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Assumption of Risk, Release and Waiver of Liability, and Indemnity Agreement


This BeachSports, LLC Assumption of Risk, Release and Waiver of Liability and Indemnity Agreement(the “Agreement”)is made by and between myself (hereafter “Myself” and “I”), as parent/guardian of the undersigned minor (“Child”), and BeachSports, LLC, a California LLC (“BeachSports”), in connection with the camps, programs, and sports activities to be provided by BeachSports, including, but not limited to, surfing, skateboarding, volleyball, and other sports and activities to be taken in person at BeachSports facilities and other various locations, including beaches, skate parks, and harbors within Los Angeles county (collectively, “BeachSports Activities”).

I understand that BeachSports Activities include activities that are HAZARDOUS RECREATION ACTIVITIES and carry a degree of risk that no amount of care, caution, instruction, or expertise can completely eliminate. In consideration of my Child being allowed to participate in BeachSports Activities and related events, I, on behalf of my Child, acknowledge, appreciate, and agree to the following:

1.    Assumption of Risks:

a.    Participation in BeachSports Activities carries with it certain inherent risks due to the nature and setting of the sport(s) and activities that cannot be eliminated regardless of the care taken to avoid injury. The specific risks range from one activity to another, but the risks range from 1) minor injuries such as scratches, bruises, and sprains, to 2) major injuries such as eye injury, joint or bone injuries, heart attacks, and concussions, to 3) catastrophic injuries such as drowning, paralysis, and death; and 


b.    I KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, both known and unknown, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASED PARTIES (as defined below) or others, and I assume full responsibility for my Child’s participation; and 


c.    I represent that my Child is qualified and in proper physical condition to safely participate in the BeachSports Activities. If there are any known health conditions that might affect my Child’s participation in BeachSports Activities, I will disclose such conditions to BeachSports prior to the BeachSports Activities so that proper safety and medical precautions can be taken.  If at any time, however, I believe the BeachSports Activities and conditions to be unsafe for my Child, I will notify BeachSports and remove my Child from participation immediately; and 


d.    I, for myself and on behalf of my Child, my heirs, assigns, personal representatives and next of kin, HEREBY RELEASE, INDEMNIFY, AND HOLD HARMLESS BEACHSPORTS, LLC, THE COUNTY OF LOS ANGELES, THE L.A. COUNTY DEPARTMENT OF BEACHES AND HARBORS, AND THEIR MEMBERS, PRINCIPALS, PARENTS, SUBSIDIARIES, PARTNERS, REPRESENTATIVES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INDEPENDENT CONTRACTORS, PREDECESSORS, SUCCESSORS, AFFILIATED OR RELATED ENTITIES, ASSISTANTS, ADVERTISERS, AND, IF APPLICABLE, OWNERS AND LESSORS OF PREMISES USED FOR ACTIVITY (hereafter the “Released Parties”), WITH RESPECT TO ANY AND ALL INJURY, DISABILITY, DEATH, OR LOSS OR DAMAGE TO PERSON OR PROPERTY, regarding my Child and/or arising from my Child’s activities, WHETHER ARISING FROM NEGLIGENCE OF THE RELEASED PARTIES OR OTHERWISE, except for grossly negligent or willful misconduct, or otherwise to the fullest extent of the law. 


2.    Coronavirus / COVID-19 Risks: The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious and is believed to spread mainly from person-to-person contact. As a result, federal, state, and local governments and federal and state health agencies recommend social distancing and have, in many locations, prohibited the congregation of groups of people. BeachSports has put in place preventative measures to reduce the spread of COVID-19; however, BeachSports cannot guarantee that you, your Child, or those around you will not become infected with COVID-19. Further, attending BeachSports could increase your risk and your Child’s risk of contracting COVID-19.

a.    By signing this agreement, I acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that my Child and I, and those around us, may be exposed to or infected by COVID-19 by attending BeachSports and that such exposure or infection may result in personal injury, illness, permanent disability, and death. I understand that the risk of becoming exposed to or infected by COVID-19 at BeachSports may result from the actions, omissions, or negligence of myself and others, including, but not limited to, BeachSports employees, contractors, volunteers, and program participants and their families.

b.    I voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to my Child or myself (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind, that I, my Child, or those around us may experience or incur in connection with my Child’s attendance at BeachSports or participation in BeachSports programming (“COVID Related Claims”). On my behalf, and on behalf of my children, I hereby release, covenant not to sue, discharge, and hold harmless BeachSports, its employees, agents, and representatives, of and from the COVID Related Claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto. I understand and agree that this release includes any COVID Related Claims based on the actions, omissions, or negligence of BeachSports, its employees, agents, and representatives, whether a COVID-19 infection occurs before, during, or after participation in any BeachSports Activities.

c.    I further acknowledge and agree that in connection with my Child’s participation in BeachSports Activities, my Child and I will follow all BeachSports COVID-19 related rules and protocols, as well as the COVID-19 rules, regulations, mandates and safety protocols issued by the City in which my Child’s BeachSports Activities occur, the County of Los Angeles, State of California, and/or the CDC.

3.    Indemnification and Hold Harmless: I also agree to indemnify and hold BeachSports harmless from any and all claims, actions, suits, procedures, costs, expenses, damages and liabilities, including attorney’s fees, arising out of my Child’s involvement in BeachSports Activities, and to reimburse it for any such expenses incurred.

4.    Severability: I further expressly agree that the foregoing Agreement is intended to be as broad and inclusive as is permitted by the law of the State of California and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.

5.    Governing Law and Venue: This Agreement shall be governed by the laws of the State of California, and all claims or disputes hereunder or questions arising out of this Agreement shall be determined only in the federal or state courts located in Los Angeles County, California, to the exclusion of all other courts.

