RELEASE OF LIABILITY
READ CAREFULLY - THIS AFFECTS YOUR LEGAL RIGHTS
In exchange for participation in the activities at Imondi Wake Zone and/or organized by
Imondi Wake Zone, LLC, of 1583 Cipolla Rd., Fruita, CO 81521, (“Imondi”) and/or use of the
property, facilities, equipment and services of Imondi, I, agree for myself and (if applicable) for
the members of my family, to the following:
1. AGREEMENT TO FOLLOW DIRECTIONS. I agree to observe and obey all
posted rules and warnings, and further agree to follow any oral instructions or directions given
by Imondi, or the employees, representatives or agents of Imondi.
2. ASSUMPTION OF THE RISKS AND RELEASE. There are numerous risks
inherent in and associated with participation in water sports activities. By executing this
RELEASE, I am 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 injures I recognize I may
encounter in connection with 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 Imondi, collision with man-made or natural objects;
• the negligent actions and/or omissions of other participants;
• My own actions and/or omissions, regardless of my level of competency as to the
activity and my physical and mental condition, sense of balance, physical
coordination, ability to operate equipment, and/or ability to swim;
• wind shear, inclement weather, lightning, variances and extremes of wind,
weather and temperature;
•
collision, capsizing, sinking, falling, slipping other hazards that may result in
wetness, injury, exposure to the elements, hypothermia, 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 my reaction time.
By my signature, I agree that I am voluntarily engaging in activities at Imondi with full
knowledge of, and am assuming the risks associated with, those activities and I assume full
responsibility for personal injury to myself and (if applicable) my family members, and further
release and discharge Imondi for injury, loss or damage arising out of my or my family's use of,
or presence upon the facilities, or use of the equipment, or services, of Imondi, whether caused by the fault of myself, my family, Imondi or other third parties and with full knowledge of the above non-exhaustive list of potential risks.
By my signature, I AM AGREEING TO KNOWINGLY, VOLUNTARILY, AND
UNEQUIVICALLY WAIVING ANY AND ALL CLAIMS, INCLUDING NEGLIGENCE,
BUT EXCLUDING INTENTIONAL MISCONDUCT, against Imondi arising out of any act,
omission, or condition existing prior to the signing of this Agreement and extending to any act,
omission, or condition in any way connected with my participation in (including transit to and
from) these water sports activities occurring at Imondi at any point in the future. THIS
WAIVER AND RELEASE OF LIABILITY IS EXPRESSLY PROVIDED TO EXCULPATE
IMONDI FROM THOSE LIABILITIES WHICH ARE SEPARATE FROM AND IN
ADDITION TO THE POTENTIAL LIABILITIES CREATED BY THE RISKS INHERENT IN
WATER SPORTS PART ICIPATION. Furthermore, by signing this Agreement below, I am
binding my spouse, heirs, assigns, successors, and any similarly situated personal or legal
representative to the terms herein.
3. PHOTO & VIDEO RELEASE. I, for sufficient consideration, receipt of which is
hereby acknowledged, hereby irrevocably grant Imondi, its successors, affiliates, and partners
the right to record my likeness and/or voice during activities on/at Imondi’s premises on tape,
film or digital media, to edit such tape, film or digital media at its discretion; to incorporate the
same into video, TV, radio, web or print advertisement or video; and to use or authorize the use
of such tape, film and videotape or any portion thereof in any manner or media at any time
through the world in perpetuity and to use my likeness, voice and biographical and other
information concerning me in connection therewith including promotion in all media. I hereby
release Imondi and anyone using said film, digital image, or other material from any and all
claims, damages, liabilities costs and expenses which I now have or may hereafter acquire by
reason of any use thereof.
4. INDEMNIFICATION. I agree to indemnify and defend Imondi against all claims,
causes of action, damages, judgments, costs or expenses, including attorney fees and other
litigation costs, which may in any way arise from me or my family's use of or presence upon the
facilities, or use of the equipment, or services, of Imondi.
5. FEES. I agree to pay for all damages to the facilities or equipment of Imondi caused
by any negligent, reckless, or willful actions by me or my family.
6. APPLICABLE LAW; JURISDICTION & VENUE. Any legal or equitable claim
that may arise from participation in the above shall be resolved under Colorado law and in the
Colorado State Courts for Mesa County Colorado.
7. NO DURESS & COMPETNECY. I agree and acknowledge that I am under no
pressure or duress to sign this Agreement and that I have been given a reasonable opportunity to
review it before signing. I further agree and acknowledge that I am free to have my own legal
counsel review this Agreement if I so desire. I further agree and acknowledge that Imondi has
offered to refund any fees I have paid to use its facilities if I choose not to sign this Agreement. I also hereby confirm I am legally competent to sign this Agreement and have provided Imondi nogrounds to presume or understand otherwise.
8. ARM'S LENGTH AGREEMENT. This Agreement and each of its terms are the
product of an arms' length negotiation between the Parties. In the event any ambiguity is found to
exist in the interpretation of this Agreement, or any of its provisions, the Parties, and each of
them, explicitly reject the application of any legal or equitable rule of interpretation which would
lead to a construction either "for" or "against" a particular party based upon their status as the
drafter of a specific term, language, or provision giving rise to such ambiguity.
9. ENFORCEABILITY. The invalidity or unenforceability of any provision of this
Agreement, whether standing alone or as applied to a particular occurrence or circumstance,
shall not affect the validity or enforceability of any other provision of this Agreement or of any
other applications of such provision, as the case may be, and such invalid or unenforceable
provision shall be deemed not to be a part of this Agreement.
10. DISPUTE RESOLUTION. The parties will attempt to resolve any dispute arising
out of or relating to this Agreement through mediation prior to the commencement of any form
of litigation.
I HAVE READ THIS DOCUMENT AND UNDERSTAND IT. I FURTHER
UNDERSTAND THAT BY SIGNING THIS RELEASE, I VOLUNTARILY SURRENDER
CERTAIN LEGAL RIGHTS.
