In consideration of being permitted to use the slalom waterski course on Dubes Pond and to access the pond through property owned by the Dube Family — and being permitted to participate in any way in athletic and recreational waterskiing activities on Dubes Pond, including but not limited to slalom, trick, wakeboard, foil, tube, free-ski, instruction, coaching, tournaments, practice sessions, social and on-water events, and use of the docks, boats, equipment, and surrounding premises — the undersigned (“Participant,” or if a minor, the Participant’s parent or legal guardian on behalf of the minor), whether a Club member or a guest:
- Agree that prior to participating, the Participant (or the parent or legal guardian of a minor) will inspect the facilities and equipment to be used, and if anything is believed to be unsafe, will immediately advise the coach, driver, or supervising club member of such condition(s) and refuse to participate.
- Acknowledge and fully understand that each Participant will be engaging in activities that involve the risk of serious injury, including permanent disability and death, and severe social and economic losses. These risks specifically include, but are not limited to: drowning; hypothermia; near-drowning and shallow-water blackout; collision with the boat, ski line, pylon, dock, course buoys, shore, other skiers, swimmers, or watercraft; propeller strike and other contact with the boat’s drive system; spinal, head, neck, and orthopedic injuries; injuries from falls at high speed; impact with the water surface; entanglement in the towrope; striking submerged or floating objects; injuries from changing weather, wind, wake, current, or water conditions; equipment failure or malfunction; and injury caused by the action, inaction, or negligence of boat operators, drivers, observers, coaches, other Participants, or third parties. The Participant further acknowledges that other risks may exist that are not known to the Participant or to the Releasees, or that are not reasonably foreseeable at this time, and the Participant accepts those risks as well.
- Assume all of the foregoing risks and accept personal responsibility for the damages following such injury, permanent disability, or death.
- Release, waive, discharge, and covenant not to sue The Dubes Pond Waterski Club and its members, officers, directors, agents, coaches, drivers, observers, volunteers, and employees; NH H2O Skiers, LLC; Team Spoiled, LLC; Carol Dube; the DUBE FAMILY TRUST dated April 11, 2005 (including its trustees, successor trustees, and beneficiaries, in their capacities as such); and the Dube Family (including its individual members, heirs, successors, and assigns); as well as their respective affiliated entities, administrators, directors, officers, agents, coaches, employees, contractors, insurers, other participants, sponsoring agencies, sponsors, advertisers, and the owners, lessors, and lessees of the premises used to conduct the activities (all of the foregoing collectively referred to as the “Releasees”), from any and all liability to the undersigned, their heirs, executors, administrators, spouses, and next of kin, for any and all claims, demands, losses, costs, attorneys’ fees, or damages on account of injury, including death, or damage to property (including but not limited to damage to boats, motors, outboards, trailers, skis, ropes, vests, personal equipment, vehicles, docks, and any other property), caused or alleged to be caused in whole or in part by the negligence of the Releasees or otherwise, to the fullest extent permitted by the laws of the State of New Hampshire.
- Indemnify, defend, and hold harmless the Releasees from and against any and all claims, demands, suits, judgments, liabilities, damages, losses, costs, expenses, and attorneys’ fees (including those incurred in defense of any claim) arising out of or in any way connected with: (a) the Participant’s participation in Club activities; (b) the Participant’s use of the slalom course, boats, equipment, or the Dube Family property; (c) any injury or damage caused or alleged to be caused by the Participant to any other person or property; or (d) the Participant’s violation of any Club rule, regulation, or applicable law. This indemnity obligation applies regardless of whether the underlying claim is asserted by the Participant, the Participant’s family, another Club member, a guest, a third party, or any insurer or successor of any of them.
- Acknowledge that the Club does not undertake a duty to supervise. The Participant is solely responsible for the Participant’s own safety, for the safety of any minor for whom the Participant is signing, and for the Participant’s own conduct on and around the pond. The Club, its officers, members, and volunteers do not undertake any duty to supervise, monitor, screen, train, or ensure the safety of any Participant, boat operator, driver, observer, or guest. The presence of other Club members on the water or on the property does not constitute supervision, approval, or endorsement of any Participant’s skill level, equipment, or conduct.
