In consideration of the services of Elite Watersports LLC, their agents, owners, officers, volunteers, participants, employees, and all other persons or entities acting in any capacity on their behalf (hereinafter collectively referred to as “EW”), I hereby agree to release, indemnify, and discharge EW, on behalf of myself, my spouse, my children, my parents, my heirs, assigns, personal representatives and estate as follows: - I acknowledge that my participation in any activity EW has to offer me that may include but not be limited to the following, kiteboarding/kitesurfing, eFoiling, hydro-foiling, onewheeling, jet skiing, wakeboarding, Wind Winging, Efoil Bikes and stand-up paddle boarding activities entails known and unanticipated risks that could result in physical or emotional injury, paralysis, death, or damage to myself, to property, or to third parties. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity.
- EW provides rental and the sales of gear of all types. I acknowledge that I will not hold EW responsible for any damages, injuries, loss of life or loss of quality of life from interacting with the said gear rented or purchased from EW. It is up to me to understand my own limitations and level of training to properly engage in the use of said gear.
The risks include, among other things: loss of flying control; variances and extremes of wind, weather and temperature, wind shear, inclement weather, lightning, changing water flow, tides, currents, wave action and ships’ wakes; slips and falls; collisions with fixed or movable objects or other watercraft; boat capsize and entrapment; travel in remote areas; rapidly changing adverse weather and water conditions; watercraft are slippery when wet and accidents can occur getting in or out; damage to equipment or personal injury; accidental drowning; crashing; forces of nature including extremes of weather, lightning and rapid weather changes, exposure to sun, strong wind, cold, large waves, eddies and whirlpools, tidal conditions, surf and currents; exposure to temperature and weather extremes which could cause cold water shock, hypothermia, hyperthermia (heat related illnesses), heat exhaustion, sunburn, dehydration; my sense of balance, physical coordination, and ability to operate equipment, swim and/or follow directions may be affected in addition to equipment failure or operator error; exposure to potentially dangerous wild animals, insect bites, and hazardous plant life; aggressive and/or poisonous marine life; wrist, arm, shoulder, ankle, knee, leg, and/or back injuries; consumption of food or drink; improper lifting or carrying; my own physical condition, and the physical exertion associated with this might be unaware of a participant’s fitness or abilities. They might misjudge the weather or other environmental conditions. They may give incomplete warnings or instructions, and the equipment being used might malfunction. - I expressly agree and promise to accept and assume all of the risks existing in this activity. My participation in this activity is purely voluntary, and I elect to participate in spite of all risks. A U.S. coast guard life jacket is available to use apon request.
- I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless EW from any and all claims, demands, or causes of action, which are in my way connected with my participation in this activity or my use of EW’s equipment of facilities, including any such claims which alleged negligent acts or omissions of EW.
- Should EW or anyone acting on behalf, be required to incur attorney’s fees or costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs.
- I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating, or else I agree to bear the costs of such injury or damage myself. I further certify that I am willing to assume the risk of any medical or physical condition I may have.
- In the event that I file a lawsuit against EW, I agree to do so solely in the state of Florida, and further agree that the substantive law of that shall apply in that action without regard to the conflict of law rules of that state. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining document shall remain in full force and effect.
By signing this document, I acknowledge that if anyone is hurt or property is damaged during my participation in this activity, rental of gear, purchase of any equipment. I may be found by a court of law to have waived my right to maintain a lawsuit against EW on the basis of any claim from which I have releases them herein. I have had sufficient opportunity to read this entire document. I have read and understood it, and I agree to be bound by its terms. |