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RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT

Introduction:

This is a ​Release and Assumption of Risk form. Please read it carefully before signing. This release essentially states that you know and understand that you (or the minor under 18 years of age on whose behalf you are signing) are participating in surf camp, taking surfing lessons, taking stand up paddleboard (“SUP”) lessons, taking kayak lessons (and/or participating in a SUP or kayak tour) and/or renting beach equipment/accoutrements (to include surfboards, SUP boards and paddles, kayaks and paddles, bodyboards, skimboards, wetsuits, booties, gloves, swim fins/flippers, life jackets, bicycles, helmets, locks, baskets, drink/refreshment trays, coolers, folding tables, beach chairs and other chairs, umbrellas and/or canopy tents) that will be going to and in and around the beach and/or into the ocean, and as a result of the inherent risks in these activities and uses and items and this location, you know that you (or the minor on whose behalf you are signing) may die, get hurt, or sustain damage to your belongings. If any of these occur, you are confirming your understanding that you have knowingly assumed all such risks and waived any right you might otherwise even arguably have to sue, or otherwise assert a claim against or expect Tony Silvagni, individually and dba “Tony Silvagni Surf School,” the TONY SILVAGNI SURF SCHOOL, LLC, and/or any of its owners, officers, agents, employees, or associates (hereinafter, sometimes collectively referred to as “TSSS”) to be legally responsible for or otherwise pay for any damages that you may suffer as a result of your engaging in any of these activities and/or otherwise renting and/or using any of these items.

RELEASE, WITH ACKNOWLEDGEMENT AND ASSUMPTION OF RISKS:

I, the undersigned, hereby acknowledge that I (or the minor on whose behalf I am signing) have voluntarily chosen to take one or more of the following lessons and/or rent one or more of the following items: (1) surfing lessons (and/or surf camp), (2) stand up paddleboarding lessons (and/or a stand up paddleboard tour), (3) kayak lessons (and/or a kayak tour), (4) renting beach equipment/accoutrements (to include surfboards, SUP boards and paddles, kayaks and paddles, bodyboards, skimboards, wetsuits, booties, gloves, swim fins/flippers, life jackets, bicycles, helmets, locks, baskets, drink/refreshment trays, coolers, folding tables, beach chairs and other chairs, umbrellas and/or canopy tents) from the TONY SILVAGNI SURF SCHOOL that will be going to and in and around the beach and/or into the ocean. I hereby further expressly and unequivocally acknowledge my actual and absolute understanding that certain risks are inherent in taking stand up paddleboarding lessons or tours, kayak lessons or tours, or surfing lessons or camp (or any recreational activity, for that matter) and these risks cannot be eliminated, altered, or controlled; and these risks can be the cause of injury, illness, death, or other damages. I also know and fully understand that surfing and stand up paddle boarding and kayaking and bodyboarding (with and without fins) and skimboarding and bicycling are outdoor activities in an uncontrolled natural environment with inherent risks and hazards where serious accidents and property damage can and do occur, and participants can and do die or sustain injuries. I likewise expressly and unequivocally acknowledge my actual and absolute understanding that certain risks are also inherent in renting and using beach equipment/accoutrements (to include surfboards, SUP boards and paddles, kayaks and paddles, bodyboards, skimboards, wetsuits, booties, gloves, swim fins/flippers, life jackets, bicycles, helmets, locks, baskets, drink/refreshment trays, coolers, folding tables, beach chairs and other chairs, umbrellas and/or canopy tents) and these risks cannot be eliminated, altered, or controlled; and these risks can be the cause of injury, illness, death, or other damages.

LIKEWISE, FOR AND IN CONSIDERATION OF ​the utility, privilege and enjoyment ​of taking surfing, stand up paddleboarding and/or kayaking lessons and/or tours and/or renting (for the purpose of using) one or more surfboards, standup paddleboards, kayaks, bodyboards, swim fins/flippers, and/or skimboards from Tony Silvagni and/or other instructors of the TONY SILVAGNI SURF SCHOOL, LLC at their agreed rates, I, the undersigned (herein, sometimes referred to as “Releasing Party”), do hereby – on behalf of myself or on behalf of the minor for whom I am signing (and also on behalf of all of my or said minor’s heirs, executors, administrators and assigns) – release, acquit and otherwise forever discharge the TONY SILVAGNI SURF SCHOOL, LLC, Tony Silvagni and any and all other TSSS instructors, and all of their respective owners. officers, agents, employees, members, or assigns (herein, sometimes referred to collectively as “Released Parties’) of and from any and all past, present or future causes of action, claims, demands, damages, costs, loss of services, expenses, compensations, third-party actions, suits at law or in equity, including claims or suits for contribution or indemnity, of whatever nature, and of and from any and all incidental or consequential damages in any way growing out of any personal injury or death or property damage resulting from my renting (for the purpose of using) one or more wetsuits, pairs of booties or gloves, swim fins/flippers, life jackets, helmets, locks, baskets, drink/refreshment trays, coolers, folding tables, beach chairs and/or other chairs, umbrellas and/or canopy tents and/or other beach equipment/accoutrements from TSSS.

