Waiver of Liability

Release of Liability and Hold Harmless Agreement for
using Boating Equipment of Owner or Participating in Boating Activities
using such Boating Equipment

Agreement made on the , between

(Name of Participant/Guest) of , , , , referred to herein as Participant, and

, of

, , , , referred to herein as Owner.

Whereas, Owner owns the boat (the Boat) and equipment (the Equipment) described as follows: (Describe Boat and Equipment)

and the undersigned Participant desires to be a guest on said Boat and/or use said Boat and Equipment; and

Whereas, as a condition to being a guest or using said Boat and Equipment, Owner requires execution of this Release of Liability and Hold Harmless Agreement;

Now, therefore, for and in consideration of the mutual covenants contained in this agreement, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Participant agrees as follows:

Warning: There are significant elements of risk in any adventure, sports or activity associated with the outdoors, the presence of use of motorized watercraft, including but limited to boats and other forms of personal watercraft and activities incidental thereto (referred to herein as Activity). Although Owner has reasonable steps to provide the appropriate equipment so that Participant can enjoy the Activity, this Activity is not without risks. Certain risks cannot be eliminated without destroying the unique character of the Activity. The same elements that contribute to the unique character of the Activity can be causes of loss or damage to equipment, or cause accidental injury, illness, or in extreme cases, permanent trauma of death. While Owner does not want to frighten you or reduce your enthusiasm for this Activity, it is important for you to know in advance what to expect and to be informed of the inherent risks.

Acknowledgment of Risks

Participant acknowledges that the following describes some, but not all, of those risks:

A. Changing water flow, tides, currents, wave action, and ship's wakes.

B. Collision with any of the following:

1. The water craft upon which I am the operator or passenger;

2. Other watercraft; and/or

3. Manmade or natural objects.

C. Wind shear, inclement weather, fire on board the craft, lightening, variances and extremes of wind, weather and temperature.

D. My or Owner's sense of balance, physical coordination, ability to operate equipment, swim and/or follow directions.

E. Collision, capsizing, sinking, or other hazard which results wetness, injury, exposure to the elements, hypothermia, and/or drowning.

F. Getting in or out of the craft.

G. Travel, including travel to or from Activity.

H. The presence of insects and marine life forms.

I. Equipment failure or operator error.

J. Heat or sun related injuries or illnesses including sunburn, sunstroke or dehydration.

K. Fatigue, chill and/or dizziness, which may diminish reaction time and increase the risk of accident.

Participant acknowledges that he/she is aware that this Activity may entail risks of death. Participant also understands that the description of these risks is not complete and that unknown or unanticipated risks may result in injury, illness, or death.

II. Express Assumption of Risk and Responsibility:

Participant agrees to assume responsibility for the risks identified herein and those risks not specifically identified. Participation by the undersigned Participant in this Activity is purely voluntary. Participant verifies that he/she is physically fit, not under the influence of alcohol or drugs at this time and sufficiently qualified, trained and capable to participate in these activities. Therefore, Participant assumes full responsibility for himself/herself, including any of my minor children for which the Participant is responsible, for bodily injury, accidents, illness, death, loss of personal property, and expenses thereof as a result of any accident which may occur. Participant elects to participate in spite of the risks and is responsible for protecting my skin and eyes from the elements. Participant further agrees to wear a U.S. Coast Guard approved personal floatation device (life jacket) when appropriate and while participating in the Activity. Participation includes riding in the vessel.

Participant assumes the risk(s) of personal injury, accidents and/or illness, including but not limited to sprains, torn muscles and/or ligaments, fractures or broken bones, eye damage, cuts, wounds, scrapes, abrasions and/or contusions; dehydration, drowning, oxygen shortage (anoxia), and/or exposure, head, neck and/or spinal injuries. bite or attack by animal, insect or marine life, allergic reaction, shock, paralysis, or death.

III. Release:

In consideration of services or property provided, Participant, for himself/herself and any minor children or which I am parent, legal guardian or otherwise responsible, any heirs, personal representatives or assigns, agrees that Owner, his employees, agents and volunteers, shall have no liability of any nature for any and all damage to me and other persons or properties as a result of any acts, omissions or negligence of the Owner or any other person (including myself) and the undersigned hereby releases and discharges Owner and insurer, if any for any such damage.

Participant understands that this waiver is intended to be as broad and inclusive as permitted by the laws of the state of Arizona and agrees that if any portion is held invalid, the remainder of the waiver will continue in full force and effect.

Participant has read the acknowledgment of risks, assumption of risks and responsibility and release of liability. Participant understands that by signing this document he/she may be waiving valuable legal rights.

WITNESS my signature this the day of