Release of Liability, Waiver of Claim and Assumption of Risk AgreementI acknowledge that directly or indirectly, I am, or in the future will be, participating in activities ("Activities") provided by, or at, the Kata Rocks Resort, namely the Kata Rocks Poker Run. I further acknowledge that boating, sailing and related activities, including the use of docks and facilities, involve a certain degree of risk, including the possibility of death or injury to persons or property. I understand and acknowledge such risks and hereby voluntarily assume these risks.
As lawful consideration for being permitted to participate in these Activities, I agree that I will not make a claim against, sue, attack the property, or prosecute Kata Rocks, the sponsors of any Activities, or the aforementioned's respective principles, directors, officers, agents, employees, volunteers, heirs, assigns and insurance carriers ("Releasees") for death, personal injury or property damages that I may sustain as a result of my participation in the Activities. This agreement is intended to discharge in advance Releasees from and against any and all liability, asserted by me, my heirs or assigns, including liability for negligent actions, arising out of or connected in any way with my participation in the Activities.
I acknowledge that it is my responsibility to read and obey all posted information and warnings, and to comply promptly with any verbal instructions provided to me by Releasees in connection with the Activities. I acknowledge that I will not be under the influence of alcohol or other drugs while participating in the Activities. I further acknowledge that in connection with the Activities, I will fully indemnify the Releasees for any liability, claim, damage or expense of whatsoever nature caused by, contributed by, or arising from, the provision or consumption of alcohol or drugs regardless of whether prescribed or not, by me.
I also give permission for photographs and video to be taken at the event in which my image and that of my crew and boat may be used for promotional and/or advertising purposes by Releasees in any medium, without compensation to me.
I have carefully read this agreement and understand that it is a legal and binding contract that supersedes any other agreements or representations by or between parties and that it is intended to provide a comprehensive release of liability but is not intended to assert any claim or defenses that are prohibited by law. I hereby further agree that this agreement shall be construed in accordance with the laws of Thailand and that any legal dispute will be brought in the Courts of Thailand. I accept the personal jurisdiction of this court and I waive my right to a jury trial in connection with any such legal dispute. If any portion of this agreement is deemed unenforceable, the remainder shall be given full force and effect. I have signed this agreement of my own free will.
For participants of a minority age, I hereby certify that I, as parent/guardian with legal responsibility for this participant of minority age, do consent and agree to his/her release of all the Releasees, and, for myself, my heirs, assigns and next of kin, release and agree to indemnify the Releasees from any and all liabilities incident to this participant of minority age's participation in the Activities.