I do hereby further expressly and unequivocally acknowledge – on behalf of myself or on behalf of the minor for whom I am signing – my full knowledge and understanding that renting (for the purpose of using) one or more beach chairs, umbrellas, canopy tents and/or other such aforementioned beach equipment/accoutrements necessarily entails participant exposure to various inherent and other known and unknown and unknowable risks, including, but not limited to: (1) wind lifting and/or otherwise blowing these items into and injuring their users and/or others; (2) waves, tide or other water lifting and/or otherwise throwing these items into and injuring their users and/or others; (3) pinched, lacerated or otherwise injured body parts during set up, use or pack up; (4) collapse of any such items due to defect or deterioration; (5) exposure to the outdoor ocean environment, extreme temperatures, sun, and inclement weather; (6) assistance in lifting and/or carrying equipment; and (7) unavailability of immediate and appropriate medical attention in case of injury. Again, I understand and acknowledge that the above list is not complete or exhaustive, and that other risks, known or unknown, anticipated or unanticipated, may also exist and result in injury, illness, disease, death or damage. My participation (or that of the minor on whose behalf I am signing) in these activities is purely voluntary and I elect to do so (or consent to have the minor on whose behalf I am signing do so) at my/our own risk. By signing this RELEASE, WITH ACKNOWLEDGEMENT AND ASSUMPTION OF RISKS, I do hereby knowingly and lawfully assume all such risk and full responsibility for any consequences of such risk.

LIKEWISE, ​FOR AND IN CONSIDERATION OF ​the utility, privilege and enjoyment of ​renting (for the purpose of using) one or more wetsuits, pairs of booties or gloves, swim fins/flippers, life jackets, helmets, locks, baskets, drink/refreshment trays, coolers, folding tables, beach chairs and/or other chairs, umbrellas and/or canopy tents from TSSS at their agreed rates, I, the undersigned (herein, sometimes referred to as “Releasing Party”), do hereby – on behalf of myself or on behalf of the minor for whom I am signing, (and also on behalf of all of my or said minor’s heirs, executors, administrators and assigns) – release, acquit and otherwise forever discharge the TONY SILVAGNI SURF SCHOOL, LLC, Tony Silvagni and any and all other TSSS instructors, and all of their respective owners. officers, agents, employees, members, or assigns (herein, sometimes referred to collectively as “Released Parties’) of and from any and all past, present or future causes of action, claims, demands, damages, costs, loss of services, expenses, compensations, third-party actions, suits at law or in equity, including claims or suits for contribution or indemnity, of whatever nature, and of and from any and all incidental or consequential damages in any way growing out of any personal injury or death or property damage resulting from my renting (for the purpose of using) one or more wetsuits, pairs of booties or gloves, swim fins/flippers, life jackets, helmets, locks, baskets, drink/refreshment trays, coolers, folding tables, beach chairs and/or other chairs, umbrellas and/or canopy tents and/or other beach equipment/accoutrements from TSSS.

I do hereby further expressly and unequivocally acknowledge – on behalf of myself or on behalf of the minor for whom I am signing – my full knowledge and understanding that renting (for the purpose of using) one or more beach chairs, umbrellas, canopy tents and/or other such aforementioned beach equipment/accoutrements necessarily entails participant exposure to various inherent and other known and unknown and unknowable risks, including, but not limited to: (1) wind lifting and/or otherwise blowing these items into and injuring their users and/or others; (2) waves, tide or other water lifting and/or otherwise throwing these items into and injuring their users and/or others; (3) pinched, lacerated or otherwise injured body parts during set up, use or pack up; (4) collapse of any such items due to defect or deterioration; (5) exposure to the outdoor ocean environment, extreme temperatures, sun, and inclement weather; (6) assistance in lifting and/or carrying equipment; and (7) unavailability of immediate and appropriate medical attention in case of injury. Again, I understand and acknowledge that the above list is not complete or exhaustive, and that other risks, known or unknown, anticipated or unanticipated, may also exist and result in injury, illness, disease, death or damage. My participation (or that of the minor on whose behalf I am signing) in these activities is purely voluntary and I elect to do so (or consent to have the minor on whose behalf I am signing do so) at my/our own risk. By signing this RELEASE, WITH ACKNOWLEDGEMENT AND ASSUMPTION OF RISKS, I do hereby knowingly and lawfully assume all such risk and full responsibility for any consequences of such risk.

