Waiver No.: ____________________
Employee: ____________________
BSR Cable Park & Parsons Barefoot Ski Ranch LLC
Participation Agreement, Indemnification Clause & Liability Wavier
(The activities at BSR Cable Park and Parsons Barefoot Ski Ranch are risky. Although many before you have
participated unharmed, severe injury or death is possible. This Document affects your legal rights. You must read
before initialing and signing it.)
Participant’s Name:__________________________________________________
Date of Birth:_____________ Age:_______
If under age 18, Name of Parent or Guardian:_____________________________
(If participant is under age 18, Parent must sign in front of BSR cable park employee or form must be notarized.)
Address:____________________________________________________________________________
City:_____________________________________ State:________________ Zip Code:_____________
Emergency Contact:______________________________ Emergency Phone:_____________________
Home Phone:______________________________ Mobile Phone:______________________________
Participant’s Email address:_____________________________________________________________
Insurance Carrier:________________________________ Policy No.:____________________________
I, the above-named Participant (“Participant” or “I”), being at least eighteen years old, or the parent or
legal guardian(collectively “Parent”) of Participant if Participant is under eighteen years old and on
Participant’s behalf, for good and valuable consideration, including but not limited to the services provided
by BSR Cable Park or Parsons Barefoot Ski Ranch, LLC, the rate charged for those services, and the
right to engage in all Participation Activities as set forth herein, whether as a participant, spectator, and/or
volunteer, hereby acknowledge, agree, promise and covenant with BSR Cable Park, Parsons Barefoot
Ski Ranch, LLC, the Property Owner(s) of the land and Premises upon which the Participant engages in
any and all Participation Activities and their respective affiliates, officers, trustees, members, managers,
shareholders, partners, agents, and employees, as well as their advertisers and sponsors and their
respective affiliates, officers, trustees, members, managers, shareholders ,partners, agents, and
employees (collectively the “Released Parties”) on behalf of myself, my heirs, assigns, personal
representatives, estate and successors as set forth in this Participation Agreement (the “Agreement”) as
follows:
ACKNOWLEDGEMENT OF RISKS: I UNDERSTAND AND ACKNOWLEDGE that while at BSR Cable
Park or Parsons Barefoot Ski Ranch, which includes all structures, buildings, equipment, machinery and
property associated therewith, including means of ingress and egress (the “Premises”), I may engage in
certain activities, which shall include, but not be limited to: swimming, diving (not allowed), floating,
submerging, wake boarding, water skiing, wake skating, knee boarding, slalom skiing, trick skiing,
jumping, being pulled by a cable, contacting ramps, steps, rocks, shorelines, walls, jumps, sliders, pipes,
debris, boards, other features, other devices, and other equipment or persons, whether in or out of the
water, driving to and from the Premises, using a cableway, renting equipment or using rental equipment,
using any trampoline or other features located at or on the Premises, occupying or being upon the
Premises, and viewing or watching any of these activities occur (collectively the “Participation Activities”).
I UNDERSTAND AND ACKNOWLEDGE that the Participation Activities in which I engage in are
voluntary and bear certain anticipated and unanticipated risks which could result in INJURY, DEATH,
ILLNESS, DISEASE, AND/OR PHYSICAL OR MENTAL DAMAGE to myself, other persons and
property. These risks include but are not limited to:
1. All risks inherent to the Participation Activities, including risk of injury or damage to my person and
property, death, dismemberment, disfigurement, and partial or total destruction of property;
2. The acts, omissions, negligence, or fault in any degree of any of the Released Parties;
3. Latent or apparent defects or conditions in the Premises, equipment or property supplied by any of the
Released Parties or other persons or entities at the Premises;
____ (By Initialing I agree I have read and understood the above terms and Conditions.)
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4. The condition or existence of any cable way, starting dock, ramps, steps, rocks, shorelines, lake
bottoms, walls, jumps, sliders, pipes, features, debris, other structures, automatic machines, or other
parts of the Premises and accidents connected therewith;
5. My own acts and omissions, as well as my physical condition and skill level, the acts or omissions of
the Released Parties, and the acts or omissions of other persons engaging in any Participation Activities;
6. First aid, emergency treatment, or other services rendered by Released Parties or others;
7. Consumption of any fluid or substance, whether or not provided by any Released Parties or others; and
8. The risks inherent in swimming or submerging myself in untreated water within the environment.
I UNDERSTAND AND ACKNOWLEDGE that the above list is not complete or exhaustive, and that
other risks, known or unknown, identified or unidentified, anticipated or unanticipated, whether incurred
during the course of any of the Participation Activities or otherwise at the Premises could also result in
injury, death, illness, disease or damage to myself other persons and property.
