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PARTICIPANT AGREEMENT, RELEASE ,

AND ASSUMPTION OF RISK

To participate in renting/riding/driving the jet board you must be at least 16 years old
and have a valid drivers license.

This is an important Legal Document, which affects your legal rights and obligations.
Before signing this Agreement, you should ensure that you fully understand its contents.

In consideration of the services of MNjetboards.com, LLC, its agents, owners, officers,


volunteers, participants, employees and all other persons or entities acting in any
capacity on its behalf (hereinafter collectively referred to as “MNjetboards.com”), I
hereby agree to release, indemnify, hold harmless, and discharge MNjetboards.com, on
behalf of myself, my spouse, my children, my parents, my heirs, my assignees, my
personal representatives and my estate as follows:

The risks include, among other things: slips and falls; the possibility of rough water;
the possibility of rough shoreline; colliding with objects or other people; riders may be
jolted, jarred, bounced, thrown about, and otherwise shaken during rides; it is possible
that riders could be injured if they come into contact with other passengers, equipment,
or other objects; injuries can be sustained from the ride, equipment or from items on the
water or land such as holes, bumps, rights, obstacles, tree limbs, branches, rocks,
waves, objects on the lake bottom; strains, sprains, broken bones, and musculoskeletal
injuries including head, neck, and back injury; cuts, abrasions, and bruises; cardiac
related illness; equipment failure; condition of the property; exposure to the elements of
the outdoors and natural surroundings which could cause exhaustion, hypothermia,
hyperthermia (heat related illnesses), heat exhaustion, sunburn, dehydration; exposure
to potentially dangerous wild animals, insect bites, and hazardous plant life; passengers
and riders can be thrown off the vehicles, which can result in any of the above events
occurring; collision and flipping over; the negligent of participants, or other persons who
may be present, accidents or illness can occur in remote places without medical facility;
my own physical condition, and the physical exertion associated with these activities.

Further, MNjetboards.com owners have difficult jobs to perform. They seek safety, but
they are not infallible. They might be unaware of a participant’s fitness or abilities.
They might misjudge the weather or other environmental conditions. They may give
incomplete warnings or instructions, and the equipment being used might malfunction. I
accept these activities with all the defects it has, known or unknown.

Because these activities can be strenuous and subject to risk of serious injury,
Mnjetboards.com has urged me to have had a current and up-to-date physical
examination from a doctor prior to engaging in the use of the board. I agree that if I
engage in the use of the board, I do so entirely at my own risk.
I expressly agree and promise to accept and assume all the risk existing in these
activities. My participation is purely voluntary, and I elect to participate in spite of the
risks. I agree to participate in these activities with knowledge of the risks involved in
participating, including the risk created by other people who may be participating in
water activities at the same time as I am taking part. Other people may participate in
water activities with a lack of skill and may cause danger to me. I have an obligation to
myself and others participating to ride safely at all times. I will obey all directions given
to me by or on behalf of MNjetboards.com concerning my participation in use of the
board. I am aware of the safety regulations and the boundaries limits. I authorize
MNjetboards.com to interrupt or suspend my participation if they determine that I have
violated any of the safety regulations and will forfeit any amounts I have paid.

I hereby voluntarily release, forever discharge, and agree to indemnify and hold
harmless MNjetboards.com from and any and all claims, demands, or causes of action,
which are in any way connected to my participation in these activities or my use of the
board, including any such claims which allege negligent acts or omissions of
MNjetboards.com.

Should MNjetboards.com or anyone acting on their behalf be required to incur attorney's


fees and cost to enforce this Agreement, I agree to indemnify and hold harmless for all
such fees and costs.

I certify that I have adequate insurance to cover any injuries or damages I may cause or
suffer while participating, or else I agree to bear the cost of such injury or damage
myself. I further certify that I am willing to assume the risk of any medical or physical
condition I may have.

In the event that I file a lawsuit against MNjetboards.com, I agree to do so solely in the
state of Minnesota, and further agree that the substantial substantive law of Minnesota
shall apply to the action without regard to the conflict of laws rules of Minnesota. I
agree that if any portion of this agreement is found to be void or unenforceable, the
remaining documents shall remain in full force and effect.