6.    Acknowledgement of Understanding: I HAVE CAREFULLY READ AND VOLUNTARILY SIGN THIS ASSUMPTION OF RISK, RELEASE AND WAIVER OF LIABILITY, AND INDEMNITY AGREEMENT AND FURTHER AGREE THAT NO ORAL REPRESENTATIONS, STATEMENTS OR INDUCEMENT APART FROM THE FOREGOING WRITTEN AGREEMENT HAVE BEEN MADE. I AM AWARE THAT BY AGREEING TO THIS AGREEMENT I AM GIVING UP VALUABLE LEGAL RIGHTS FOR MYSELF AND MY CHILD, INCLUDING THE RIGHT TO RECOVER DAMAGES FROM BEACHSPORTS IN CASE OF ILLNESS, INJURY, DEATH OR PROPERTY DAMAGE, INCLUDING, FOR THE AVOIDANCE OF DOUBT AND WITHOUT LIMITATION, EXPOSURE TO COVID-19 AT ANY BEACHSPORTS FACILITY AND ANY ILLNESS, INJURY OR DEATH RESULTING THEREFROM. I UNDERSTAND THAT THIS DOCUMENT IS A PROMISE NOT TO SUE AND A RELEASE OF AND INDEMNIFICATION FOR ALL CLAIMS.

By checking the "I Agree" box below, I acknowledge that I have read and understand the terms of this Assumption of Risk, Release and Waiver of Liability, and Indemnity Agreement and agree to its terms.

I Agree

First Participant's Name

First Name*

Last Name*
First Participant's Age Acknowledgment*
First Participant's Date of Birth*
I certify that I am 18 years of age or older
First Participant's Signature*
Second Participant's Name

First Name*

Last Name*
Second Participant's Date of Birth*
Third Participant's Name

First Name*

Last Name*
Third Participant's Date of Birth*
Fourth Participant's Name

First Name*

Last Name*
Fourth Participant's Date of Birth*
Fifth Participant's Name

First Name*

Last Name*
Fifth Participant's Date of Birth*
Sixth Participant's Name

First Name*

Last Name*
Sixth Participant's Date of Birth*
Seventh Participant's Name

First Name*

Last Name*
Seventh Participant's Date of Birth*
Eighth Participant's Name

First Name*

Last Name*
Eighth Participant's Date of Birth*
Ninth Participant's Name

First Name*

Last Name*
Ninth Participant's Date of Birth*
Tenth Participant's Name

First Name*

Last Name*
Tenth Participant's Date of Birth*
Parent or Guardian's Email Address

Email
Your signed waiver will be sent to the email address provided here and is available for download for three days via URL attachment.
Photo Release & Consent

During BeachSports & PCH Skate Camp programs and activities, our coaches and photographers take pictures of participants during various activities. These photos and videos are for sharing with our participants and their families and for promoting our activities. Your child's name or any other personal information will not be disclosed with the photograph and photos will never be sold or distributed to third parties.

I hereby declare that I am the parent or legal guardian of the child listed above. I hereby consent, without receipt of payment or promise of payment, to the use of photographs and/or photographic reproductions (together, "pictures'') of the child listed by BeachSports/PCH Skate Camp, Its owners, employees, photographers and/or agents (collectively, "BeachSports") in the manner(s) set forth below. To the extent that I have consented to the use of pictures of the child listed pursuant to the preceding sentence~ I hereby waive any right of payment, ownership, or inspection or approval of the prior or subsequent use of the pictures. 

**BeachSports will immediately remove any posted photos as soon as requested by the parent or guardian of the participant.

I will allow the use of pictures of my child/children
I do not give BeachSports permission to use pictures of my children.
Camper Code of Conduct

Each BeachSports participant has a responsibility to act in a way that ensures a positive, safe and healthy experience for all. All campers are required to follow these guidelines:

Behavior Guidelines

  • Participants shall be responsible for their words and actions.
  • Participants shall be respectful of others.
  • Participant has the responsibility to follow the instructions given by BeachSports staff to maintain a safe and positive experience for all participants.

Prohibited Behaviors

  • Endangering the health and safety of themselves, other participants, and/or staff or volunteers.
  • Continual disruption of the program.
  • Refusal to follow the behavior guidelines.
  • Using profanity or inappropriate language or displaying clothing or other personal items with offensive content.
  • Bullying or acts of aggression or violence.

Steps taken for failure to follow these behavior guidelines

  • BeachSports Staff will use a positive approach to redirect the camper to a more appropriate behavior and camper will be reminded of the behavior guidelines.
  • If the behavior persists, BeachSports Staff will discuss the problem with a parent/guardian and work towards a solution together.
  • BeachSports Staff will document all behavioral situations in an Incident Form, which will include what the behavioral issue is, what provoked the situation, participants involved and the corrective action taken. Forms will shared with Parents/Guardians the day of the incident.

Failure to comply with the Code of Conduct may result in the removal from the program. No refunds will be given for campers who are removed from the program due to violations of the Code of Conduct.

I have read and acknowledge the Camper Code of Conduct
Parent(s) or court-appointed legal guardian(s) must sign for any participating minor (those under 18 years of age) and agree that they and the minor are subject to all the terms of this document, as set forth above.


By signing below the parent or court-appointed legal guardian agrees that they are also subject to all the terms of this document, as set forth above.
Parent or Guardian's Name

First Name*

Last Name*

Phone*
Parent or Guardian's Age Acknowledgment*
Parent or Guardian's Date of Birth*
I certify that I am 18 years of age or older
Parent or Guardian's Signature*
Electronic Signature Consent*
 By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.


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