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REAL WATERSPORTS

AGREEMENT, RELEASE, AND WAIVER OF LIABILITY

REAL Watersports Launching and Landing Rules

  1. The yard is exclusively available for use by current Watermen's guests, REAL lessons and REAL employees.
  2. Obey the flag system: 

    Green flag - Open for launching and landing.
    Orange flag - High wind conditions.  Each guest must get approval from the Head Coach before launching.
    Black flag - Not safe.  No kiting allowed.

  3. Launching and landing must take place in the lower yard with the kite closest to the water.
  4. Kiters are to enter and exit the water using the designated lane of orange buoys to the South side of the property.
  5. Follow the Yard Marshal's instructions. They are there to help you launch and land safely.
  6. REAL Lessons have priority. Please be courteous to coaches and students who are in lessons.
  7. Kiters exiting the yard always have the right of way. Please do not come ashore if someone on land is launching a kite or has a kite in the air.
  8. Do not launch a kite if another kiter is actively launching or landing their kite.
  9. No self-launching or landing in the yard.
  10. No hopping, jumping, boosting, or testing the power of your kite in the yard.
  11. When gear is not in use, please wrap lines, stack kites and place gear next to the walkway on the East side of the property. 
  12. The main part of the yard is to be used for rigging kites.  The lower yard is to be kept clear for launching and landing.
  13. Launching and landing privileges are NOT transferable. 
  14. Privileges may be revoked at any time for disregarding the rules or any instance of unsafe behavior.
  15. REAL does not provide on-water jet ski pick-ups and assistance when not in lessons.
  16. Please conduct yourself in a safe manner and know your limits.  If you are unsure of your ability or have questions, please see an employee for assistance or sign up for a lesson.

REAL Slider Park Rules

  1. All riders must wear a HELMET when riding any feature.
  2. Wakestyle boots and a board with no fins are required.
  3. Rental boards are prohibited.
  4. Riders need to be comfortable unhooking to ride features. 
  5. The slider park is open to current Watermen's Retreat guests, REAL employees and approved pro riders.
  6. Any rider that does not comply will be asked to leave the slider park immediately.

Rain Check and Cancellation Policy

 

RAIN CHECK POLICY: All lessons and camps are paid in full upon booking with REAL Watersports. All sales are final. No refunds will be issued if your lesson or camp is unable to be completed due to conditions or cancellation. Instead, your lesson or camp will be rescheduled to the next available time. If a lesson or camp cannot be completed during your trip, all unused lesson or camp hours will be rain checked to your store account as credit. Store credit may be used to re-book lessons and camps, rent gear, and/or purchase merchandise from the REAL flagship store and REALwatersports.com. Your store credit will never expire and can be used at any time.
It is the student's responsibility to be prepared with the proper water wear to keep them warm and comfortable for the duration of their lessons, no rain checks will be issued for improper dress.

 

LESSON OR CAMP NO SHOWS:  If you fail to show up at the time of your scheduled lesson or camp, or you fail to call to postpone your scheduled lesson or camp, you will forfeit the value of your lesson or camp and will not receive a rain check. If you fail to show up on time for your scheduled lesson or camp, the amount of time you are late will be deducted from the total lesson or camp time.

 

CANCELLATION POLICY: All lessons and camps may be cancelled or rescheduled, with a complete store credit, up to 14 days before the scheduled lesson or camp time. All sales are final. No refunds will be issued for any cancelled or rescheduled lessons. A rescheduling fee of $200.00 will be applied to any lessons or camps cancelled or rescheduled within 14 days of the scheduled lesson or camp start time, and the remaining balance will be placed on your store account. No rain checks will be issued for cancellations or 'no shows' within 48 hours of a lesson or camp.

 

REAL WATERSPORTS INC. AND WATERMEN’S RETREAT

KITEBOARDING, WAKEBOARDING, SURFING, STANDUP PADDLEBOARDING, JET SKI WARNING, ASSUMPTION OF RISK, RELEASE OF LIABILITY & INDEMNIFICATION AGREEMENT

PLEASE READ CAREFULLY BEFORE SIGNING. THIS IS A RELEASE OF LIABILITY & WAIVER OF LEGAL RIGHTS.