By signing this document, I acknowledge that if anyone is hurt or property is


damaged during my participation in these activities, I may be found by a court of
law to have waived my right to maintain a lawsuit against MNjetboards.com on
the basis of any claim from which I have released them here in.

I have had sufficient opportunity to read this entire document. I have had an
opportunity to seek legal counsel regarding the same. I have read and
understood it, and I have agreed to be bound by its terms.

Date: ______________ Signature: _______________________________


RELEASE OF LIABILITY, ASSUMPTION OF RISK, WAIVER OF
CLAIMS, INDEMNIFICATION & BINDING ARBITRATION
AGREEMENT

Notice – By signing this document you may be waiving certain legal rights, including the
right to sue.

Release and Waiver of Claims; Assumption of the Risk; Indemnification


Agreement

In consideration of being allowed to use the vessel and participate in operating personal
watercraft (called the “Activity”) provided by MNjetboards.com LLC (the “Host”), the
Participant hereby agrees, to the fullest extent permitted by law, as follows:

1) TO WAIVE ALL CLAIMS that he/she has or may have against the Host arising out of
the Participant's participation in the Activity or the use of any equipment provided by the
Host, including while receiving instruction and/or training. As used herein, the term
“Equipment” shall include, but not be limited to, personal watercraft;

2) TO ASSUME ALL RISKS of participating in the Activity and using the Equipment,
even those caused by the negligent acts of conduct of the Host, its owners, affiliates,
operators, employees, and/or any entity to which the Host owes a contractual
indemnification obligation. The Participant understands that there are inherent risks of
participating in the Activity and using the Equipment, which may be both foreseen and
unforeseen and include serious physical injury and death;

3) TO RELEASE the Host, its owners, affiliates, operators, and/or any entity to which
the Host owes a contractual indemnification obligation, from all liability for any loss,
damage, injury, death, or expense that the Participant (or his/her next of kin) may suffer,
arising out of his/her participation in the Activity and/or use of the Equipment, including
while receiving instruction and/or training. The Participant specifically understands that
he/she is releasing any and all claims that arise or may arise from any negligent acts or
conduct of the Host, its owners, affiliates, operators, employees, and/or any entity to
which the Host owes a contractual indemnification obligation, to the fullest extent
permitted by law. However, nothing in this Agreement shall be construed as a release
for conduct that is found to constitute gross negligence or intentional conduct; and

4) TO INDEMNIFY the Host, its owners, affiliates, operators, employees, and/or any
entity to which the Host owes contractual indemnification obligation, from all liability for
any loss, damage, injury, death, or expense that the Participant (or his/her next of kin)
may suffer, arising out of participation in the Activity and/or use of the Equipment,
including while receiving instruction and/or training.

Photography/Video Release
Participant hereby grants to the Host, its representatives, and employees the right to
take photographs/videos of Participant in connection with Participant's participation in
these Activities. Participant hereby authorizes the Host to copyright, use, and publish
the same in print and/or electronically. Participant hereby agrees that the Host may use
such photographs of Participant for any lawful purpose, including but not limited to
publicity, illustration, advertising, and Web content.

Personal Responsibility

The Participant certifies that he/she has not physical or mental condition that
precludes him/her from participating in the Activities and that he/she is not
participating against medical advice.

The Participant understands that his/her participation in the Activities is


voluntary and further understands that he/she has the opportunity to inspect the
Host's equipment and vessels before any participation.

The Participant understands that he/she is obligated to follow the rules of the
Activities that he/she can minimize his/her risk of injury by doing so and through
the exercise of common sense and by being aware of his/her surroundings.

If, while participating in the Activities, the Participant observes any unusual
hazard or condition, which he/she believes jeopardizes his/her personal safety or
that of others, he/she will remove himself/herself from participation in the
Activities and immediately bring said hazard or condition to the attention of the
Host.