ACCEPTANCE OF RISK AND RESPONSIBILITY: I VOLUNTARILY AGREE, COVENANT AND
PROMISE TO ACCEPT AND ASSUME ALL RESPONSIBILITIES AND RISK FOR INJURY, DEATH,
ILLNESS, OR DISEASE to myself, other persons and property arising from my participation in any of the
Participation Activities and/or otherwise incurred while at or around the Premises. My engaging in any
Participation Activities is purely voluntary; no one is forcing me to participate in spite of the risks.
RELEASE: I INTEND TO AND DO HEREBY VOLUNTARILY RELEASE, FOREVER DISCHARGE AND
COVENANT NOT TO SUE, ASSERT OR OTHERWISE MAINTAIN ANY CLAIM AGAINST ANY AND
ALL OF THE RELEASED PARTIES from or for any and all loss, damages, liability, claims,
demands, actions, causes of action, suits, judgments, defense costs, and all costs of whatever
nature, including reasonable attorneys’ fees, and all other amounts which are related to, arise out
of, or are in any way connected with my participation in any of the Participation Activities, or
otherwise incurred while upon the Premises, including, but not limited to, any and all suits
or claims of negligence, fault or strict liability of any of the Released Parties for any and all injury,
death, illness or disease, and damage to myself, other persons or property. IN SIGNING THIS
DOCUMENT, I FULLY RECOGNIZE THAT I AM WAIVING VALUABLE LEGAL RIGHTS. IF ANYONE
(INCLUDING MYSELF) IS HURT OR DIES, OR PROPERTY IS DAMAGED WHILE I AM ENGAGED IN
THE PARTICIPATION ACTIVITIES OR OTHERWISE WHILE ON THE PREMISES, I WILL HAVE NO
RIGHT TO MAKE A CLAIM OR FILE A LAWSUIT AGAINST ANY OF THE RELEASED PARTIES
EVEN IF I BELIEVE ANY OF THE RELEASED PARTIES CAUSED OR EVEN SOLELY CAUSED
INJURY OR DAMAGE. The Agreement shall be binding upon my heirs, legal representatives,
executors, and administrators and is for the benefit of the Released Parties, and each of them, and
their respective heirs, successors and assigns.
INDEMNIFICATION: Participant wants to engage in the Participation Activities and is doing so entirely
upon Participant’s own initiative, risk and responsibility. Participant is aware of all risks and hazards
inherent in engaging in any of the Participation Activities or utilizing any of the facilities or being upon on
the Premises. Therefore, in consideration of being upon the Premises, using BSR Cable Park’s facilities
or rental equipment or engaging in the Participation Activities, whether with or without charge, I
FURTHER AGREE, PROMISE AND COVENANT TO HOLD HARMLESS AND TO INDEMNIFY EACH
OF THE RELEASED PARTIES from any and all loss, damages, liability, claims, demands,
actions, causes of action, suits, judgments, defense costs, and all costs of whatever nature,
including reasonable attorneys’ fees, and all other amounts which are related to, arise out of, or
are in any way connected with my participation in any of the Participation Activities, or otherwise
incurred while upon the Premises.
INDEMNITY REGARDING USE OF PREMISES, INCLUDING BUT NOT LIMITED TO THE CABLEWAY:
Participant agrees to indemnify, hold harmless, and defend the Released Parties and all other businesses
on Premises from and against any and all losses, claims, liabilities and expenses, including reasonable
attorney fees, if any, which the Released Parties or any business on the Premises may suffer or incur in
connection with my use or misuse of any part of the facilities or the cableway. This indemnity shall also
apply to my spouse, heirs, next of kin, executors, and administrators.
____ (By Initialing I agree I have read and understood the above terms and Conditions.)
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ADDITIONAL PARENT INDEMNITY OF RELEASED PARTIES: IF ANY RELEASE OR INDEMNITY IN
THIS AGREEMENT THAT ANY PARENT AGREES TO ON BEHALF OF A MINOR PARTICIPANT IS
FOUND INVALID OR UNENFORCEABLE IN WHOLE OR PART, PARENT HEREBY AGREES TO
INDEMNIFY AND HOLD THE RELEASED PARTIES HARMLESS from any and all loss, damages,
liability, claims, demands, actions, causes of action, suits, judgments, defense costs, and all
costs of whatever nature, including reasonable attorneys’ fees, and all other amounts which are
related to, arise out of, or are in any way connected to or incurred by Participant making or
obtaining any claim, lawsuit, award, or judgment against the Release Parties or any of them.
