SEAKINDLY ACTIVITIES WAIVER OF LIABILITY This agreement releases SEAKINDLY LLC, as well as its officers, shareholders, directors, agents, employees, and representatives (from hereon altogether referred to as “SEAKINDLY”), from any and all liability relating to any incident that may result in injury or death during the execution of the services for which SEAKINDLY has been engaged to perform. I agree for myself and (if applicable) for minors I am responsible for as a parent or guardian, to the following: 1. I have engaged SEAKINDLY’s services to learn how to eFoil, Wing Foil, Stand UP Paddle Foil, Prone Foil, Tow Foil, Stand Up Paddle Board and or any other activity associated with SEAKINDLY operations. I understand that SEAKINDLY may employ the use of a Personal Watercraft to assist in learning the above-mentioned activities, and that I will be required to be on or in close contact with a Personal Watercraft. I understand that any and all activities, equipment and environments associated with SEAKINDLY operations are inherently HAZARDOUS and can cause SERIOUS INJURY or EVEN DEATH! 2. I certify that I and (if applicable) my family members are sound of mind and physically fit for participation in the activities that I will partake in as part of the services provided by SEAKINDLY, and have not been advised to not participate by a qualified medical professional. I certify that there are no health-related reasons or problems which preclude my and (if applicable) my family’s participation in these activities, and I certify that I am not under the influence of any substances that might impart judgment and performance during my participation with SEAKINDLY. 3. I realize that there are certain inherent risks and hazards connected with the above-mentioned activities, and I am aware that such activities may result in serious injury and even death, and I hereby elect to voluntarily participate in said activities, knowing that the activities may be hazardous to my property and me. I understand that SEAKINDLY does not require me to participate in these activities. I voluntarily assume full responsibility and further release and discharge SEAKINDLY for any and all personal injury, including death, that may be sustained by me and (if applicable) my family members, or any loss or damage to property owned by me, as a result of being engaged in such an activities, whether caused by the fault of myself, my family, SEAKINDLY, or other third parties. SEAKINDLY is not responsible for The Passenger/Riders safety while they are NOT in direct supervision by a Seakindly Operator (When the Passenger/Rider is performing operations the alone). 4. I understand while participating in these activities, I and (if applicable) my family may be photographed or filmed by SEAKINDLY. I hereby allow SEAKINDLY to use any and all photographs, images, videos, film likeness, or audio recordings of myself and family members for the sole purpose of promotion and/or advertising of SEAKINDLY and its business. 5. It is my express intent that this agreement shall bind the members of my family and spouse, if I am alive, and my heirs, assigns and personal representative, if I am deceased, and shall be deemed as a release, waiver, discharge, and covenant not to sue SEAKINDLY. I hereby further agree that this agreement shall be construed in accordance with the laws of Puerto Rico. Any portion of this document deemed unlawful or unenforceable is severable and shall be stricken without any effect on the enforceability of the remaining provisions. 6. I acknowledge that, walking, standing, sitting, and in general being on or in the vicinity of a floating dock is a dangerous activity and can result in serious injury and even death. I understand that I am proceeding onto the floating dock at my own risk and that I shall take all precautions to be safe while on the floating dock. IN SIGNING THIS AGREEMENT, I ACKNOWLEDGE AND REPRESENT THAT I have read the foregoing Wavier of Liability, understand it and sign it voluntarily as my own free act and deed; no oral representations, statements, or inducements, apart from the foregoing written agreement, have been made; I am fully capable; and I execute this Agreement for full, adequate and complete consideration fully intending to be bound by same.
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