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SUMMER SESSIONS LESSONS / RENTAL FORM

SPORT PARTICIPANT RELEASE OF LIABILITY, WAIVER OF CLAIMS, EXPRESS ASSUMPTION OF RISK AND INDEMNITY AGREEMENT

Please read and be certain you understand the implications of signing.

Express Assumption of Risk Associated with Sport, Venue Use and Related Activities.

I do hereby affirm and acknowledge that I have been fully informed of the inherent hazards and risks associated with Surfing/SUP, transportation of equipment related to the activities, and traveling to and from activity sites in which I am about to engage. Inherent hazards and risks include but are not limited to:

  1. Risk of injury from the activity and equipment utilized is significant including the potential for broken bones, severe injuries to the head, neck, and back or other bodily injuries that my result in permanent disability and death.
  2. Possible equipment failure and/or malfunction or misuse of my own or others’ equipment. 
  3. I AGREE THAT I WILL WEAR APPROVED PROTECTIVE GEAR AS DECREED BY THE GOVERNING BODY OF THE SPORT I AM PARTICIPATING IN. However, protective gear cannot guarantee the participant’s safety. I further agree that no helmet can protect the wearer against all potential head injuries or prevent injury to the wearer’s face, neck or spinal cord.
  4. Variation and/or steepness of terrain, variation or changes in surfaces including but not limited to snow surfaces, ice, bare spots, rocks, stumps, debris, cliffs, trees, fences, posts, trees, light poles, signs, buildings, roads, walkways, ramps, rails, stairs, pyramids, manual pads, bowls, half-pipes, jumps, padded and non-padded barriers, other persons, and other natural and man-made hazards.
  5. My own negligence and/or the negligence of others, including but not limited to operator error and guide decision making including misjudging terrain, weather, riding surfaces or other obstacles.
  6. Exposure to the elements and temperature extremes may result if frost nip, frost bite, heat exhaustion, heat stroke, sunburn, hypothermia and dehydration.
  7. Dangers associated with exposure to natural elements include but are not limited to avalanche, rock fall, inclement weather, thunder and lighting, severe and or varied wind, temperature and other weather conditions.
  8. Accidents or illness occurring in remote places where there are no available medical facilities.
  9. Fatigue, exhaustion, chill, and/or dizziness, which may diminish my/our reaction time and increase the risk of accident.
  10. Impact or collision with other athletes, spectators, facility employees, pedestrians, motor vehicles, and cyclists.
  11. ​*I understand the description of these risks is not complete and unknown or unanticipated risks may result in injury, illness, or death.

Release of Liability, Waiver of Claims and Indemnity Agreement

In consideration for being permitted to participate in the above described activity(ies) and related activities, I hereby agree, acknowledge and appreciate that:

  1. I HEREBY RELEASE AND HOLD HARMLESS WITH RESPECT TO ANY AND ALL INJURY, DISABILITY, DEATH, or loss or damage to person or property, WHETHER CAUSED BY NEGLIGENCE OR OTHERWISE, the following named persons or entities, herein referred to as releasees.
  2. SUMMER SESSIONS SURF SHOP AND THE TOWN OF RYE
  3. Owner (Company and/or Person)
  4. To release the releasees, their officers, directors, employees, representatives, agents, and volunteers from liability and responsibility whatsoever and for any claims or causes of action that I, my estate, heirs, survivors, executors, or assigns may have for personal injury, property damage, or wrongful death arising from the above activities whether caused by active or passive negligence of the releasees or otherwise. By executing this document, I agree to hold the releasees harmless and indemnify them in conjunction with any injury, disability, death, or loss or damage to person or property that may occur as a result of my engaging in the above activities.
  5. By entering into this Agreement, I am not relying on any oral or written representation or statements made by the releasees, other than what is set forth in this Agreement.
  6. This agreement shall apply to any and all injury, disability, death, or loss or damage to person or property occurring at any time after the execution of this agreement.

This release shall be binding to the fullest extent permitted by law. If any provision of this release is found to be unenforceable, the remaining terms shall be enforceable.

