RELEASE OF LIABILITY, ASSUMPTION OF RISK, WAIVER OF CLAIMS, & INDEMNIFICATION AGREEMENTNOTICE: By signing this document, you may be waiving certain legal rights, including the right to sue. Agreement OverviewIn consideration of being allowed to use the equipment and participate in the activities provided by Session Lessons, LLC or Session Sports, LLC dba Session Sports, or any affiliates and partners thereof (collectively, the “Host”), the Participant (and the Participant’s parent(s) or legal guardian(s) if the Participant is a minor) hereby agree, to the fullest extent permitted by law, to the following: Defined Activities & EquipmentFor the purposes of this Agreement, “Activities” shall include, but are not limited to: kiteboarding, efoiling, wing surfing (also known as winging or wing foiling), electric skateboarding, and electric bicycling. This includes all forms of instruction, lessons, demonstrations, gear rentals, guided tours, and use of any equipment provided by the Host (“Equipment”). 1. Waiver of ClaimsThe Participant hereby agrees to WAIVE ANY AND ALL CLAIMS they have or may have in the future against the Host arising out of the Participant’s participation in the Activities or the use of Equipment. This waiver applies to all aspects of the engagement, including instruction, training, rentals, borrowing, purchasing, or guided tours. 2. Assumption of RiskThe Participant hereby agrees to ASSUME ALL RISKS associated with participating in the Activities and using the Equipment, including those caused by the negligent acts or conduct of the Host, its owners, affiliates, employees, agents, officers, or subcontractors. The Participant and their parent(s)/guardian(s) understand that there are significant inherent risks—both foreseen and unforeseen—which include serious physical injury, permanent disability, and death. 3. Release of LiabilityThe Participant hereby agrees to RELEASE the Host from all liability for any loss, damage, injury, death, or expense that the Participant (or their next of kin) may suffer arising out of participation in the Activities or use of the Equipment. This release specifically includes claims arising from the negligence of the Host to the fullest extent permitted by law. However, nothing in this Agreement shall be construed as a release for conduct found to constitute gross negligence or intentional misconduct. 4. IndemnificationThe Participant hereby agrees to INDEMNIFY AND HOLD HARMLESS the Host from any and all liability for any loss, damage, injury, death, or expense suffered by the Participant (or their next of kin) or any third party, arising out of the Participant's participation in the Activities or use of the Equipment. Personal Responsibility- Medical Fitness: The Participant certifies that they have no physical or mental condition that precludes them from participating in the Activities and that they are not participating against medical advice.
- Voluntary Participation: The Participant understands that participation is voluntary and acknowledges they have had the opportunity to inspect the Host’s Equipment and facilities prior to use.
- Adherence to Rules: The Participant agrees to follow all rules and safety instructions. They acknowledge that risks can be minimized through the exercise of common sense and constant awareness of their surroundings.
- Hazard Reporting: If the Participant observes any unusual hazard or condition during the Activities, they agree to immediately remove themselves from the situation and bring the hazard to the attention of the Host.
SeverabilityTo the extent that any portion of this Agreement is deemed invalid under the laws of the applicable jurisdiction, the remaining portions shall remain binding and enforceable by the Host and its counsel. I HAVE READ AND UNDERSTAND THIS AGREEMENT. I AM AWARE THAT BY SIGNING THIS DOCUMENT, I AM WAIVING CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE.
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