Furthermore, to the extent Released Parties ever provide transportation to the beach, I hereby acknowledge and willingly assume, on my own behalf (or on behalf of the minor for whom I am signing) all risks and hazards involved in the activity of riding in a motor vehicle; and I also expressly agree to release and otherwise discharge Released Parties from any act or omission, excluding acts of wanton or gross negligence, in rendering or failing to render any type of rescue, emergencyormedicalservices. Insigningthisdocument,IfullyrecognizeandunderstandthatifI(oranyminoronwhosebehalfIamsigning)amhurt,die,ormy property is damaged, I am giving up my right to make a claim or file a lawsuit against the Released Parties, even if it negligently (or by some other act or omission, excluding acts of wanton or gross negligence) causes the injury or damage.

Indemnification​: I hereby further agree that I (or the minor on whose behalf I am signing) will indemnify and otherwise save and hold Released Parties harmless from and against any and all claims or costs, including attorneys’ fees, of third-parties in any way arising from personal injury, death or property damage to any other participant, spectator or third-party, whether or not resulting from negligence, in the course of my (or the minor’s, on whose behalf I am signing) participation in TSSS activities and/or otherwise using TSSS rental or other equipment.

I understand and agree that this RELEASE, WITH ACKNOWLEDGEMENT AND ASSUMPTION OF RISKS shall be binding upon myself and all of my heirs, assigns and next of kin (or those of the minor on whose behalf I sign), and shall extend to the benefit of Released Parties and their successors and assigns.

I (or the minor on whose behalf I am signing) do not, to the best of my knowledge, have any physical limitation, medical ailment or mental disability that would prevent me (or the minor) from participating in the abovementioned operations and activities.

Any dispute that may arise out of this agreement is governed by the laws of the State of North Carolina.

I hereby agree to abide by all rules, regulations, and instructions of TSSS while participating in all TSSS-related activities.

I understand and agree that TSSS reserves the right to accept or deny service to any person.

I HAVE READ THIS DOCUMENT IN ITS ENTIRETY AND FULLY AGREE TO THE TERMS OF THIS ​RELEASE, WITH ACKNOWLEDGEMENT AND ASSUMPTION OF RISKS​. I UNDERSTAND THAT THIS IS THE ENTIRE AGREEMENT BETWEEN THE UNDERSIGNED AND TONY SILVAGNI SURF SCHOOL, LLC, ITS OWNERS, OFFICERS, AGENTS, AND EMPLOYEES, AND THAT THIS AGREEMENT CANNOT BE MODIFIED OR CHANGED IN ANY WAY BY THE ORAL REPRESENTATIONS OR STATEMENTS OF TSSS OR THE UNDERSIGNED. I HEREBY CONFIRM THAT I FULLY UNDERSTAND THAT BY SIGNING THIS ​RELEASE, WITH ACKNOWLEDGEMENT AND ASSUMPTION OF RISKS I AM AGREEING TO GIVE UP CONSIDERABLE FUTURE LEGAL RIGHTS THAT I (OR THE MINOR ON WHOSE BEHALF I AM SIGNING) MIGHT OTHERWISE HAVE AGAINST RELEASED PARTIES. I NONETHELESS SIGN THIS DOCUMENT FREELY, VOLUNTARILY, WITHOUT DURESS OR THREAT OF DURESS, AND WITHOUT INDUCEMENT, PROMISE OR GUARANTEE BEING COMMUNICATED TO ME OTHER THAN AS RECITED HEREIN. MY SIGNATURE IS PROOF OF MY INTENTION TO EXECUTE A COMPREHENSIVE AND UNCONDITIONAL WAIVER AND RELEASE OF ALL LIABILITY TO THE FULL EXTENT OF THE LAW. I AM MENTALLY COMPETENT TO ENTER INTO THIS AGREEMENT.