Binding Arbitration

The Participant, and the Participant's parent(s) or legal guardian(s) if the


Participant is a minor, hereby agrees to submit any dispute, claim, or
controversy, relating to and/or arising from (a) this Release of Liability,
Assumption of Risk, Waiver of Claims, Indemnification & Binding Arbitration
Agreement, (b) Participant's participation in the Activities, and/or (c) any other
interaction between the Participant and the Host, including the determination of
the scope or applicability of this agreement to arbitrate, to binding arbitration.
For such disputes, there shall be a three member arbitration panel, consisting of
two party-appointed arbitrators (one arbitrator to be appointed by each party) and
one neutral arbitrator (collectively, the Panel), to be chosen by the party-
appointed arbitrators. In the event that the two party-appointed arbitrators are
not able to agree on a third, neutral arbitrator, the neutral arbitrator shall be
appointed by the United States District Court, for the district in which the
Activities occurred. Each party shall pay its own costs, including the costs
associated with the party-appointed arbitrators, and the parties shall share
equally the costs associated with the neutral arbitrator. The arbitration
proceeding shall proceed in the State and County where the Activities occurred,
and shall be governed by the Federal Rules of Evidence. The Panel shall
establish a reasonable and appropriate discovery schedule to expeditiously
resolve this matter. As a threshold matter, the Panel shall confirm whether the
Waiver and Release contained in this Agreement are enforceable under
applicable law. Judgment on the Award may be entered in any court having
jurisdiction over the parties and controversy. Participant and the Host
specifically intent this Binding Arbitration provision to survive in the event that
any other portion of this Agreement is held invalid. NOTICE TO PARTICIPANT:
By signing this Agreement, you are giving up your right to commence litigation
against the Host in a court of law, and you are giving up your right to a trial by
jury.

To the extent that any portion of this Agreement is deemed to be invalid under the law
of the applicable jurisdiction, the remaining portions of the Agreement shall remain
binding and available for use by the Host and its counsel in any proceeding.

I HAVE READ AND UNDERSTAND THIS AGREEMENT AND I AM AWARE THAT BY


SIGNING THIS AGREEMENT I MAY BE WAIVING CERTAIN LEGAL RIGHTS,
INCLUDING THE RIGHT TO SUE.

ASSUMPTION OF RISK, RELEASE OF LIABILITY, WAIVER OF CLAIMS & BINDING


ARBITRATION AGREEMENT FOR MINOR PARTICIPANT

In consideration of being allowed to use the vessel and participate in personal


watercraft use and other activities (collectively the “Activities”) provided by
MNjetboards.com LLC (the “Host”), the Participant, and the Participant's parent(s) or
natural guardian(s) do hereby agree, to the fullest extent permitted by law, as follows:

a) TO WAIVE ALL CLAIMS that they have or may have against the Host, its
owners, affiliates, employees, agents, and/or any entity to which the Host owes a
contractual indemnification obligation, arising out of the inherent risks of
participating in the Activities and/or use of the Host's equipment (“Equipment”).
As used herein, the term “Equipment” shall include, but not be limited to,
personal watercraft;

b) TO ASSUME ALL RISKS INHERENT IN PARTICIPATING IN THE


ACTIVITIES AND USING THE EQUIPMENT; and

c) TO RELEASE the Host, its owners, affiliates, employees, agents, and/or any
entity to which the Host owes a contractual indemnification obligation, from all
liability for any loss, damage, injury, or expense forming the basis for a claim
and/or cause of action that the Participant [or his/her parent(s) or natural
guardian(s)] may suffer, arising out of the inherent risks of participation in the
Activities and/or use of the Equipment.

Photography/Video Release
Participant hereby grants the Host, its representatives, and employees the right to take
photographs/videos of Participant in connection with Participant's participation in the
Activities. Participant hereby authorizes the Host to copyright, use, and publish the
same in print and/or electronically. Participant hereby agrees that the Host may use
such photographs of Participant for any lawful purpose, including but not limited to
publicity, illustration, advertising, and Web content.

