The business of INCLUSIF FITNESS, L.L.C., dba Oasis on the Edge includes services, rentals and purchases from INCLUSIF FITNESS, L.L.C., dba Oasis on the Edge and/or the utilization of the facilities, premises and equipment of INCLUSIF FITNESS, L.L.C., dba Oasis on the Edge, in engaging in canoeing, kayaking, sailing and other open water or sports activities (hereinafter referred to as “WATER ACTIVITIES”).
I understand and agree that INCLUSIF FITNESS, L.L.C., dba Oasis on the Edge, Water’s Edge Homeowners’ Association, Inc., Homeowner Management Services Inc., nor any of their owners, members, officers, directors, agents, employees, volunteers and all other persons or entities acting in any capacity may be held liable or responsible in any way for any injury, death or other damages to me or my family, estate, heirs or assigns that may occur as a result of my participation in WATER ACTIVITIES or as a result of the negligence of any party, including the INCLUSIF FITNESS, L.L.C., dba Oasis on the Edge, whether passive or active.
I, for myself, my heirs, executors, administrators and representatives do hereby release, exempt, hold harmless, indemnify and covenant not to file any liability, loss, claim, demands and possible causes of action in any way resulting from or arising out of or in association with my participation in WATER ACTIVITIES whether arising from my negligence, gross negligence or intentional conduct or the negligence, gross negligence or intentional conduct of any of INCLUSIF FITNESS, L.L.C., dba Oasis on the Edge.
I understand and agree that I am not only giving up my right to sue INCLUSIF FITNESS, L.L.C., dba Oasis on the Edge but also any rights my heirs, assigns or beneficiaries may have to sue INCLUSIF FITNESS, L.L.C., dba Oasis on the Edge. I further represent that I have the authority to do so and that my heirs, assigns or beneficiaries will be stopped from claiming otherwise because of my representations to INCLUSIF FITNESS, L.L.C., dba Oasis on the Edge.
I understand and acknowledge that some of the WATER ACTIVITIES is an action sport and a physically strenuous activity and that I will be exerting myself during this activity and that if I am injured as a result of heart attack, panic, hyperventilation, drowning or any other cause whatsoever, that I expressly assume the risk of said injuries and that I will not hold INCLUSIF FITNESS, L.L.C., dba Oasis on the Edge responsible for the same.
I acknowledge outdoor activities, WATER ACTIVITIES, including instruction and travel to such activities, entail known and inherent risks, as well as unknown and unanticipated risks which could result in serious emotional or physical injury, paralysis, death, drowning or damage or loss to myself, third parties and my own or others property. I understand such risks cannot be eliminated without jeopardizing the essential qualities of the activity.
I understand INCLUSIF FITNESS, L.L.C., dba Oasis on the Edge staff have difficult jobs to perform. They seek safety but are not infallible. They might not be aware of a participant’s abilities. They might misjudge the weather, the elements, terrain, and trail or river route location. They may give insufficient warnings or instructions and the equipment being used might malfunction.
Should INCLUSIF FITNESS, L.L.C., dba Oasis on the Edge or anyone acting on its behalf, be required to incur attorney’s fees and costs to enforce this agreement, I agree to indemnify them for all such fees and costs. I agree that this document and all other aspects of my relationship with INCLUSIF FITNESS, L.L.C., dba Oasis on the Edge is governed by the laws of the State of Georgia, and that any legal action resulting from my participation in this activity shall be brought only in DeKalb County, Georgia. In the event that any portion of this agreement is deemed invalid or unenforceable, all other portions of this agreement shall remain in full force and effect.
I am in good mental and physical health and am not under the influence of alcohol or any drugs. I certify that I have no medical or physical conditions which could interfere with my safety in this activity or else I am willing to assume and bear the costs of all risks that may be created, directly or indirectly by any such condition.
I understand that I will be participating in WATER ACTIVITIES with lake life and wildlife. I understand and acknowledge that these are wild animals and their behavior cannot be predicted or controlled. I understand that if I am injured by any such lake life or wild life, regardless of the cause, I will not hold INCLUSIF FITNESS, L.L.C., dba Oasis on the Edge responsible for any such injury or death.
I will inspect all my equipment prior to the WATER ACTIVITIES and will notify INCLUSIF FITNESS, L.L.C., dba Oasis on the Edge or their employee, agent conducting the WATER ACTIVITIES, if any of the equipment is not working properly. I will not hold the released parties responsible for my failure to inspect equipment prior to the WATER ACTIVITIES. I hereby represent that I will observe all applicable rules set forth by INCLUSIF FITNESS, L.L.C., dba Oasis on the Edge and that I will conduct myself in a safe and prudent manner so as not to endanger the lives of persons or property of any individual. I understand that if I do not follow safety rules, my participation in the WATER ACTIVITIES will be immediately terminated.
I hereby grant INCLUSIF FITNESS, L.L.C., dba Oasis on the Edge the right to take and utilize photographs and video of me participating in WATER ACTIVITIES for the purpose of sale, promotion, advertising, trade or art without limitation, reservation or compensation.
I further state that I am at least 18 years of age or that as the parent or (adult) legal guardian, I waive and release any and all legal rights that may accrue to me, to my minor child or the minor child for whom I am (adult) legal guardian, as the result of any injury that my minor child, the minor child for whom I am (adult) legal guardian or I may suffer while engaging in the WATER ACTIVITIES.
EXPRESS ASSUMPTION OF RISKS
I do hereby affirm and acknowledge that I have been fully informed of the inherent hazards and risks associated with the WATER ACTIVITIES to which I am about to engage, including but not limited to:
•Risk of injury from the activity and equipment utilized in the WATER ACTIVITIES is significant including the potential for permanent disability and death.
•WATER ACTIVITIES falls may cause cuts, broken bones and other injuries including death.
•Exposure to hidden or obvious obstructions and/or debris found in oceans, lakes, rivers and tributaries can cause drowning or other harm or death.
•Possible equipment failure and/or malfunction of my own or others equipment.
•Running into objects, persons or animals including but not limited to fallen WATER ACTIVITIES, motorized watercrafts, barely submerged logs and stumps and other hazards that are not visible.
•My own negligence and/or the negligence of others, including employees, agents, independent contractors or representatives of INCLUSIF FITNESS, L.L.C., dba Oasis on the Edge, including but not limited to operator error.
•Hazards related to WATER ACTIVITIES which include but are not limited to: collision, falling off of, or other hazards that may result in wetness, injury, and exposure to elements, hypothermia, impact of the body upon the water, upon rocks, injection of water into my body orifices, lake life forms and/or drowning.
•Cold weather and heat related injuries and illness including but not limited to frost nip, frostbite, heat exhaustion, heat stroke, sunburn, hypothermia and dehydration.
•Exposure to outdoor elements, including but not limited to: inclement weather, thunder and lighting, severe and/or varied wind, temperature or weather conditions.
•Attack by or encounter with insects, reptiles and/or animals.
•Accidents or illness occurring in remote places where there are no available medical facilities.
•Fatigue, chill and/or dizziness, which may diminish my/our reaction time and increase the risk of accident.
•My sense of balance, physical coordination and ability to follow instructions.
I understand the terms herein are contractual and that I have signed this agreement of my own free act and with the knowledge that I hereby agree to waive my legal rights.