- Acknowledge that the Club does not provide insurance for Participants. The Participant understands that The Dubes Pond Waterski Club does not provide health, accident, medical, liability, or property insurance covering the Participant, the Participant’s family members, the Participant’s guests, or any property the Participant brings onto the premises or onto the water. The Participant is solely responsible for maintaining such insurance as the Participant deems appropriate, including boat liability coverage for any boat the Participant operates on the pond.
- Authorize emergency medical treatment. In the event of an injury or medical emergency, the Participant (and, for a minor, the parent or guardian) authorizes the Club, its officers, members, and any first responder to summon emergency medical services and to obtain such emergency medical treatment as may be reasonably necessary, and agrees to be solely responsible for the cost of any such medical care, transport, and treatment. The Participant should disclose any material medical conditions, allergies, or medications to the Club in advance where relevant to participation.
- Parent/Guardian representations for minors. If the Participant is a minor, the parent or legal guardian signing below represents and warrants that: (a) they have full legal authority to sign this Agreement on behalf of the minor; (b) they have read and explained the terms of this Agreement to the minor to the extent appropriate for the minor’s age and understanding; (c) they assume, individually and on behalf of the minor, all risks associated with the minor’s participation; (d) they release the Releasees on behalf of themselves, the minor, and the minor’s heirs and next of kin; and (e) they agree to indemnify the Releasees from any claim brought by or on behalf of the minor that is inconsistent with this Agreement, to the fullest extent permitted by New Hampshire law.
- Agree to abide by the Rules and Regulations established by The Dubes Pond Waterski Club (including any rules governing use of the slalom course, boats, and access to and from the pond), as set forth in the Club’s separate Safety Rules document, and to promote the ideals and standards of the Club and the sport of waterskiing to the best of the Participant’s ability. The Participant acknowledges that those Safety Rules are provided and acknowledged separately and that the Participant’s obligations under this Agreement are independent of them.
- Acknowledge that while the waters of Dubes Pond are owned by the State of New Hampshire, the surrounding real property — including the access points, shoreline, docks, and land used to launch, retrieve, observe, and otherwise support waterskiing activity — is privately owned by the Dube Family. Access to and through this private property, and use of the slalom course sited on the pond, are privileges extended by the Dube Family and The Dubes Pond Waterski Club, and these privileges may be revoked at any time, with or without cause, by the Dube Family or the Club.
- Grant permission to the Club to use the Participant’s name, voice, likeness, and any photographs, video, or audio recordings taken during Club activities for non-commercial Club purposes (website, social media, newsletters, promotional materials). The Participant may revoke this permission in writing at any time as to future use.
General Provisions
Governing Law and Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of New Hampshire, without regard to its conflict-of-laws principles. The Participant agrees that any dispute arising out of or relating to this Agreement, the Participant’s participation in Club activities, or the Participant’s use of the Dube Family property shall be brought exclusively in the state or federal courts located in the State of New Hampshire, and the Participant consents to the personal jurisdiction and venue of those courts.
Severability. If any provision of this Agreement is held to be invalid, void, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. Any unenforceable provision shall be reformed only to the minimum extent necessary to make it enforceable while preserving the parties’ original intent.
Entire Agreement; Survival. This Agreement constitutes the entire agreement between the Participant and the Releasees regarding the subject matter hereof and supersedes any prior oral or written understandings. The Safety Rules of The Dubes Pond Waterski Club are maintained as a separate document and are not incorporated into or made part of this Agreement; the Participant’s compliance or non-compliance with those Safety Rules, or with any other Club rule, regulation, or directive, shall not in any way limit, condition, void, or otherwise affect the releases, indemnities, and other protections granted to the Releasees under this Agreement, all of which apply regardless of any rule violation by the Participant or any other person. The releases, indemnities, representations, and acknowledgments set forth in this Agreement shall survive the termination of the Participant’s membership, guest status, or other relationship with the Club.
No Oral Modification. No waiver, amendment, or modification of this Agreement shall be effective unless in writing and signed by an authorized officer of the Club.
Voluntary Execution. The Participant acknowledges that they have had a reasonable opportunity to read this Agreement, to ask questions about it, and to consult with legal counsel of their choosing before signing. The Participant is signing voluntarily, without duress, and with full understanding of its terms.
I/we have read the above waiver and release, understand that I/we give up substantial rights by signing it, and sign it voluntarily.
This waiver must be signed by every individual who uses the Dubes Pond slalom waterski course, whether as a Club member, family member, guest, or one-time user. For a family unit, both adult parents/guardians should sign and all minor children should be listed below.