Dashboards Skimboard Company LLC 1. I am an adult at least 18 years of age. I am a competent swimmer. I have no medical or physical conditions which could interfere with my safety in this activity. I am willing to assume and bear the costs of all risks that may be created, directly or indirectly, by renting any equipment or participating in lessons, tours, or camps from Dash Watersports.
2. I assume full responsibility for deciding where, when, and with whom to skimboard with. I also acknowledge and agree that the use equipment provided by Dashboards Skimboard Company LLC is for the sole and exclusive use of the undersigned and may not be used by any other person. 3. In consideration of being permitted to use equipment, I agree to assume full responsibility for any risks, injuries or damages, known or unknown, which I might incur as a result of participating in skimboarding. I am aware that Skimboarding in open or closed water involves risks, dangers and hazards. Currents, tides and waves occur frequently in open & closed waterways and may be caused by natural forces or by other watercraft. I acknowledge and accept that Dashboards Skimboard Company LLC may fail to predict whether the open or closed water is safe for the activity or whether an unexpected current, wave or weather condition may occur. Participant agrees that it has inspected the SKIMBOARD EQUIPMENT for any defects or deficiencies. Acceptance or use of the SKIMBOARD EQUIPMENT by Participant will be deemed to be an acknowledgment that the SKIMBOARD EQUIPMENT is in good operating condition. Participant has notified Dashboards Skimboard Company LLC as to any defects or deficiencies with respect to the condition of the SKIMBOARD EQUIPMENT or its accessories, and hereby acknowledges that the SKIMBOARD EQUIPMENT and its accessories were received in satisfactory condition. 4. I acknowledge that I am financially responsible for any and all damages incurred during my use of equipment. I understand that my credit card will be charged for the total cost of repairs. I also acknowledge that Dashboards Skimboard Company LLC is not responsible for any property left stored, lost or transported by Participant or any other person in, on or upon SKIMBOARD EQUIPMENT, or in or around Dashboards Skimboard Company LLC's property, before, during or after use. 5. Other than the obligations of Dashboards Skimboard Company LLC expressly set forth herein, Dashboards Skimboard Company LLC DISCLAIMS ALL WARRANTIES EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT OF A BREACH OF THIS CONTRACT, Dashboards Skimboard Company LLC SHALL NOT BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF SUCH BREACH. In the event that any other term of this agreement is found unenforceable for any reason, or any exclusive remedy fails of its essential purpose, this provision of waiver by agreement of consequential and incidental damages shall continue in full force and effect. Should it be necessary for either party to this Agreement to bring legal action to enforce the terms of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees and all costs of suit, mediation or arbitration. 6. ACKNOWLEDGMENT OF RISKS AND RELEASE: I understand that: "SKIMBOARDING" HAS INHERENT RISKS, HAZARDS AND DANGERS FOR ANYONE, WHICH CANNOT BE ELIMINATED, PARTICULARLY IN A WILDERNESS ENVIRONMENT. I AM VOLUNTARILY USING THE SERVICES OF Dashboards Skimboard Company LLC WITH FULL KNOWLEDGE OF THE INHERENT RISKS, HAZARDS, AND DANGERS AND HEREBY ASSUME AND ACCEPT ANY AND ALL RISKS OR INJURY, PARALYSIS, OR DEATH. 7. Participant has read and agreed to the terms of the Acknowledgment Agreement the terms of which are incorporated by reference herein, and states: "I, for myself or my child, my heirs, successors, executors and subrogates, hereby KNOWINGLY AND INTENTIONALLY WAIVE AND RELEASE, INDEMNIFY AND HOLD HARMLESS Dashboards Skimboard Company LLC (DASH WATERSPORTS), their agents, employees and volunteers from and against any and all claims, actions, causes of action, liabilities, suits, expenses (including reasonable attorneys' fees) which are related to, arise out of, or are in any way connected with my, or my child's, participation in this activity including, without limitation, NEGLIGENCE of any kind or nature, whether foreseen or unforeseen, arising directly or indirectly out of any damage, loss, injury, paralysis, or death to me or my child as a result of engaging in the activities or the use of the SKIMBOARD EQUIPMENT, even without using a life vest, whether or not such damage, loss, injury, paralysis or death results from negligence of Dashboards Skimboard Company LLC or from some other cause; and I further agree not to sue Dashboards Skimboard Company LLC as a result of any injury, paralysis, or death in connection with my use and participation in the activities of 'SKIMBOARDING.'" 8. I grant permission to DB Skim Camp, its affiliated organizations, and authorized representatives to photograph, film, or otherwise capture the image, voice, or likeness of the camper named below during camp activities. I understand that these images or recordings may be used for promotional purposes, including but not limited to websites, social media, printed materials, and advertising, without compensation. I waive any right to inspect or approve the finished product or the use to which it may be applied. If I do not wish for my child's image to be used in this manner, I will notify DB Skim Camp staff in writing prior to the start of camp. I have read the above release and waiver of liability and fully understand its contents. By signing this document I swear that I am of 18 years of age or older and voluntarily agree to the terms and conditions stated above. TODAY'S DATE: August 8, 2025 |
