RELEASE OF LIABILITY, ASSUMPTION OF RISK, WAIVER OF CLAIMS, & INDEMNIFICATION AGREEMENT Notice - By signing this document you may be waiving certain legal rights, including the right to sue. Release and Waiver of Claims; Assumption of the Risk; Indemnification Agreement In consideration of being allowed to use the equipment and participate in kiteboarding, kiteboarding instruction, kiteboarding gear rentals, Stand Up Paddleboarding, Stand Up Paddleboarding rentals, Stand Up Paddleboarding Tours, Kayaking, Kayaking rentals, Kayaking tours, and other activities (collectively the “Activities”) provided by Session Lessons, LLC or Session Sports, LLC. dba Session Sports. (collectively the “Host”), the Participant, and the Participant’s parent(s) or legal guardian(s) if this Participant is a minor, do hereby agree, to the fullest extent permitted by law, as follows: 1. TO WAIVE ALL CLAIMS that they have or may have against the Host arising out of the participant’s participation in the Activities or the use of any equipment provided by the Host (“Equipment”), including while receiving instruction, training, or guided tours;
2. TO ASSUME ALL RISKS of participating in the Activities and using the Equipment, even those caused by the negligent acts or conduct of the Hosts, its owners, affiliates, operations, employees, agents, officers, subcontractors, and/or any entity to which the Host owes a contractual indemnification obligation. The Participant and his/her parent(s) or legal Guardian(s) understand that there are inherent risks of participating in the Activities and using the Equipment, which may be both foreseen and unforeseen and included serious physical injury and death;
3. TO RELEASE the Host, its owners, affiliate, operations, employees, agents, officers, subcontractors, and/or any entity to which the Host owes a contractual indemnification obligation, from all liability for any loss, damage, injury, death, or expense that the Participant (or his/her next of kin) may suffer, arising out of his/her participation in the Activities and/or use of the Equipment, including while receiving instruction and/or training. The Participant and his/her parent(s) or legal guardian(s) specifically understand that they are releasing any and all claims that arise or may arise from any negligent acts or conduct of the Host, its owners, affiliates, operations, employees, agents, officers, subcontractors, and/or any entity to which the Host owes a contractual indemnification obligation to the fullest extent permitted by the law. However, nothing in this Agreement shall be construed as a release for conduct that is found to constitute gross negligence or intentional conduct; and
4. TO INDEMNIFY the Host, its owners, affiliates, operations, employees, agents, officers, subcontractors, and/or any entity to which the Host owes a contractual indemnification obligation, from all liability for any loss, damage, injury, death, or expense that the Participant (or his/her next of kin) may suffer, arising out of participation in the Activities and/or use of the Equipment, including while receiving instruction and/or training. Personal Responsibility The Participant and his/her parent(s) or legal guardian(s) certify that Participant has no physical or mental condition that precludes him/her from participating in the Activities and that he/she is not participating against medical advice The participant and his/her parent(s) or legal guardian(s) understand that the Participant’s participation in the Activities is voluntary and further understand that they have the opportunity to inspect the Host’s Equipment and facilities before any participation. They Participant and his/her parent(s) or legal guardian(s) understand that the Participant is obligated to follow the rules of the Activities and that he/she can minimize his/her risk of injury by doing so and through the exercise of the common sense and by being aware of his/her surroundings. If, while participating in the Activities, the Participant or his/her parents(s) or legal guardian(s) observe any unusual hazard or condition, which they believe jeopardizes Participant’s personal safety or that of others, Participant and/or his/her parent(s) or legal guardian(s) will remove the Participant from the participation in the Activities and immediately bring said hazard or condition to the attention of the Host To the extent that any portion of this Agreement is deemed to be invalid under the law of the applicable jurisdiction, the remaining portions of the Agreement shall remain binding and available for use by the Host and its counsel in any proceeding. I HAVE READ AND UNDERSTAND THIS AGREEMENT AND I AM AWARE THAT BY SIGNING THIS AGREEMENT I MAY BE WAIVING CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE. Today's Date: November 17, 2024 |