1. Definitions. The person who is participating in kiteboarding/wakeboarding/surfing/ standup paddleboarding/jet ski shall be referred to hereinafter as “Participant”. The “Undersigned” means only the Participant when the Participant is age 18 or older OR it means both the Participant and the Participant’s parent or legal guardian when the Participant is under the age of 18. “Released Parties” mean REAL Watersports Inc. and Watermen’s Retreator any of their respective successors in interest, affiliated organizations and companies, insurance carriers, agents, employees, representatives, assignees, officers, directors, members, and shareholders. The “Activity” means taking part in kiteboarding, wakeboarding, surfing, stand up paddleboarding, jet ski, and using the kiteboarding, wakeboarding, surfing, stand up paddleboarding, jet ski facilities for any purpose.

2. Risks of Activity. The Undersigned agree and understand that taking part in the Activity can be HAZARDOUS AND INVOLVES THE RISK OF PHYSICAL INJURY AND/OR DEATH. The Undersigned acknowledge that the Activity is inherently dangerous and fully realize the dangers of participating in the Activity. The risks and dangers of the activity include, but are not limited to: water flow, tides, currents, wakes, collisions with other participants, watercraft and other manmade and natural objects, weather conditions, capsizing, sinking, exposure to elements, slips and falls, equipment failure and/or defects, operator error, mental distress from exposure to any of the above, and negligence of others. THE UNDERSIGNED ACKNOWLEDGE AND UNDERSTAND THAT THE DESCRIPTION OF THE RISKS LISTED ABOVE IS NOT COMPLETE AND THAT PARTICIPATING IN THE ACTIVITY MAY BE DANGEROUS AND MAY INCLUDE OTHER RISKS.

3. Release, Indemnification, and Assumption of Risk. In consideration of the Participant being permitted to participate in the activity, the Undersigned agree as follows:

(a) Release. THE UNDERSIGNED HEREBY IRREVOCABLY AND UNCONDITIONALLY RELEASE, FOREVER DISCHARGE, AND AGREE NOT TO SUE OR BRING ANY OTHER LEGAL ACTION AGAINST THE RELEASED PARTIES with respect to any and all claims and causes of action of any nature whether currently known or unknown, which the Undersigned, or any of them, have or which could be asserted on behalf of the Undersigned in connection with the Participant’s participation in the Activity, including, but not limited to claims of negligence, breach of warranty, and/or breach of contract.

(b) Indemnification. The Undersigned hereby agree to indemnify, defend and hold harmless the Released Parties from and against any and all liability, cost, expense or damage of any kind or nature whatsoever and from any suits, claims or demands, including legal fees and expenses whether or not in litigation, arising out of, or related to, Participant’s participation in the Activity. Such obligation on the part of the Undersigned shall survive the period of the Participant’s participation in the Activity.

(c) Assumption of Risk. The Undersigned agree and understand that there are dangers and risks associated with the participation in the Activity and that INJURIES AND/OR DEATH may result from participating in the Activity, including, but not limited to the acts, omissions, representations, carelessness, and negligence of the Released Parties. By signing this document, the Undersigned recognize that property loss, injury and death are all possible while participating in the Activity. RECOGNIZING THE RISKS AND DANGERS, THE UNDERSIGNED UNDERSTAND THE NATURE OF THE ACTIVITY AND VOLUNTARILY CHOOSE FOR PARTICIPANT TO PARTICIPATE IN AND EXPRESSLY ASSUME ALL RISKS AND DANGERS OF THE PARTICIPATION IN THE ACTIVITY, WHETHER OR NOT DESCRIBED ABOVE, KNOWN OR UNKNOWN, INHERENT, OR OTHERWISE.