Personal Responsibility

The Participant's parent(s) or natural guardian(s) certify that the Participant has
no physical or mental condition that precludes him/her from participating in the
Activities or using the Equipment and that he/she is not participating against
medical advice.

The Participant and his/her parent(s) or natural guardian(s) understand the


Participant's participation in the Activities and use of the Equipment is voluntary
and further understand that they have the opportunity to inspect the Host's
vessels and Equipment before any participation.

The Participant and his/her parent(s) or natural guardian(s) understand that


Participant is obligated to follow the rules of the Activities and that he/she can
minimize his/her risk of injury by doing so and through the exercise of common
sense and by being aware of his/her surroundings.

If, while participating in the Activities and/or using the Equipment, the Participant
or his/her parent(s) or natural guardian(s) observe any unusual hazard or
condition, which they believe jeopardizes Participant's personal safety or that of
others, Participant and/or his/her parent(s) or natural guardian(s) will remove
Participant from participation in the Activities and/or use of the Equipment and
immediately bring said hazard or condition to the attention of the Host.

Participant's parent/natural guardian hereby agrees that he/she will explain to


his/her child that the risk of injury while participating in the Activities can be
reduced by following the rules and through the use of common sense and good
judgment.

Binding Arbitration

The Participant, and the Participant's parent(s) or natural guardian(s) if the


Participant is a minor, hereby agrees to submit any dispute, claim, or
controversy, relating to and/or arising from (a) this Assumption of Risk, Release
of Liability, Waiver of Claims & Binding Arbitration Agreement for Minor
Participant, (b) Participant's participation in the Activities, and/or (c) any other
interaction between the Participant and the Host, including the determination of
the scope or applicability of this agreement to arbitrate, to binding arbitration.
For such disputes, there shall be a three member arbitration panel, consisting of
two party-appointed arbitrators (one arbitrator to be appointed by each party) and
one neutral arbitrator (collectively, the Panel), to be chosen by the party-
appointed arbitrators. In the event that the two party-appointed arbitrators are
not able to agree on a third, neutral arbitrator, the neutral arbitrator shall be
appointed by the United States District Court, for the district in which the
Activities occurred. Each party shall pay its own costs, including the costs
associated with the party-appointed arbitrators, and the parties shall share
equally the costs associated with the neutral arbitrator. The arbitration
proceeding shall proceed in the State and County where the Activities occurred,
and shall be governed by the Federal Rules of Evidence. The Panel shall
establish a reasonable and appropriate discovery schedule to expeditiously
resolve this matter. As a threshold matter, the Panel shall confirm whether the
Waiver and Release contained in this Agreement are enforceable under
applicable law. Judgment on the Award may be entered in any court having
jurisdiction over the parties and controversy. Participant, Participant's parent(s)
or natural guardian(s), and the Host specifically intend this Binding Arbitration
provision to survive in the event that any other portion of this Agreement is held
invalid. NOTICE TO PARTICIPANT: By signing this Agreement, you are giving up
your right to commence litigation against the Host in a court of law, and you are
giving up your right to a trial by jury.

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
MNjetboards.com LLC 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 THE CHILD'S RIGHT AND YOUR RIGHT TO
RECOVER FROM MNjetboards.com LLC 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 MNjetboards.com LLC HAS THE
RIGHT TO REFUSE TO LET YOUR CHILD PARTICIPATE IF YOU DO
NOT SIGN THIS FORM.
To the extent that any portion of this Agreement is deemed to be invalid under the law
of the State of Minnesota, the remaining portions of the Agreement shall remain binding
and available for use by the Host and its counsel in any proceeding.
I/WE HAVE READ THE ABOVE WAIVER AND RELEASE, UNDERSTAND THAT I/WE
HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, HAVE NOT CHANGED IT
ORALLY, AND SIGN IT VOLUNTARILY.

Signature: ________________________________ Date Signed: ___________

Please indicate who will be riding:

Name: ___________________________ Minor? __ Yes __ No


Name: ___________________________ Minor? __ Yes __ No
Name: ___________________________ Minor? __ Yes __ No
Name: ___________________________ Minor? __ Yes __ No

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