WARNING: There are significant elements of risk in any adventure, sports or activity associated with the outdoors, as well as the presence of motorized watercraft and activities on, in and around the water and exposure to mother nature/ acts of God. Certain risks cannot be eliminated without destroying the unique character of the activity, participate at your own risk.
EXPRESS ASSUMPTION of RISK and RESPONSIBILITY: I assume the risk (s) of personal injury, accidents and/or illness, including but not limited to sprains, torn muscles and/or ligaments; fractures, broken bones or concussion; eye damage; cuts, wounds, scrapes, abrasions and/or contusions; dehydration, drowning, exposure; head, neck and/or spinal injuries; bites, stings and/or allergic reactions; shock, paralysis or even death. I understand the rigorous nature and risks of paddlesports especially amidst changes in weather including rain, wind and lightning storms which is why I am required to wear a life jacket, PFD device or ankle leash. I agree to assume responsibility for the risks identified above and any risk not specifically identified. My/our participation in this activity is purely voluntary. I verify that I do not have epilepsy, asthma, or heart problems and that I am physically fit, not under the influence of drugs or alcohol and sufficiently qualified and capable of participating in these activities. Therefore, I assume full responsibility for myself, including any minor children, for which I am responsible, for bodily injury, accidents, illness, death, loss of personal property, and expenses thereof as a result of any accident that may occur. I/ we elect to participate despite the risks.
SAFETY RULES AND INSTRUCTIONS: Open water related activities like standup paddle boarding and kayaking are subject to dangers on the water and variable changes that may take place due to inclement weather. Each participant is required to have swimming ability and to wear the required safety devices, PFD, or leash for SUP at all times
PLEASE CHECK BELOW:
I can swim
I will wear a life jacket or PFD (Personal Flotation Device)
I agree to pay for any damages to rental equipment
INDEMNIFICATION AND RELEASE: I FULLY AND UNCONDITIONALLY RELEASE AND DISCHARGE DFW Surf and its agents, employees, owners, administrators, directors, officers, members, instructors, participants, volunteers, contractors, sponsors, advertisers, or event organizers, or others acting on their behalf of any liability, claims, demands, causes of action, losses, injuries, or damages, whether caused in whole or in part by the Released Parties, or by the negligence of the Released Parties. This Release extends to any injuries or damage that may arise from the use, rental, or other access to the equipment, facilities, or activities of DFW Surf or which may be connected to my participation in the activities, and to all claims for personal injuries or property damage sustained by me, or by my estate, parents, children, heirs, beneficiaries, personal representatives, or assigns (“the Releasing Parties”). On behalf of myself and the Releasing Parties, I AGREE TO INDEMNIFY, SAVE, AND HOLD HARMLESS DFW SURF AND EACH OF THE RELEASED PARTIES for any loss, liability, damage, litigation expenses, attorney fees, or cost of any kind, which may result from any injury, damage, or other loss occasioned by use, rental, or other access to equipment, facilities or activities of DFW Surf.
CHOICE OF LAW: This Agreement creates a covenant not to sue, and completely release and indemnify DFW Surf Grapevine, LLC and the Released Parties. If, despite this Agreement, suit is attempted, I agree that the exclusive forum shall be Tarrant County, Texas, applying Texas law. I agree that if any term of this Agreement is found to be void or unenforceable, then the remaining terms shall remain in full force and effect.
CAREFUL REVIEW AND UNDERSTANDING: I have carefully read this agreement in its entirety and understand its content. I am aware that this is an assumption of risk, waiver and release of liability and I sign it voluntarily. I understand that I am relinquishing substantial legal rights, including the right of financial recovery for injury whether the injury results from the activity or the negligence of the provider. I understand that this agreement supersedes any and all previous oral or written promises or agreements and that if any part of this agreement is deemed to be void, this will have no effect on the remainder of the agreement. I also understand that I should not and may not participate in this activity if I am under the influence of alcohol or drugs.
Date: October 31, 2020