BY SIGNING THIS DOCUMENT, YOU WILL WAIVE OF GIVE UNCERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE OR CLAIM COMPENSATION FOLLOWING AN ACCIDENT
PLEASE READ CAREFULLY!
URBAN OCEAN SUP/Harmony Dawn & Dan Gavere and its directors, officers, employees, instructors, coaches, guides, agents, representatives, independent contractors, subcontractors, suppliers, successors, and assigns (of whom are hereinafter referred as “the Releasees”)
In this Release Agreement the term “Water Activities” shall include all activities, events or services provided, arranged, organized, conducted, sponsored or authorized by the Releasees and shall include, but is not limited to: stand up paddling, surfing, kayaking, boogie boarding, Whitewater SUP, windsurfing, wing sailing, sailing, snorkeling,winging,wing foiling, foiling, rental of equipment orientation and instructional courses, seminars and sessions; and all travel, transport and accommodation.
ASSUMPTION OF RISKS
I am aware that participating in Water Activities involve many risks, dangers and hazards including, but not limited to: accidents which occur during transportation or travel to and from location of Water Activities; slip and falls while getting into or out of the boats/boards: overturning of the boats/boards, loss of balance; impact, collision with or entrapment by trees, logs, deadfall, boats, equipment, other objects or other participants in the Water Activities; drowning, exposure to elements, frostnip, frostbite,heat exhaustion,heatstroke,sunburn, hypothermia, dehhydration, changing and inclement weather conditions including storms, varied wind, high wind, high waves, current, rapids, thunder and lightning; encounters with domestic or wild animals; negligence on the part of other participants; and NEGLIGENCE ON THE PART OF THE RELEASEES, INCLUDING THE FAILURE ON THE PART OF RELEASEES TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF PARTICIPATING IN THE WATER ACTIVITIES.
I AM AWARE OF THE RISKS, DANGERS AND HAZARDS ASSOCIATED WITH PARTICIPATING IN WATER ACTIVITIES AND I FREELY ACCEPT AND FULLY ASSUME ALL SUCH RISKS, DANGERS AND HAZARDS AND POSSIBILITY OF PERSONAL INJURY, DEATH AND PROPERTY DAMAGE OR LOSS RESULTING THEREFROM.
RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT
In consideration of the RELEASEES agreeing to my participation in the Water Activities and permitting my use of their services, equipment and other facilities, and for the other good and valuable consideration, the receipt and sufficiency of which is acknowledged, I hereby agree as follows:
1) TO WAIVE AND ALL CLAIMS that I have or may in the future have against the RELEASEES AND TO RELEASE THE RELEASEES from any and all liability for any loss, damage, expense or injury, including death, that I may suffer or that my next of kin may suffer, as a result of my participation in the Water Activities, DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, BREECH OF CONTRACT, OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE, INCLUDING ANY DUTY OF CARE OWED UNDER THE OCCUPIERS LIABILITY ACT, ON THE PART OF THE RELEASEES, AND FURTHER INCLUDING THE FAILURE ON THE PART OF THE RELEASEES TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS OF PARTICIPATION IN THE WATER ACTIVITIES REFERRED TO ABOVE;
2) TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES for any and liability for any property damage, loss of personal injury to any third party resulting from my participation in the Water Activities;
3) The Release Agreement shall be effective and binding upon my heirs, next of kin, executors, administrators, assigns and representatives, in the event of my death or incapacity;
4) This Release Agreement and any rights, duties and obligations as between the parties to this Release Agreement shall be governed by and interpreted solely in accordance with the laws of the province/state where the Water Activities take place and no other jurisdiction; and
5) Any litigation involving the parties to this Release Agreement shall be brought solely within the province/state where the Water Activities take place and shall be within the exclusive jurisdiction of the Courts of that province/state.
In entering into this Release Agreement, I am not relying on any oral or written representations or statements made by the Releasees with respect to the safety of the participating in the Water Activities, other than what is set forth in this Release Agreement.
I understand that during classes, workshops, programs, and other activity video, drone, or still photography may be taken. I agree that my photograph may be used without charge by Urban Ocean, and its partners, and/or it’s assigns for such purposes as they deem appropriate.
I understand that phones, go pros and other recodring devices are not allowed out with HDG Urban Ocean
I CONFIRM THAT I AM ATLEAST 18 YEARS OLD* I HAVE READ AND UNDERSTOOD THIS RELEASE AGREEMENT PRIOR TO SIGNING IT, AND I AM AWARE THAT BY SIGNING THIS RELEASE AGREEMENT I AM WAIVING CERTAIN LEGAL RIGHTS WHICH I OR MY HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, ASSIGNS AND REPRESENTATIVES MAY HAVE AGAINST THE RELEASES.
*A PARENT OR GUARDIAN MUST SIGN THIS IF YOU ARE UNDER 18 YEARS OF AGE . PROVISION OF FALSE INFORMATION OR SIGNATURE RELEASEES URBAN OCEAN FROM ANY CLAIMS.
COVID-19 Related Risk Acknowledgement:
I acknowledge the contagious nature of COVID-19 and that the CDC and many other public health authorities still recommend practicing social distancing.
I further acknowledge that HDG Urban Ocean has put in place preventative measures to reduce the spread of the COVID-19.
I further acknowledge that HDG Urban Ocean can not guarantee that instructors/coaches will not become infected with the COVID-19. I understand that the risk of becoming exposed to and/or infected by COVID-19 may result from the actions, omissions, or negligence of myself and others.
I voluntarily seek services provided by HDG Urban Ocean and acknowledge that I am increasing my risk to exposure to the COVID-19. I acknowledge that I must comply with all set procedures to reduce the spread while attending my appointment.
I attest that:
* I am not experiencing any symptoms of illness such as cough, shortness of breath or difficulty breathing, fever, chills, repeated shaking with chills, muscle pain, headache, sore throat, or new loss of taste or smell.
* I do not believe I have been exposed to someone with a suspected and/or confirmed case of COVID-19.
* I have not been diagnosed with COVID-19 and not yet cleared as non-contagious by state or local public health authorities.
* I am following all CDC recommended guidelines as much as possible and limiting my exposure to the COVID-19.
I hereby release and agree to hold HDG Urban Ocean harmless from and waive on behalf of myself, my heirs, and any personal representatives any and all causes of action, claims, demands, damages, costs, expenses, and compensation for damage or loss to myself and/or property that may be caused by any act, or failure to act of the operators, or that may otherwise arise in any way in connection with any services received from HDG Urban Ocean. I understand that this release discharges HDG Urban Ocean from any liability or claim that I, my heirs, or any personal representatives may have with respect to any bodily injury, illness, death, medical treatment, or property damage that may arise from, or in connection to, any services received from HD Urban Ocean.
Today's Date: February 5, 2023