Please read and be certain you understand the implications of signing. By signing below, you are confirming your agreement and understanding of what is stated below.
Express Assumption of Risk Associated with Sport, Venue Use and Related Activities
I do hereby affirm and acknowledge that I have been fully informed of the inherent hazards and risks associated with activities with STAND UP PADDLE BOARDING, KAYAKING, YOGA AND OUTDOOR EXERCISE, transportation of equipment related to the activities, and traveling to and from the activity sites in which I am about to engage.
Inherent hazards and risks include but are not limited to:
- Risk of injury from the activity and equipment utilized is significant including the potential for broken bones, severe injuries to the head, neck, back and/or surfer’s myelopathy, drowning or other bodily injuries that may result in permanent disability or death.
- Possible equipment failure and/or malfunction or misuse of my own or other’s equipment, which may result in injury, including those injuries described above.
- I AGREE THAT I WILL WEAR APPROVED PROTECTIVE GEAR AS DECREED BY THE GOVERNING BODY OF THE SPORT I AM PARTICIPATING IN. However, I understand that protective gear cannot guarantee the participant’s safety. I further agree that no helmet can protect the wearer against all potential head injuries or prevent injury to the wearer’s face, neck or spinal cord or from surfer’s myelopathy.
- Variation in terrain, wind, temperature and water conditions, including but not limited to waves, currents, shore break, tides, marine life, blowing sand, trees, rocks, other persons and their equipment, motorized boat traffic and other natural and man-made hazards.
- My own negligence and or the negligence of others, including but not limited to operator error and instructor/guide decision making including misjudging ocean conditions, weather, equipment or obstacles.
- Exposure to the elements and temperature, extremes may result in heat exhaustion, heat stroke, sunburn, hypothermia and dehydration.
- Dangers associated with exposure to natural elements include but are not limited to tsunami, hurricane, inclement weather, thunder and lightning, severe and/or varied winds, temperature, sea conditions and marine life.
- Fatigue, exhaustion, chill and/or dizziness, which may diminish my/our reaction time and increase the risk of accident.
- Impact or collision with other participants, athletes, spectators, employees, pedestrians, motor vehicles, motorized boat traffic and cyclists.
**I understand the description of these risks is not complete and unknown or unanticipated risks may result in injury, illness, or death.
Release of Liability, Waiver of Claims and Indemnity Agreement
In consideration for being permitted to participate in the above described activities and related activities, I hereby agree, acknowledge and appreciate that:
- I HEREBY RELEASE AND HOLD HARMLESS WITH RESPECT TO ANY AND ALL INJURY, DISABILITY, DEATH, or loss or damage to person or property. WHETHER CAUSED BY NEGLIGENCE OR OTHERWISE, the following named persons or entities, herein referred to as releasees: Paddle the Pointe, LLC. I agree to release the releasees, their officers, directors, employees, representatives, agents, and volunteers from any and all liability and responsibility whatsoever and for any claims or causes of action that I, my estate, heirs, survivors, executors, or assigns may have for personal injury, property damage, or wrongful death arising from the above activities or passive negligence of the releasees or otherwise. By executing this document, I agree to hold the releasees harmless and indemnify them in conjunction with any injury, disability, death, or loss or damage to person or property that may occur as a result of my engaging in the above activities.
- By entering into this Agreement, I am not relying on any oral or written representation or statements made by the releasees, other than what is set forth in this agreement.
- This agreement shall apply to any and all injury, disability, death, or loss or damage to person or property occurring at any time after the execution of this agreement.
- The use by me of any equipment (the Equipment) provided by Paddle the Pointe, LLC constitutes my acceptance of the Equipment on a temporary lease basis in As-Is condition, without any representation or warranty whatsoever. I will immediately pay Paddle the Pointe, LLC for any damage, destruction or loss of any of the Equipment. If I fail to return to Paddle the Pointe, LLC any or all of the Equipment, I will immediately reimburse Paddle the Pointe, LLC for the full replacement cost of the unreturned Equipment, and if Paddle the Pointe, LLC has made any effort to search for or locate the unreturned Equipment, I will immediately pay Paddle the Pointe, LLC for that effort.
- If any provision of this Agreement is determined to be unenforceable for any reason, all other provisions of this Agreement will remain in full force and effect. The provisions of this Agreement will survive any termination, cancellation, expiration or conclusion of the Activities. This Agreement incorporates the entire understanding and agreement between me and Paddle the Pointe, LLC any modification of this Agreement shall be in accordance with the laws of the State of Florida, and the venue for any litigation or other legal proceedings will be in Martin County, Florida.
- Paddle the Pointe, LLC may use any and all photographs, videos, slides, digital files and any other images of me in any advertising, marketing, display, publication, website, or any other media or for any other purpose, or use, obtained, created, produced or reproduced for, by or in connection with Paddle the Pointe, LLC or the Activities, and any and all such photographs, videos, slides, digital files and any other images including without limitation, any and all copyright and other rights, will belong to and remain the exclusive property of Paddle the Pointe, LLC.
This release shall be binding to the fullest extent permitted by law. If any provision of this release is found to be unenforceable, the remaining terms shall be enforceable.
I HAVE READ THIS RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT, I FULLY UNDERSTAND ITS TERMS, I UNDERSTAND THAT I HAVE GIVEN UP LEGAL RIGHTS BY SIGNING IT AND I SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.
FOR PARTICPANTS OF MINORITY AGE: This is to certify that I, as Parent, Legal Guardian, Temporary Guardian with legal responsibility for this participant, do consent and agree not only to his/her release of all Releasees, but also to release and indemnify the Releasees from any and all liabilities incident to his/her involvement in these programs for myself, my heirs, assigns, and next of kin. If Participant is a Minor, and by their signature they on my behalf, release all claims that both they and I have.
Dated: January 26, 2021