ACKNOWLEDGMENT OF EFFECT OF THIS AGREEMENT: I UNDERSTAND AND ACKNOWLEDGE
that by signing this document I have given up certain rights and claims which I might otherwise
assert or maintain against the Released Parties, including but not limited to, rights arising from or
claims for the acts or omissions, fault, and negligence in any degree of any of the Released
Parties. I ASSUME SOLE RESPONSIBILITY AND LEGAL LIABILITY for all claims or other legal
demands, including defense costs, which may be asserted by other parties against me as a result
of my participation in the Participation Activities or use of the Premises. All rights provided for
under law, including those under V.T.C.A., Civil Practice & Remedies Code 75.001 et seq., are
reserved as additional and supplemental to those provided for in this Agreement.
PARTICIPANT MEDICAL CARE, INSURANCE BENEFITS, AND PHYSICAL CONDITION: I
UNDERSTAND AND ACKNOWLEDGE that no major medical or accident insurance benefits will be
provided to me while engaging in any of the Participation Activities. I certify that I have sufficient health,
accident, and personal liability insurance to cover any bodily injury or property damage that I may incur
while participating in the Participation Activities, and to cover bodily injury or property damage caused to
another party as a result of my participation in the Participation Activities. If I have no such insurance, I
certify that I am capable of personally paying for any and all such expenses or liability. I understand and
acknowledge that the Participation Activities require significant physical exertion and require the
Participant to be in a healthy physical condition sufficient to handle the physical exertion required for the
Participation Activities. Participant acknowledges and agrees that the Released Parties shall have no
obligation to judge or determine a Participant’s physical condition or ability to handle the physical
requirements of the Participation Activities. I FURTHER ACKNOWLEDGE that I am in good physical
and mental health, and am not suffering from any condition, disease or disablement that would or
could potentially affect my participation in the Participation Activities. I give my consent and
permission to BSR Cable Park and Parsons Barefoot Ski Ranch, the Released Parties, its affiliates and
partners, and medical personnel to obtain or administer on my behalf first aid and emergency medical
treatment in case of sickness, accident, or injury, and to secure medical care at my expense and to make
decisions concerning medical care if I am unable to do so or if in the case of my minor child, I am unable
to be reached. I give consent for drug testing to be performed in the event of any accident or during the
course of any medical care or treatment.
PHOTO & VIDEO RELEASE: I, for sufficient consideration, receipt of which is hereby acknowledged,
hereby irrevocably grant BSR Cable Park and Parsons Barefoot Ski Ranch, its successors, affiliates, and
partners the right to record my likeness and/or voice 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 the Released Parties 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. I hereby grant BSR Cable Park and Parsons Barefoot Ski Ranch,
its successors, affiliates, and partners the exclusive right to review, edit, and control all tape, film or digital
media that I create or own that depicts the Premises or has been recorded at the Premises. I understand
and acknowledge that BSR Cable Park and Parsons Barefoot Ski Ranch, its successors, affiliates, and
partners shall have sole and exclusive control of any of my tapes, films or digital media that depicts the
Premises or is recorded upon the Premises and that they may, in their sole discretion, request I remove
any such tape, film or digital media from my possession or from any website or video. I further understand
____ (By Initialing I agree I have read and understood the above terms and Conditions.)
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and agree that should I fail to cooperate or fail to cause any tape, film, or digital media to be removed, I
agree to pay BSR Cable Park or Parsons Barefoot Ski Ranch, its successors, affiliates, and partners all
costs, including reasonable attorneys’ fees incurred in obtaining such removal.
ENTIRE AGREEMENT: I understand that this is the entire agreement between the Released Parties and
myself, that it is for our mutual benefit, and that it cannot be modified or changed in any way by the
representations or statements of any of the Released Parties, their employees or agents, or by myself. I
am at least 18 years of age, of sound mind, and not under the influence of any drugs or alcohol at this
time. My signature below indicates that I have read this entire document, understand it completely, and
agree to be bound by its terms. If I am the parent or guardian of the Participant, I agree to be bound by
the terms and conditions of this Agreement and shall be responsible for the actions of the Participant. I
further agree to comply with all Rules and Regulations set forth on Page 4-5 of this Agreement in
engaging in the Participation Activities.
SAVINGS CLAUSE: To the extent any provision contained herein is determined or adjudged to be
unenforceable for any reason, then any such portion herein shall be reformed only as necessary to
conform to the law and shall not otherwise be wholly stricken. For example, if and to the extent any
release or indemnity shall not apply as to one of the Released Parties, it shall otherwise remain in force
and effect as to all other Released Parties. Any portions herein determined or adjudged to be
unenforceable shall not affect the remaining provisions, which shall remain in force and effect.
