This BeachSports, LLC Assumption of Risk, Release and Waiver of Liability and Indemnity Agreement(the “Agreement”)is made by and between myself (hereafter “Myself” and “I”), as parent/guardian of the undersigned minor (“Child”), and BeachSports, LLC, a California LLC (“BeachSports”), in connection with the camps, programs, and sports activities to be provided by BeachSports, including, but not limited to, surfing, skateboarding, volleyball, and other sports and activities to be taken in person at BeachSports facilities and other various locations, including beaches, skate parks, and harbors within Los Angeles county (collectively, “BeachSports Activities”).
I understand that BeachSports Activities include activities that are HAZARDOUS RECREATION ACTIVITIES and carry a degree of risk that no amount of care, caution, instruction, or expertise can completely eliminate. In consideration of my Child being allowed to participate in BeachSports Activities and related events, I, on behalf of my Child, acknowledge, appreciate, and agree to the following:
1. Assumption of Risks:
a. Participation in BeachSports Activities carries with it certain inherent risks due to the nature and setting of the sport(s) and activities that cannot be eliminated regardless of the care taken to avoid injury. The specific risks range from one activity to another, but the risks range from 1) minor injuries such as scratches, bruises, and sprains, to 2) major injuries such as eye injury, joint or bone injuries, heart attacks, and concussions, to 3) catastrophic injuries such as drowning, paralysis, and death; and
b. I KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, both known and unknown, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASED PARTIES (as defined below) or others, and I assume full responsibility for my Child’s participation; and
c. I represent that my Child is qualified and in proper physical condition to safely participate in the BeachSports Activities. If there are any known health conditions that might affect my Child’s participation in BeachSports Activities, I will disclose such conditions to BeachSports prior to the BeachSports Activities so that proper safety and medical precautions can be taken. If at any time, however, I believe the BeachSports Activities and conditions to be unsafe for my Child, I will notify BeachSports and remove my Child from participation immediately; and
d. I, for myself and on behalf of my Child, my heirs, assigns, personal representatives and next of kin, HEREBY RELEASE, INDEMNIFY, AND HOLD HARMLESS BEACHSPORTS, LLC, THE COUNTY OF LOS ANGELES, THE L.A. COUNTY DEPARTMENT OF BEACHES AND HARBORS, AND THEIR MEMBERS, PRINCIPALS, PARENTS, SUBSIDIARIES, PARTNERS, REPRESENTATIVES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INDEPENDENT CONTRACTORS, PREDECESSORS, SUCCESSORS, AFFILIATED OR RELATED ENTITIES, ASSISTANTS, ADVERTISERS, AND, IF APPLICABLE, OWNERS AND LESSORS OF PREMISES USED FOR ACTIVITY (hereafter the “Released Parties”), WITH RESPECT TO ANY AND ALL INJURY, DISABILITY, DEATH, OR LOSS OR DAMAGE TO PERSON OR PROPERTY, regarding my Child and/or arising from my Child’s activities, WHETHER ARISING FROM NEGLIGENCE OF THE RELEASED PARTIES OR OTHERWISE, except for grossly negligent or willful misconduct, or otherwise to the fullest extent of the law.
2. Coronavirus / COVID-19 Risks: The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious and is believed to spread mainly from person-to-person contact. As a result, federal, state, and local governments and federal and state health agencies recommend social distancing and have, in many locations, prohibited the congregation of groups of people. BeachSports has put in place preventative measures to reduce the spread of COVID-19; however, BeachSports cannot guarantee that you, your Child, or those around you will not become infected with COVID-19. Further, attending BeachSports could increase your risk and your Child’s risk of contracting COVID-19.
a. By signing this agreement, I acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that my Child and I, and those around us, may be exposed to or infected by COVID-19 by attending BeachSports and that such exposure or infection may result in personal injury, illness, permanent disability, and death. I understand that the risk of becoming exposed to or infected by COVID-19 at BeachSports may result from the actions, omissions, or negligence of myself and others, including, but not limited to, BeachSports employees, contractors, volunteers, and program participants and their families.
b. I voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to my Child or myself (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind, that I, my Child, or those around us may experience or incur in connection with my Child’s attendance at BeachSports or participation in BeachSports programming (“COVID Related Claims”). On my behalf, and on behalf of my children, I hereby release, covenant not to sue, discharge, and hold harmless BeachSports, its employees, agents, and representatives, of and from the COVID Related Claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto. I understand and agree that this release includes any COVID Related Claims based on the actions, omissions, or negligence of BeachSports, its employees, agents, and representatives, whether a COVID-19 infection occurs before, during, or after participation in any BeachSports Activities.
c. I further acknowledge and agree that in connection with my Child’s participation in BeachSports Activities, my Child and I will follow all BeachSports COVID-19 related rules and protocols, as well as the COVID-19 rules, regulations, mandates and safety protocols issued by the City in which my Child’s BeachSports Activities occur, the County of Los Angeles, State of California, and/or the CDC.
3. Indemnification and Hold Harmless: I also agree to indemnify and hold BeachSports harmless from any and all claims, actions, suits, procedures, costs, expenses, damages and liabilities, including attorney’s fees, arising out of my Child’s involvement in BeachSports Activities, and to reimburse it for any such expenses incurred.
4. Severability: I further expressly agree that the foregoing Agreement is intended to be as broad and inclusive as is permitted by the law of the State of California and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
5. Governing Law and Venue: This Agreement shall be governed by the laws of the State of California, and all claims or disputes hereunder or questions arising out of this Agreement shall be determined only in the federal or state courts located in Los Angeles County, California, to the exclusion of all other courts.
6. Acknowledgement of Understanding: I HAVE CAREFULLY READ AND VOLUNTARILY SIGN THIS ASSUMPTION OF RISK, RELEASE AND WAIVER OF LIABILITY, AND INDEMNITY AGREEMENT AND FURTHER AGREE THAT NO ORAL REPRESENTATIONS, STATEMENTS OR INDUCEMENT APART FROM THE FOREGOING WRITTEN AGREEMENT HAVE BEEN MADE. I AM AWARE THAT BY AGREEING TO THIS AGREEMENT I AM GIVING UP VALUABLE LEGAL RIGHTS FOR MYSELF AND MY CHILD, INCLUDING THE RIGHT TO RECOVER DAMAGES FROM BEACHSPORTS IN CASE OF ILLNESS, INJURY, DEATH OR PROPERTY DAMAGE, INCLUDING, FOR THE AVOIDANCE OF DOUBT AND WITHOUT LIMITATION, EXPOSURE TO COVID-19 AT ANY BEACHSPORTS FACILITY AND ANY ILLNESS, INJURY OR DEATH RESULTING THEREFROM. I UNDERSTAND THAT THIS DOCUMENT IS A PROMISE NOT TO SUE AND A RELEASE OF AND INDEMNIFICATION FOR ALL CLAIMS.
By checking the "I Agree" box below, I acknowledge that I have read and understand the terms of this Assumption of Risk, Release and Waiver of Liability, and Indemnity Agreement and agree to its terms.