I, , being an adult, (or a minor on whose behalf a parent or legal guardian is signing this document) certify that I (or the minor participant) can swim and acknowledge inherent risks of swimming in the ocean and potential injuries that may result by participating in water board sports.
I agree to hold harmless SideSlip Skimboarding LLC from all claims of liability which cause me (or the minor participant) damages of any nature in any way connected with participation in this activity. I agree to hold harmless, defend and indemnify SideSlip Skimboarding and its affiliates and subsidiaries, and each of their respective employees, officers, directors, owners, agents, contractors, or assigned and the equipment manufacturers and distributors (collectively, the Released Parties) for any and all claims for personal injury, death or property damage related to the use of the equipment or participation in an activity and fully release the Released Parties from any and all claims based on negligence, breach of warranty, strict liability, or other legal theory for damages for injuries related in any way to the selection, maintenance, adjustment or use of the equipment and/or participation in an activity.
I also expressly agree to release and discharge SideSlip Skimboarding LLC from any act or omission in rendering or failing to render any type of rescue, emergency or medical services.
Consent for Emergency Medical Treatment
In the event of a medical emergency, the undersigned Parent(s)/Guardian(s) of the participant(s), hereby grants authorization to SideSlip Skimboarding and its representatives, to employ any legally licensed physician or health care facility on behalf of each of the undersigned, and to direct and/or order emergency medical treatment for the participant(s). Each of the undersigned further agrees that neither SideSlip Skimboarding nor any of it’s representatives shall be liable under any circumstances to anyone for exercising the foregoing authority in the event of an emergency.
I further agree, to hold harmless SideSlip Skimboarding from all defense costs, including attorney's fees incurred in connection with any claims arising from the activities that take place herein, whether caused by or sustained by any minor under 18 years of age on whose behalf I am signing, or which I may have caused to spectators or other third parties, whether negligent or not, in the course of my participation in this activity.
It is my express intent that this Release of Liability and Waiver of Claims Agreement shall bind the members of my family and spouse, if I am alive, and my heirs, assigns and personal representatives, if I am deceased, and shall be deemed as a RELEASE, WAIVER, DISCHARGE, AND COVENANT NOT TO SUE SideSlip Skimboarding.
I hereby further agree that this Release of Liability and Waiver of Claims Agreement shall be construed in accordance with the laws of the state of New York and that any mediation suit, or other proceeding must be filed or entered into only in New York and the federal or state courts of New York. Any portion of this document deemed unlawful or unenforceable is severable and shall be stricken without any effect on the enforceability of the remaining provisions.
I understand that during the lessons or related activities, I may be photographed. I agree to allow my photo, video, or film likeness to be used for any legitimate purpose by the SideSlip Skimboarding, producers, sponsors, organizers, and assigns.
I understand that participating in activities and/or use of equipment in or near the ocean, shore or beach poses inherent and other risks of personal injury, paralysis and death. Dangerous conditions may exist or arise at any time without warning, including high surf, strong waves, large isolated or rogue waves, waves breaking in shallow water, changing tides, strong currents, rip currents, undertows, strong winds and adverse weather conditions. I may suffer heat and weather exposure, dehydration, extreme exertion, motion sickness, sunburn, loss of consciousness, heart attack, panic, hyperventilation, difficulty breathing, water inhalation, physical and psychological stress, migraines, seizures, pulmonary edema, eye, ear and sinus trauma, contact with marine life, collision with equipment, other persons, other persons equipment, bruises, bites, cuts, contusions, burns. sprains, strains, fractures, permanent scars, disfigurement, concussions, eye injury, paralysis and/or death. The above described risks are not complete and other risks or events that are known or unknown, anticipated or unanticipated, may result in serious bodily injury or death.
IN SIGNING THIS AGREEMENT, I ACKNOWLEDGE AND REPRESENT THAT I have
read the foregoing Release of Liability and Waiver of Claims Agreement, understand it and sign it voluntarily as my own free act and deed; no oral representations, statements, or inducements, apart from the foregoing written agreement, have been made; I am at least eighteen (18) years of age and fully competent; and I execute this agreement for full, adequate and complete consideration fully intending to be bound by same.