READ AND BE CERTAIN YOU UNDERSTAND THE IMPLICATIONS OF SIGNING THIS AGREEMENT, WHICH CONSTITUTES AN EXPRESS ASSUMPTION OF RISK ASSOCIATED WITH SPORT, VENUE USE, AND RELATED ACTIVITIES
I do hereby affirm and acknowledge that I have been fully informed and am well aware of the inherent hazards and risks associated with my participation in Tybee Surf Lessons and/or Tybee Watersports Club, including, but not limited to, those involved in traveling to and from activity sites or facilities, participation in Tybee Surf Lessons and/or Tybee Watersports Club activities, and/or the use of any and all equipment related to such activities.
Inherent hazards and risks of participation include, but are not limited to:
- Risk of injury or illness due to activities taking place outdoors and in natural elements, including the ocean, beaches, and the surrounding area.
- Risk of injury or illness due to equipment failure and/or malfunction or misuse of my own or other’s equipment.
- Risk of injury or illness caused by falls or other mishaps due to variation in and/or steepness of terrain, variation of changes in surfaces, encounters with obstructions or nuisances, whether natural or man-made, including, but not limited to, surfaces, holes, rocks, stumps, debris, cliffs, trees, fences, posts, poles, signs, and any other obstruction or nuisance that might cause bodily harm or injury.
- Risk of injury or illness due to negligence, whether it be my own or the negligence of others, including, but not limited to, negligence of other participants or staff, employees, agents, volunteers or other personnel, whether the result of errors in decision-making, misjudging terrain, weather, surfing area, riding surfaces or other obstacles, or any other reason.
- Risk of injury or illness due to exposure to the elements and temperature extremes including, but not limited to, frost nip, frostbite, heat exhaustion, heat stroke, sunburn, hypothermia and/or dehydration.
- Risk of injury or illness due to dangers associated with exposure to natural elements, including, but are not limited to, inclement weather, thunder and lightning, severe and varied winds, temperature, marine life, rip tides, rough waves, or any other natural condition.
- Risk of accidents, injuries or illness occurring in remote places where there are no or limited available medical facilities.
- Risk of injury or illness due to fatigue, exhaustion, chill and/or dizziness, including, but not limited to, those caused by a decrease or loss in the reaction time, balance, strength, speed, and/or endurance of myself or others, which may increase the risk of accidents.
- Risk of injury or illness due to impact or collision with other surfers, swimmers, bystanders, boaters, athletes, spectators, staff, employees, agents, volunteers or other personnel, pedestrians, motor vehicles, or cyclists.
- The risk of injury or illness as a result of any of the above, or as a result of any other activities and/or equipment utilized, is significant and includes, but is not limited to, the potential for broken bones, severe injuries to the head, neck, spine, limbs, back, and/or other bodily injuries that may result in permanent disability or death, seasickness, and drowning.
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
- I DO HEREBY ASSUME RESPONSIBILITY FOR AND RISK OF ALL INJURY, DISABILITY, ILLNESS, DEATH, OR LOSS OR DAMAGE TO PERSON OR PROPERTY caused as a result of my participation in Tybee Surf Lessons and/or Tybee Watersports Club.
- I FURTHER AGREE TO RELEASE, WAIVE, AND DISCHARGE Tybee Surf Lessons LLC, Tybee Watersports Club, Aaron Turner Horton, and all of their respective agents, representatives, officers, directors, employees, volunteers, owners, and other personnel (the “Releasees”) from liability and/or responsibility for any and all INJURY, DISABILITY, ILLNESS, DEATH, OR LOSS OR DAMAGE TO PERSON OR PROPERTY caused as a result of my participation in Tybee Surf Lessons and/or Tybee Watersports Club, including, but not limited to, such caused by negligence of the Releasees, and do further RELEASE, DISCHARGE AND COVENANT NOT TO SUE the Releasees from any and all claims, and/or causes of action that I, my estate, heirs, survivors, executors, assignees, representatives, or next of kin may have against the Releasees for same.
- I FURTHER AGREE TO INDEMNIFY, SAVE, AND HOLD HARMLESS the Releasees from any loss, claim, cause of action, liability, damage, or cost they may incur as a result of my participation in Tybee Surf Lessons and/or Tybee Watersports Club, including, but not limited to, any injury, disability, death or loss or damage to person or property, including, but not limited to, such caused by the negligence of the Releasees.
- Participant or Guardian shall provide necessary and adequate medical support and supplies as needed for any participant medical condition.
- 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.
- This Agreement shall apply to all injury, disability, illness, death or loss or damage to person or property caused as a result of my participation in Tybee Surf Lessons and/or Tybee Watersports Club occurring at any time after the execution of this Agreement; including all future activities that I am participating in with the Releasees.
- This Agreement is intended to be as broad and inclusive as is permitted by the law of the State of Georgia. If any portion or term of this Agreement is held invalid or unenforceable for any reason, I AGREE that all remaining terms shall be binding and remain in full force and effect to the extent allowable by law.
- I HAVE READ THIS AGREEMENT AND I FULLY UNDERSTAND ITS TERMS, PURPOSE, AND EFFECT. I UNDERSTAND THAT I AM GIVING UP LEGAL RIGHTS BY SIGNING THIS AGREEMENT, AND SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY COERCION OR IMPROPER INDUCEMENT. 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.
FOR PARTICIPANTS OF MINORITY AGE: This is to certify that I, the Parent, Guardian, or Temporary Guardian with legal responsibility for this participant, do consent and agree not only to his/her release of all Releasees as described above, but also to release and indemnify the Releasees on the same terms as described above from any and all liabilities as a result of his/her participation for myself, my estate, heirs, survivors, executors, assignees, representatives, or next of kin.
Today's Date: June 7, 2020