Today's Date: April 23, 2024 Waiver of Liability and Indemnity Agreement Summertimesurf , LLC. In consideration of being permitted to participate in any way in SummerTime Surf School, I, agree: Or as the parent(s) and/or legal guardian(s) of the minor participant named below agree: 1. I have enrolled my child for whom which I have legal custody, in SummerTimeSurf Camp. I do so with complete understanding of the inherent risks associated with all activities the camp provides. There are many dangers associated with Surfing, Ocean Swimming, Paddling, Running, Kayaking, Bodyboarding, Bodysurfing, Beach Football, Running Bases, Beach Flags, Negotiating the Shore Break, and other beach activities that SummerTimeSurf offers to its campers. I have instructed my child to inform the counselors when they do not wish to participate in any activity. My child understands that they are permitted to refuse to participate in any activity that they feel is unsafe, too dangerous, or for any other reason. 2. I/WE fully understands and acknowledges that: (a) There are risks and dangers associated with participation in the events and activities provided by SummerTimeSurf, which could result in bodily injury partial and/or total disability, paralysis and death. (b) The social and economic losses and/or damages, which could result from these risks and dangers described above, could be severe. (c) These risks and dangers may be caused by the action, inaction or negligence of the participant or the action, inaction or negligence of others, including, but not limited to, the releases named below. (d) Sharks, bluefish, jellyfish and other marine life may be present and may pose a serious danger. Marine life may attack with no warning and these attacks may result in serious injury or death. (e) All marine life we may encounter is potentially dangerous. My child may have allergies to jellyfish, fish eggs, or other marine life that they/we are unaware of. Cuts and scrapes resulting from rocks, shells, or barnacles can become infected if not treated properly. (f) Exposure to the sun may result in the burning of the skin. Sun care products may not be enough to protect the participant from sunburn. Long-term effects of sun exposure have been linked to skin cancer. (g) There is no way to ensure that the beach will be free from hazardous materials. The ocean brings pollution to the shores, and there have been reports of hazardous materials found on the beach in the past. There is no way to inspect the entire beach, and because the beach is open to the public, there may be other hazardous materials on the beach. (h) There may be other risks not known or are not reasonably foreseeable at this time. 3. I/WE accept and assume such risks and responsibility for the losses and/or damages following such injury, disability, paralysis or death, however caused and whether caused in whole or in part by the actions or negligence of the releases named in this document. 4. I/WE HEREBY RELEASE, WAIVE, DISCHARGE AND COVENANT NOT TO SUE SummerTimeSurf, L.L.C., any of its employees, the municipalities, First Aid squads, or Lifeguards of the Townships of Belmar, Bradley Beach, Asbury Park, Toms River/Ortley Beach, Manasquan, Sea Bright, Monmouth Beach, Long Branch, Elberon, Deal, Allenhurst, Loch Arbor, Ocean Grove, Avon-By-The-Sea, Lake Como, Spring Lake, Sea Girt, Point Pleasant Beach, Bay Head, Mantoloking, Dover Beach, Lavalette, Seaside Heights, Seaside Park, Eastern Lines Surf Shop, Lightly Salted Surf Shop, Brave New World Surf Shop, Spellbinders Surf Shop, Beach Hut Surf Shop, Surf & Sand Shop, 3rd Ave Surf Shop, Barewires Surf Shop, Gordons Surf Shop, Surf Taco, "T.C.A.F Inc., Three 0's LLC," or any persons or organizations or any persons or organizations used by the participant. This includes its owners, managers, counselors, investors, sponsors, promoters, lessees of premises used to conduct the event or program, premises and event inspectors, consultants, and others who give recommendations, directions, or instructions. I RELEASE FROM ALL LIABILITY TO THE UNDERSIGNED. 5. I/WE HEREBY acknowledges that THE ACTIVITIES OF THE EVENT(S) ARE VERY DANGEROUS and involve the risk of serious injury and/or death and/or property damage. Each of THE UNDERSIGNED also expressly acknowledges that INJURIES RECEIVED MAY BE COMPOUNDED OR INCREASED BY NEGLIGENT RESCUE OPERATIONS OR PROCEDURES OF THE RELEASEES. 6. EACH OF THE UNDERSIGNED further expressly agrees that the foregoing release, waiver, and indemnity agreement is intended to be as broad and inclusive as is permitted by the law of the State in which the event is conducted and that if any portion is held invalid, it is agreed that the balance shall, notwithstanding continue in full legal force and effect. 7. I acknowledge that SummerTimeSurf may compile and use the name, likeness, recorded voice, addresses, photographs, biographical sketch, lm and videos of the named individual in advertising, marketing, product, packaging or other use, without compensation and without restriction as to duration, geography, media, or frequency. I consent to such uses and herby waive all rights to compensation. I HAVE READ THIS RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT, AND I FULLY UNDERSTAND ITS TERMS, AND I UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND HAVE SIGNED IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT, ASSURANCE, OR GUARANTEE BEING MADE TO ME AND INTEND MY SIGNATURE TO BE COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW. |