WATER SKIING, BOATING AND ACTIVITIES

IN AND AROUND WATER ARE DANGEROUS.

THUS, WE REQUIRE ALL PARTICIPANTS TO

ASSUME ALL RISK BY SIGNING THIS RELEASE

Imperial Lakes Homeowner's Association

Release, Waiver of Liability, Indemnity Agreement & Covenant Not to Sue

Instructions

1. Participants age 18 and over, complete Part "A" only.

2. Participants under age 18 must have parent or guardian complete Parts "A" & "B"

PART "A"

"Release, Waiver of Liability, Indemnity Agreement & Covenant Not to Sue" (hereinafter "Release")

For purposes of this Release, "Use" (in its various noun and verb forms) includes but is not limited to participating in water skiing, participating in other water related activities, participating in non-water related activities, entering; residing on or in, eating, competing at, officiating at, observing, working, and participating in any activity whatsoever or using any facilities or equipment whatsoever.

In consideration of being permitted to Use IMPERIAL LAKES, located at 2828 West Evan Hewes Highway, Imperial, California 92251 (hereinafter "IMPERIAL LAKES"), the undersigned, for him/himself (hereinafter male gender includes female gender) and for the minor named below, if any, (hereinafter both referred to as "Participant") and for such Participant's personal representatives, heirs and next of kin, agrees and represents that he has, or will immediately upon entering the property known as and will continuously thereafter, inspect IMPERIAL LAKES and all portions thereof which he enters and with which he comes in contact. Participant does further warrant that his entry upon IMPERIAL LAKES and his Use of IMPERIAL LAKES constitutes an acknowledgment that he has inspected IMPERIAL LAKES and that he finds accepts the same as being safe and reasonably suited for the purposes of his Use. Participant further agrees and warrants that if at any time, he is in or about IMPERIAL LAKES and feels anything to be unsafe, he will immediately advise the officers of IMPERIAL LAKES in writing of any such unsafe condition and will immediately leave the IMPERIAL LAKES property. Participant further understands that IMPERIAL LAKES is intended solely for the private non-commercial recreational Use of its Owners and their guests and that guests of Owners are neither permitted nor required to pay anything of value for the USE of IMPERIAL LAKES nor are Owners permitted or authorized to accept anything of value for a guest's USE of IMPERIAL LAKES. Thus Participant further agrees and warrants not to payanything of value to any Owner for the Use of Imperial Lakes.

1. PARTICIPANT HEREBY RELEASES, WAIVES LIABILITY AGAINST, DISCHARGES AND COVENANTS NOT TO SUE IMPERJAL LAKES HOMEOWNERS ASSOCIATION, (hereinafter "Association"), its officers, directors, shareholders and employees, other participants, operators, officials, any persons at IMPERJAL LAKES, sponsors advertisers, owners, and lessees of IMPERJAL LAKES, and each of them, their officers and employees, all hereinafter individually or collectively referred to as "Releasees," from any and all liability to Participant, his personal representatives, assigns, heirs and next of kin for any and all damage, and any claim or demands therefore on account of injury to the Participant's person or property or resulting in Participant's death, whether caused by the active or passive negligence of the Releasees or otherwise while the Participant is in or upon IMPERJAL LAKES or Using IMPERJAL LAKES.

2. PARTICIPANT HEREBY AGREES TO INDEMNIFY AND SAVE AND HOLD HARMLESS the Releasees and each of them from any loss, liability, damage, or cost they may incur due to the presence of Participant in or upon IMPERIAL LAKES or due to the Participant's Use of IMPERIAL LAKES, whether caused by the active or passive negligence of the Releasees or otherwise.

3. PARTICIPANT HEREBY ASSUMES FULL RESPONSIBILITY FOR AND RISK OF BODILY INJURY, DEATH OR PROPERTY DAMAGE due to the active or passive negligence of Releasees or otherwise while in or upon IMPERIAL LAKES and/or while Using IMPERIAL LAKES. PARTICIPANT understands and assumes all the risks of participating in or being at and around water skiing or other water activities. Participant understands that the waters of IMPERIAL LAKES are shallow, and many hazards exist in and around the water. Participant agrees that if action is instituted against the Association or its owners, Participant shall pay such sum as the Court may fix as attorney's fees.

4. PARTICIPANT further expressly agrees that the foregoing Release is intended to be as broad and inclusive is permitted by the laws of the STATE OF CALIFORNIA, and that if any portion of this Release is held to be invalid, It is agreed that the balance shall, notwithstanding, continue in full legal force and effect.

5. PARTICIPANT warrants, by signing this Release, that Participant 's statements made in this Release are true and correct and understands that the Releasees have relied on them in entering into the foregoing Release and in giving the Participant permission to Use IMPERIAL LAKES.

THE PARTICIPANT HAS READ AND VOLUNTARILY SIGNS THIS RELEASE, WAIVER OF LIABILITY, INDEMNITY AGREEMENT & COVENANT NOT TO SUE, and further agrees that no oral representations, statements or inducement apart from the foregoing written agreement have been made.

This Release specifically embraces each and every Use of IMPERIAL LAKES.

Signed-

Witness-

Print Name- Print

Name- Date

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PART "B" –PARENT/GUARDIAN WAIVER RELEASE FROM LIABILITY

If participant is under 18 years or age, the parent(s) or guardian(s) must execute in addition to the above, the following waiver:

The undersigned (Print)referred to as the parent(s) and natural guardian(s) or legal guardian(s) of (Print)does thereby represent that he/she [they] is [are] in fact acting in such capacity and agrees to save and hold harmless and indemnity each and all of the parties herein referred to above as Releasees from all liability, loss, cost, claim or damage whatsoever may be imposed upon said Releasees because of any defect in or lack of such capacity to so act and release said Releasees on behalf of both of the undersigned.

Signed Relationship to

Minor

Witness Date

Turn Island Channel Approximate Water Depth

New Release Instructions

1. You do not need to go around the islands. Do you choose to go around them?

2. Only experienced skiers may ski around the islands.

3. Ski in the center of the channel between the buoys.

4. If you are unsure let go of the handle and stay in the center of the channel.

5. Do not ski to shore.

6. Do not attempt to barefoot ski around the islands.

7. Do not start close to or behind any island.Initials:

9/13/03 PM