Before you come out
Section 1
WHAT THE DAY IS
You are coming out on a wakesurf boat on Table Rock Lake with Captain Ryan Cash. He operates the boat, you and your group ride, and the day runs four, six or eight hours. This form is what he reads before the boat leaves, so please fill it in yourself rather than letting someone do it for you.
Section 2
WHAT WE'LL BE DOING
Depending on the day, the water and what your group wants, that may include any of these: wakesurfing, skimboarding, hydrofoiling, wakeboarding, riding a Zup board, kneeboarding, riding towable tubes, wake skiing, water skiing and slalom skiing. It also includes swimming and floating near the boat, getting on and off the boat, and riding on the boat while it is under way.
You do not have to try any of it. Sitting on the back with a drink is a completely normal way to spend the day, and nobody will push you.
Section 3
WHAT RYAN DOES
He is normally the one operating the boat.
There is a life jacket on board for everyone, in the right size. Children 6 and under wear one at all times. Over 6, wearing one in the boat is optional, and for older children that is up to their parents. Anyone taking part in water sports wears one while they are doing it. Anyone who tells him they are not a strong swimmer should wear one.
He watches the weather and the water, and he calls the day if it turns. If he says the day is over, the day is over. That is not him being difficult with your afternoon. If the call is made to end early, it is for everyone's safety.
He is a USCG Licensed Master Captain. He carries the safety equipment the Coast Guard and Missouri require, and he will do his best to make sure everyone is safe and everyone is having fun.
Section 4
WHAT YOU'RE TELLING HIM
This is the part that actually matters on a bad day, so please be accurate rather than brave.
How well you swim. Not how well you would like to swim. If you would struggle to get yourself back to a boat in deep water with a jacket on, say so - it changes where he puts the boat and how closely he watches.
Anything medical that matters in the water. Heart conditions, seizures, diabetes, asthma, recent surgery, a shoulder or a knee that comes out, pregnancy, anything you take medication for, anything that would change what a paramedic should know. He is not going to make a thing of it and he is not going to stop you coming. He just needs to know before you are two hundred yards from the boat rather than after.
Someone to call. A name and a number for a person who is not on the boat with you.
If any of this changes between now and the trip, tell him. A text is fine.
Section 5
YOU UNDERSTAND AND ACCEPT THESE RISKS
You have read what is above. You understand that being on and around a boat, and being towed behind one, carries a real risk of serious injury, permanent disability and death, to you, and to any child you are bringing.
You are choosing to do it anyway, knowing that, and you accept those risks. That includes risks that are an ordinary part of these activities and risks that nobody thought to write down here.
Section 6
RELEASE OF LIABILITY, INCLUDING NEGLIGENCE
READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS. IT RELEASES CLAIMS FOR NEGLIGENCE.
In exchange for being allowed to take part, you, on behalf of yourself, your spouse, your children, your heirs, your estate and anyone claiming through you, RELEASE, WAIVE, DISCHARGE AND AGREE NOT TO SUE Ryan Cash, Lake Playdate, and their agents, employees, guests and the owner of the vessel (together, "the Released Parties") from any and all claims, demands, actions, causes of action, liabilities, damages, costs and expenses of any kind, including claims for personal injury, permanent disability, death and property damage, ARISING OUT OF OR RESULTING FROM THE ORDINARY NEGLIGENCE OF THE RELEASED PARTIES, whether that negligence is active or passive, and whether it arises from the operation of the vessel, the condition or maintenance of the vessel or its equipment, instruction or supervision, the selection of equipment, the decision to go out or to continue, rescue or attempted rescue, or the acts or omissions of other participants.
YOU ARE GIVING UP YOUR RIGHT TO BRING A CLAIM FOR NEGLIGENCE. This release is intended to be as broad as Missouri law allows and to be read as covering the Released Parties' own negligence, and it is intended to survive the trip.
Section 7
IF YOU ARE BRINGING CHILDREN
If you are signing for a child under 18, name them below and tell us your relationship to them.
Be clear about what this does and does not do. Missouri law does not clearly allow a parent or guardian to sign away a child's own right to bring a claim, and this form does not pretend otherwise: your child may still have claims of their own when they are older, and nothing here is intended to take those away.
What you ARE agreeing, for each child you name: that you have the legal authority to make this decision for them; that you have read what is above and accept these risks on their behalf as their parent or guardian; that you release your OWN claims arising from any injury to that child, including your claims for their medical expenses, for loss of their companionship, and any claim you could bring as their parent; and that if someone brings a claim on that child's behalf, you will indemnify the Released Parties to the extent Missouri law allows, except for gross negligence, recklessness, or willful or intentional acts.
You are also confirming you will be on the boat with them, or that a named adult you have arranged will be.
Section 8
YOUR SIGNATURE
By typing your name below you are signing this document electronically, and that signature has the same effect as one written by hand.
You are confirming that you are 18 or older, that you have read all eight sections, that what you have told us about swimming, health and your emergency contact is true and complete, and that you are signing freely and not under the influence of alcohol or anything else that affects your judgment.
If you are under 18 you cannot sign this yourself. A parent or guardian has to sign for you.
We keep a record of what you signed, when you signed it, and the exact wording of the version you saw.