IMPORTANT - PLEASE READ CAREFULLY
WAIVER AND FINAL RELEASE
The undersigned jointly and severally, for good and valuable consideration, the receipt and sufficiency of which from each of the above is hereby expressly acknowledged by the undersigned, does by these presents for the undersigned and for the undersigned's heirs, executors, administrators, legal personal representatives, successors and assigns hereby acknowledges that the undersigned will:
I. Be a participant utilizing a high performance watercraft (The "Vessel") that will participate in certain recreational events (the "Events") during which the Vessel may reach high speeds on the water. The undersigned may disembark from the Vessel from time to time; and
II. Travel on the Vessel and participate in Events, on, in conjunction with or ancillary to the Vessel, all of which participation by the undersigned may expose the undersigned to property damage or loss, or grievous personal injury or death.
The undersigned hereby waives any claim against West Michigan Offshore and against any sponsors, officers, escort organizers or committee or municipal officials or any municipal governments or agencies in connection with the Events and forever remises, releases and forever discharges each of the above and their respective successors and assigns, employees, agents, shareholders, directors of officers (hereinafter collectively called the Releasee) from and against any and all claims and demands, at law or in equity, against the Releasee or anyone of them, which the undersigned or anyone of them ever had, now has, or which the undersigned hereafter can, shall or may have for, or by reason of, or arising out of any obligations owed by the above or any of them to the undersigned as a result of damages, loss, injury or death, directly or indirectly, whether to personal property or to the undersigned personally, occasioned generally by traveling in or on the Vessel, or in any way participating in the Events or otherwise generally related to the Vessel or any other activity ancillary to or associated with the Events.
AND FOR THE SAID CONSIDERATION, the undersigned further agrees not to make any claim, or take any proceedings against any other person or corporation who might claim contribution or indemnity under any applicable law of any competent jurisdiction governing the Events or claiming jurisdictional rights, including without limiting the generality of the foregoing, under the provisions of any competent jurisdiction, and the amendments thereto from the person, persons or corporations discharged and released by this Waiver and Final Release.
The undersigned expressly acknowledges that:
I. the undersigned is executing this Waiver and Final Release of the undersigned's own free will, without duress, coercion or threat or compulsion;
II. the undersigned has had ample opportunity and forewarning to consider the effect and consequences of the signing this Waiver and Final Release prior to participating in the Events;
III. any WMO event is not a race and that speed in no way determines the outcome of the event and the undersigned hereby agrees to abide by any and all rules, directives, terms and conditions of the event, as set forth by any of the organizers and/or committee officials, either verbally or in writing, before or during the event; and
IV. the Vessel named in the application is in safe operating condition and complies with and meets and is equipped with all prescribed equipment and requirements of the laws of any competent jurisdiction governing the Events.