4. Minor Acknowledgment. In the case of a minor Participant, the Undersigned parent or legal guardian acknowledges that he/she is not only signing this Agreement on his/her behalf, but that he/she is also signing on behalf of the minor and that the minor shall be bound by all the terms of this Agreement. Additionally, by signing this Agreement as the parent or legal guardian of a minor, the parent or legal guardian understands that he/she is also waiving rights on behalf of the minor that the minor otherwise may have. The Undersigned parent or legal guardian agrees that, but for the foregoing, the minor would not be permitted to participate in the Activity. By signing this Agreement without a parent or legal guardian’s signature, Participant, under penalty of fraud, represents that he/she is at least 18 years of age. If signing as the parent or guardian of a minor Participant, signing adults represent that they are a legal parent or guardian of the minor Participant.

5. Medical Care. Undersigned authorize the Released Parties and/or their authorized personnel to call for medical care for Participant or to transport Participant to a medical facility or hospital if, in the opinion of such personnel, medical attention is needed. Undersigned agree to pay all costs associated with such medical care and related transportation.

6. Miscellaneous. The Undersigned further agree and understand: (a) Participant will not engage in any activities prohibited by any applicable laws, statutes, regulations and ordinances; (b) this Agreement shall be governed by the laws of the State of North Carolina, and the exclusive jurisdiction for any claim shall be the Dare County Courtof Dare County, or the federal court of the State of North Carolina; (c) this Agreement constitutes the entire agreement between the parties hereto and supersedes any and all prior contracts, arrangements, communications, or representations, whether oral or written, between the parties relating to the subject matter hereof; (d) the Undersigned understand and acknowledge that this Agreement is a contract and shall be binding to the fullest extent permitted by law. If any part of this Agreement is deemed to be unenforceable, the remaining terms shall be an enforceable contract between the parties. It is the intent of the Undersigneds that this agreement shall be binding upon the assignees, subrogors, distributors, heirs, next of kin, executors and personal representatives of the Undersigned.

I HAVE CAREFULLY READ THE FOREGOING ASSUMPTION OF RISK, RELEASE OF LIABILITY & INDEMNIFICATION AGREEMENT AND UNDERSTAND ITS CONTENTS. I AM AWARE THAT I AM RELEASING LEGAL RIGHTS THAT OTHERWISE MAY EXIST.

June 28, 2022

First Participant's Name

First Name*

Middle Name

Last Name*

Phone*
First Participant's Date of Birth*
First Participant's Signature*
Second Participant's Name

First Name*

Middle Name

Last Name*
Second Participant's Date of Birth*
Third Participant's Name

First Name*

Middle Name

Last Name*
Third Participant's Date of Birth*
Fourth Participant's Name

First Name*

Middle Name

Last Name*
Fourth Participant's Date of Birth*
Fifth Participant's Name

First Name*

Middle Name

Last Name*
Fifth Participant's Date of Birth*
Sixth Participant's Name

First Name*

Middle Name

Last Name*
Sixth Participant's Date of Birth*
Seventh Participant's Name

First Name*

Middle Name

Last Name*
Seventh Participant's Date of Birth*
Eighth Participant's Name

First Name*

Middle Name

Last Name*
Eighth Participant's Date of Birth*
Ninth Participant's Name

First Name*

Middle Name

Last Name*
Ninth Participant's Date of Birth*
Tenth Participant's Name

First Name*

Middle Name

Last Name*
Tenth Participant's Date of Birth*
Parent or Guardian's Email Address

Email
A signed copy of this waiver will be sent to the email address you provide.
Emergency Contact

Emergency Contact's Name*

Emergency Contact's Phone Number*
COVID-19 Questionnaire
In the past 10 days, have you been exposed to anyone who has tested positive for COVID-19? *
No
Yes
Have you tested positive for COVID-19 in the past 10 days?*
No
Yes

By signing this waiver, I acknowledge that I am aware of the contagious nature of COVID-19 and voluntarily assume the risk that myself or the lesson participant may be exposed to or infected by COVID-19 at REAL Watersports. 

Note: if you plan to be onsite for consecutive days, please immediately advise the REAL Watersports Lesson Center if any of your responses change. 

252-987-6000
lessons@realwatersports.com

Parent(s) or court-appointed legal guardian(s) must sign for any participating minor (those under 18 years of age) and agree that they and the minor are subject to all the terms of this document, as set forth above.
Parent or Guardian's Name

First Name*

Middle Name

Last Name*

Phone*
Parent or Guardian's Date of Birth*
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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