a) falls and collisions with features, water, shore, persons, or other manmade and natural objects, (b) entanglements with ropes or cables, (c) negligence of Wake Nation staff, drivers or operators, instructors, and other participants or third parties, (d) the condition of the premises (e) extreme weather and acts of nature, (f) open water, swimming, drowning, and cold water immersion, (g) sunburn, heat/sun stroke, or dehydration, (h) water-borne pathogens, amoebas, microorganisms, bacteria, and other marine life forms and insects, (i) equipment failure, and (j) other risks related to participation in extreme sports. I and Participants understand that Wake Nation Activities carry these and other risks and EXPRESSLY ASSUME ALL RISKS ASSOCIATED WITH EACH WAKE NATION ACTIVITY

I and Participants agree to accept all borrowed, loaned, or rented equipment “AS IS” and WITH NO WARRANTIES express or implied. I and Participants agree that the Participants listed on this Agreement will be the only persons using the equipment and will not use equipment until all Participants have received and understand instructions from Wake Nation on proper use and function.

I and Participants understand that this RELEASE OF LIABILITY will prevent me and Participants from filing suit or making any claim for damages in the event of any loss, injury or death arising from participation in Wake Nation Activities. I and Participants understand this is a release of liability that will apply whenever I or Participants engage and/or participate in Wake Nation Activities. If I or Participants or any legal representative files a claim or lawsuit arising out of my or Participants' participation in Wake Nation Activities, I AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS WAKE NATION for any damages, attorney's fees, or costs arising out of such claim or lawsuit. With a full understanding of this Agreement, I nevertheless enter into this Agreement freely and voluntarily and agree that it is binding upon me and Participants, my heirs, assigns and legal representatives.

In the event of a medical emergency, I and Participants authorize Wake Nation to provide emergency first aid treatment and/or to refer treatment to a duly licensed physician, dentist, or other medical care professional, and agree to be fully and solely responsible for all associated costs. This care may be given under whatever conditions are necessary to preserve the life, limb, or well-being of myself or Participants for whom I am executing this Agreement.

Wake Nation routinely takes photographs and videos for commercial purposes and patrons may be readily identifiable in these images. I further grant exclusive permission to Wake Nation to use my or Participants' names, faces, likenesses, voices or appearances in photographs or videos in connection with exhibitions, publicity, advertising, promotional materials, or other commercial purposes, without compensation and without restriction as to frequency and duration.

By executing this Agreement, I declare under penalty of perjury that I am at least 18 years of age and am doing so only for myself and/or Participants for whom I am authorized. If I execute this Release of Liability and Indemnity Agreement on behalf of another person, I understand and agree that I am acting as the agent for that person and my signature expressly confirms that I have permission to sign on the other person's behalf, and this agreement shall be binding upon that person if they, or any other persons or entities acting in any capacity on their behalf, brings a claim or lawsuit against Wake Nation. I agree to fully defend, indemnify and hold harmless Wake Nation as set forth above. If I sign without the express permission of any other person, I understand and agree that I am committing fraud against Wake Nation and I agree to indemnify Wake Nation for all liability and claims, including attorneys’ fees, arising from any misrepresentations in or fraudulent execution of this agreement.

I ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS RELEASE OF LIABILITY AND INDEMNITY AGREEMENT IN ITS ENTIRETY AND HAVE BEEN PROVIDED THE OPPORTUNITY TO ASK QUESTIONS AND CONSIDER THE EFFECTS OF THIS AGREEMENT. IN CONSIDERATION FOR AND IN EXCHANGE FOR EXECUTING THIS AGREEMENT, WAKE NATION IS PERMITTING ME AND PARTICIPANTS TO VOLUNTARILY PARTICIPATE IN WAKE NATION ACTIVITIES. I ACKNOWLEDGE AND FULLY UNDERSTAND THAT THIS AGREEMENT IS BINDING UPON ME AND ALL PARTICIPANTS, ASSIGNS, AND LEGAL REPRESENTATIVES. IN THE EVENT THAT THIS AGREEMENT IS SEVERABLE OR IF ANY CLAUSE IS FOUND TO BE INVALID, THE OFFENDING CLAUSE WILL BE STRICKEN AND THE BALANCE OF THE AGREEMENT WILL REMAIN IN EFFECT AND WILL BE ENFORCEABLE. 

I agree that any action arising from or related to this Agreement will be subject to and interpreted under the laws of the State of Ohio. I understand that this Release of Liability and Indemnity Agreement is VALID FOREVER and shall have full force and effect whenever I or Participants participate in Wake Nation Activities. THIS IS A RELEASE OF LIABILITY – DO NOT SIGN IT UNLESS YOU AGREE TO BE BOUND BY ITS TERMS. 

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Wake Nation - General Guidelines & Rules

1. Regardless of age, it’s OK to be a kid! Leave your stress and worries at the front gate! Have fun!

2. Every participant must sign a waiver. All persons under the age of 18 must have a parent or legal guardian sign on their behalf. Waivers can be filled out electronically.

3. Do not enter or pass through the building while wet.

4. No smoking or vaping is allowed anywhere on the property. 

5. Feel free to use our chairs, tables, shade, and games where they are, but please don’t move them.

6. Please keep cushioned seating dry for spectators. “Be kind, don’t sit with a wet behind.”

7. We are dog friendly if your dog is quiet, well-mannered, has shade and water, and you pick up after them. Owners of disruptive, aggressive, or misbehaving dogs may be asked to leave. 