MISC. AUTHORIZATIONS:

EMERGENCY MEDICAL TREATMENT AND MEDICAL INFORMATION:

I hereby grant TSSS permission to treat me (or the minor on whose behalf I am signing) in case of emergency illness, injury or accident. Should emergency medical services become necessary for the undersigned participant or minor, the expenses are the sole responsibility of the participant and not TSSS. I also certify that I (and any minor on whose behalf I am signing) am physically and mentally capable of participating in these activities. I hereby represent that I have informed TSSS (as I have written above) of any pertinent medical conditions that may affect my or the minor’s participation in these surfing activities.

Today's Date: August 16, 2022

First Participant's Name

First Name*

Last Name*
First Participant's Date of Birth*
I certify that I am 18 years of age or older
First Participant's Information
PROMOTIONAL PHOTOGRAPHY: I hereby agree that TSSS may use film or photographic records of this surfing class and my participation for its promotional and/or commercial purposes without compensation to me.*
No
Yes
First Participant's Signature*
Second Participant's Name

First Name*

Last Name*
Second Participant's Date of Birth*
Second Participant's Information
PROMOTIONAL PHOTOGRAPHY: I hereby agree that TSSS may use film or photographic records of this surfing class and my participation for its promotional and/or commercial purposes without compensation to me.*
No
Yes
Third Participant's Name

First Name*

Last Name*
Third Participant's Date of Birth*
Third Participant's Information
PROMOTIONAL PHOTOGRAPHY: I hereby agree that TSSS may use film or photographic records of this surfing class and my participation for its promotional and/or commercial purposes without compensation to me.*
No
Yes
Fourth Participant's Name

First Name*

Last Name*
Fourth Participant's Date of Birth*
Fourth Participant's Information
PROMOTIONAL PHOTOGRAPHY: I hereby agree that TSSS may use film or photographic records of this surfing class and my participation for its promotional and/or commercial purposes without compensation to me.*
No
Yes
Fifth Participant's Name

First Name*

Last Name*
Fifth Participant's Date of Birth*
Fifth Participant's Information
PROMOTIONAL PHOTOGRAPHY: I hereby agree that TSSS may use film or photographic records of this surfing class and my participation for its promotional and/or commercial purposes without compensation to me.*
No
Yes
Sixth Participant's Name

First Name*

Last Name*
Sixth Participant's Date of Birth*
Sixth Participant's Information
PROMOTIONAL PHOTOGRAPHY: I hereby agree that TSSS may use film or photographic records of this surfing class and my participation for its promotional and/or commercial purposes without compensation to me.*
No
Yes
Seventh Participant's Name

First Name*

Last Name*
Seventh Participant's Date of Birth*
Seventh Participant's Information
PROMOTIONAL PHOTOGRAPHY: I hereby agree that TSSS may use film or photographic records of this surfing class and my participation for its promotional and/or commercial purposes without compensation to me.*
No
Yes
Eighth Participant's Name

First Name*

Last Name*
Eighth Participant's Date of Birth*
Eighth Participant's Information
PROMOTIONAL PHOTOGRAPHY: I hereby agree that TSSS may use film or photographic records of this surfing class and my participation for its promotional and/or commercial purposes without compensation to me.*
No
Yes
Ninth Participant's Name

First Name*

Last Name*
Ninth Participant's Date of Birth*
Ninth Participant's Information
PROMOTIONAL PHOTOGRAPHY: I hereby agree that TSSS may use film or photographic records of this surfing class and my participation for its promotional and/or commercial purposes without compensation to me.*
No
Yes
Tenth Participant's Name

First Name*

Last Name*
Tenth Participant's Date of Birth*
Tenth Participant's Information
PROMOTIONAL PHOTOGRAPHY: I hereby agree that TSSS may use film or photographic records of this surfing class and my participation for its promotional and/or commercial purposes without compensation to me.*
No
Yes
Parent or Guardian's Email Address

Email*

Confirm Email*
Check to receive information, news, and discounts by e-mail.
Participant Address and Phone Number

Street address *

City, State Zip *

Phone number
Emergency Contact

Emergency Contact name: *

Emergency Contact Phone Number *

Medical conditions and allergies *
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*

Last Name*
Parent or Guardian's Date of Birth*
I certify that I am 18 years of age or older
Parent or Guardian's Information
PROMOTIONAL PHOTOGRAPHY: I hereby agree that TSSS may use film or photographic records of this surfing class and my participation for its promotional and/or commercial purposes without compensation to me.*
No
Yes
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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