I HAVE READ THIS RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT, I FULLY UNDERSTAND ITS TERMS, I UNDERSTAND THAT I HAVE GIVEN UP LEGAL RIGHTS BY SIGNING IT, AND I SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.


TOWN OF RYE RELEASE AND WAIVER OF LIABILITY FOR BEACH PERMIT ACTIVITIES

CAREFULLY READ EVERY LINE OF THIS RELEASE AND WAIVER OF LIABILITY. IT PREVENTS YOU FROM BRINGING LIABILITY CLAIMS AGAINST THE TOWN OF RYE AND ITS OFFCIALS, EMPLOYEES, AGENTS, VOLUNTEERS AND REPRESENTATIVES.

 

The Town of Rye has issued permits for businesses to rent or issue recreational and water sports equipment, including but not limited to surfboards, paddle boards, paddles, boogie boards, wetsuits, and leashes, and to provide related lessons, group activities and learning camps on or about Town beaches and in the ocean. These are risky and dangerous activities for which the Town of Rye shall have no liability. 

 

In consideration of renting, borrowing or using recreational and water sports equipment, and/or participating in related classes, lessons, group activities or camps, the undersigned:

 

1.            Releases, waives, discharges, covenants not to sue, indemnifies and holds harmless the Town of Rye, its officials, employees, agents, volunteers and representatives (hereinafter “Releasees”) from any and all liability to the undersigned, and his/her representatives, heirs, and successors in interest (hereinafter “undersigned”) for any and all loss, injury, illness or damage, and any claim or demands therefore on account of death, injury or illness of the undersigned or damage to the property of the undersigned whether caused by the negligence of the Releasees or otherwise, arising from or related to the undersigned’s possession, handling or use of rented or borrowed recreational and water sports equipment and/or undersigned’s participation in any related classes, lessons, group activities or learning camps.

 

2.            Assumes full responsibility for all risks of bodily injury, personal injury or property damage, including but not limited to death, paralysis, brain injury, heart attack, cardiovascular injury, stroke, aneurysm, broken bones, torn tendons or ligaments, torn muscles, spinal injury, damage to organs, disease, infection, emotional distress, illness, and any other physical or emotional injury, medical or psychiatric condition or complication of any kind whatsoever, due to any cause, including the negligence of Releasees or otherwise, arising from or related to the undersigned’s possession, handling or use of rented or borrowed recreational and water sports equipment and/or undersigned’s participation in any related classes, lessons, group activities or learning camps.

 

3.            Represents and warrants: (a) that he/she acknowledges that possession, handling and use of rented or borrowed recreational and water sports equipment and/or participation in any related classes, lessons, group activities or learning camps, like any form of strenuous recreational or water sports activity, involves the risk of serious bodily and psychiatric injury, death and property damage; (b) that some of the risks of harm include, but are not limited to, intense physical activity, exhaustion, dehydration, heat stroke, sunburn, lifting or controlling the equipment, inexperience, lack of skill, inadequate instruction, negligent permitting, regulation, supervision, control, response, prevention or oversight, slippery surfaces, obstacles which might cause trip and falls, pre-existing health problems, carelessness and negligence of Releasees, equipment failures, design defects, adverse weather conditions, dangerous wind and water conditions, lightning, rip currents, the equipment itself, other persons swimming and using water sports equipment, boats, marine life, the ocean floor, rocks and any other risk of harm whatsoever that one might encounter in relation to possessing, handling or using recreational and water sports equipment at the beach and in the ocean and/or participation in any related classes, lessons, group activities or learning camps; (c) that he/she has read every line of this Release and Waiver of Liability carefully and had an opportunity to review it with legal counsel; and (d) that he/she is in good health and has no preclusive medical condition.

Dated: July 24, 2024

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
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A signed copy of this waiver will be sent to the email address you provide.
Activity
Activity*
FOR PARTICIPANTS OF MINORITY AGE: This is to certify that I, as Parent, Guardian, Temporary Guardian with legal responsibility for this participant, do consent and agree not only to his/her release of all Releasees, but also to release and indemnify the Releasees from any and all liabilities incident to his/her involvement in these programs for myself, my heirs, assigns, and next of kin.


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*
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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