8. No glass containers are allowed. Broken glass and bare feet/paws do not mix. 

9. No drones or RC vehicles are allowed without management permission. 

10. Please pick up after yourself. Our staff will be grateful.

 

Wake Nation - Cable Safety Guidelines & Rules

1. NO FIRST-TIME/NEVER-EVER WAKEBOARDERS ARE ALLOWED ON THE MAIN CABLE. You must know how to wakeboard before riding the main cable. First-time kneeboarding is allowed.

2. While riding the cable, a helmet and USCG approved life jacket is required. IT IS YOUR RESPONSIBILITY TO KNOW IF YOUR LIFE JACKET IS USCG APPROVED OR NOT.

3. While riding, if you fall or sink deep into the water on a landing, let go immediately. Do not try to hold on or you can damage the cable system, and WN may hold you financially responsible for damage.

4. It is your responsibility to avoid floating debris, aqua park and wakeboard features, and other fallen riders. If you cannot avoid something or someone, let go and immediately sit down to stop.

5. There is zero tolerance for any touching floating dividers or riding into buoyed off areas. 

6. Always be on the lookout for fallen riders, especially after each feature. Do not attempt to hit a feature if a fallen rider is not safely clear. Give fallen riders plenty of space. 

7. No air or power tricks on the corner/near a pulley. Allow your carrier to travel past a pulley before you initiate any trick. Air tricks on the corner can damage the cable system and/or derail a cable, and WN may hold you financially responsible for damage.

8. Exit safely between the white buoys or after the main start dock. Drop the handle when you exit, do not throw it. Avoid riding near, or throwing your handle near, the ropes on the motor tower. 

9. When you fall, look back immediately and avoid other riders and bouncing ropes. If necessary, duck underwater to avoid a collision. Swim to the outside shore as soon as possible.  

10. All riding is at your own risk. Stay in control and don’t take chances. Always ride within your abilities. 

11. Don’t swim to or from the island unless directed by staff. 

12. If you see that someone is injured, notify the cable operator immediately. In case of emergency, the cable will be stopped so staff can attend to the injured rider.

13. Do not drink alcohol or use drugs prior to riding the cable system (or any activity).

14. Wakeboard features (jumps, rails, and sliders) are for experienced riders only.

15. Remove all removable fins from your wakeboard before hitting any feature, or WN may hold you financially responsible for damage. 

16. WN is not responsible for damage caused to your board or person as a result from hitting features.

17. Do not hit features with a non-slider rental board; it will break, and you will be financially responsible.

18. No double riding is allowed if 5 or more persons are waiting in line or if the operator says “no”. 

19. No audio devices that limit your ability to hear are allowed on the main cable system. 

20. If lightning is in the area, staff must shut down the cable and de-energize the system. Standby. 

21. Make the most of your time, as well as others. If you are riding next, be ready to go. If you fall leaving the start dock, swim clear immediately so you don’t hold up the line. 

22. You can help the flow on the start dock by helping the cable operator retrieve ropes from time to time. It’s also greatly appreciated. When retrieving a rope, just bring the operator the handle.

23. Be respectful. Be safe! Have fun!

Wake Nation - Aqua Park Safety Guidelines & Rules

1. No lifeguard is on duty. Children must ALWAYS be supervised. 

2. The provided USCG approved life jacket must ALWAYS be worn.

3. One person at a time on the steps into and out of the lake. 

4. Do not swim under any features. 

5. No diving. Always jump or slide feet first.

6. Ensure the landing area is clear before jumping or sliding. 

7. No rough play. Big kids, be nice to the little kids. 

8. Swim attire only. No sharp objects, sunglasses, belts, or shoes. 

9. Only play during official open hours.

10. Report any concerns or damaged equipment immediately. 

11. Be respectful. Be safe! Have fun!

Wake Nation Dog Guidelines & Rules

Wake Nation is dog-friendly. However we expect all dog owners to be responsible and courteous to others around you, or you and your dog will be asked to leave. Dog owners are 100% responsible for the behavior and actions of their dog(s) and are 100% responsible for injuries or damage to persons, other pets, or property caused by their dog(s). 

1. All dogs must be friendly, quiet, and well-mannered. Should your dog become disruptive or aggressive, you and your dog may be asked to leave. 

2. Dogs are not allowed in the building except to pass through the main pro shop, going to or from the main viewing deck. 

3. Noone wants to step in poo. Owners must pick up after their dogs. Most dogs are anxious to explore and will “go” shortly after arriving onsite. No big deal. Free bags and a scoop are available, and there is a garbage can right under the bag dispenser. Be a good dog owner.

4. If you leave your dog unattended while you ride the cable, it must have shade, water, and not disturb others. It should also be leashed so it doesn’t wander around, disturb others, or chase after you while you ride. If it becomes a nuisance, you and your dog will be asked to leave.

5. Do not allow your dog to swim in any area that may interfere with a rider or other participants.

6. Do not allow your dog to shake off in an area that could get others or their property unexpectedly wet. (Not all visitors are dog-friendly.)

7. NEVER LEAVE A DOG IN A CAR. Even with windows down, inside temperatures can skyrocket quickly (2x the outside temp in minutes). Please report any such incident immediately. If WNC becomes aware of a pet left in a vehicle, we will do whatever is necessary to rescue the dog in addition to calling the authorities and permanently banning the guest. We take this issue very seriously, as would any responsible dog owner. NEVER LEAVE A DOG IN A CAR.