AFFIRMATION OF PARTICIPANT, PARENT, OR LEGAL GUARDIAN:
EIGHTEEN YEARS OR OLDER: I, the undersigned Participant, understand that as a condition for my
participation in the Participation Activities, I must sign certain legal documents, including this Participation
Agreement, Indemnification, and Liability Waiver. I am signing all such documents, freely, without any
fraud or duress, and acknowledge that I have read, understand, and agree to be bound to the same.
UNDER EIGHTEEN YEARS OLD: I, the undersigned, declare that I am the parent or the legal guardian
of this minor, and have the legal capacity to execute documents on behalf of such minor. I understand
that as a condition for my child to participate in activities, rides or events at the Premises, I must sign
certain legal documents, including this Participation Agreement, Indemnification, and Liability Waiver. I
am signing all such documents, freely, without any fraud or duress, and acknowledge that I have read,
understand, and agree to be bound to the same. **In the event that it is determined that I am
not the parent or legal guardian of the minor, or did not have the legal capacity to execute the
documents on behalf of said minor, then I agree to defend and indemnify (See Indemnification
above for details) the Released Parties if any litigation is instituted, as a result of any injury or
death or claim for damage arising out of, relating to, or in any way connected with, minor’s
participation in Participation Activities at the Premises**
SIGNATURE OF PARTICIPANT:_____________________________________ DATE: ______________
SIGNATURE OF PARENT/GUARDIAN: ______________________________ DATE: ______________
(If Participant is under age 18, their parent or legal guardian must sign this Agreement. Through
singing, signatory represents and warrants under the penalty of perjury that he or she is the
parent or legal guardian of Participant)
SIGNATURE OF BSR CABLE PARK EMPLOYEE:
_________________________________________ DATE: _______________________________
PRINTED NAME OF BSR CABLE PARK Employee: ____________________________________
____ (By Initialing I agree I have read and understood the above terms and Conditions.)
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RULES AND REGULATIONS:
All riders and persons who visit BSR Cable Park must use common sense at our facility and in riding
behind the cable and encountering the features we have provided for your enjoyment. If a patron or rider
has any questions, they should let the BSR Cable Park staff know right away. In addition, all persons
must follow these rules when at BSR Cable Park:
1. Persons may not participate in activities unless they have a signed liability waiver on file with BSR
Cable Park. If a participant is under age 18, their parent or legal guardian must sign this document in
the presence of a BSR Cable Park employee.
2. Participants will not be allowed to enter or remain on the Premises unless they are wearing
appropriate protective and safety gear for the Participation Activities in which they are participating.
3. Participants must wear U.S.C.G. approved floatation devices while in the water or using the cable
System.
4. Participants must engage in Participation Activities in a safe manner at all times and avoid collisions
with other persons.
5. Participants may engage in Participation Activities in designated areas only.
6. Participants must obey all safety instructions from BSR Cable Park at all times.
7. Fighting or other aggressive or disruptive behavior is not tolerated and may lead to ejection from the
Premises.
8. No food or drink may be brought onto the Premises and participants may not consume food and drink
in prohibited areas.
9. Smoking is only allowed in designated areas.
10. Equipment or gear not required for participation in the Participation Activities and any other items
must be stored in locations outside the Participation Activities locations.
11. No illegal drugs are allowed on the Premises.
12. No profanity or vulgar language is permitted on the Premises.
13. No weapons are allowed on the Premises.
14. No pets other than Seeing Eye animals are allowed on the Premises.
15. No contests of any sort are allowed on the Premises unless organized and run by BSR Cable Park or
other authorized persons.
16. BSR Cable Park reserves the right to terminate any membership or pass at any time and to eject any
anyone at any time for any reason.
17. Safeguard your valuables and possessions at all times. BSR Cable Park is not responsible for lost
and/or stolen items.
18. Alcohol may not be consumed prior to or during participation in any Participation Activities.
19. Participants must obey all posted rules.
20. Violations of rules may results in ejection from the premises and cancellation of all tickets, passes,
and memberships without refund.
21. Parking upon BSR Cable Parks Premises is for the convenience of patrons only. Cars should be
locked at all times. BSR Cable Park is not responsible for any damage to any vehicle or theft.
I UNDERSTAND AND ACKNOWLEDGE that BSR Cable Park reserves the right to modify these rules as
well as to post additional rules that I must comply with upon the premises.
____ (By Initialing I agree I have read and understood the above terms and Conditions.)
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