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SoCal Exotic Watersports LLC

Multi-Sport Release of Liability, Waiver of Assumption of Risk, and Indemnity Agreement:

This Release of Liability, Waiver of Assumption of Risk, and Indemnity Agreement ("Agreement") is made and entered into as of [Date] by and between:

1. Participant: [Your Name] ("Participant").

2. Parent/Guardian (Optional): [Parent/Guardian Name], acting as parent or legal guardian of [Minor Participant Name] ("Minor Participant") born on [Date of Birth].

and SoCal Exotic Watersports LLC, a Watersports School / Store ("SoCal Exotic Watersports").

In consideration of being allowed to participate in lessons involving kiteboarding (kiting), wingfoiling (winging), and/or electric hydrofoiling (e-foiling) provided by SoCal Exotic Watersports ("Lessons"), Participant or Minor Participant (as applicable) hereby agrees as follows:

1. Assumption of Risk: Participant or Minor Participant understands and acknowledges that all three sports – kiting, winging, and e-foiling – are inherently dangerous activities and involve risks of significant injury, including but not limited to:

  • Collisions with other watergoers, objects, or the water surface.
  • Falls and wipeouts, resulting in sprains, fractures, or other injuries.
  • Equipment malfunction or failure.
  • Drowning or other water-related hazards.
  • Wind-related risks for kiting and winging.
  • Electrical hazards for e-foiling.

Participant or Minor Participant acknowledges that these risks cannot be eliminated and that participation in the Lessons are completely voluntary and, however unlikely, may result in serious bodily injury, death, or property damage.

2. Release of Liability: Participant or Minor Participant hereby releases, discharges, and holds harmless SoCal Exotic Watersports, its officers, directors, employees, agents, volunteers, independent contractors, the owners and operators of any marina, beach, or park where lessons are conducted, and the manufacturers of any equipment used in the Lessons ("Released Parties") from any and all claims, losses, damages, liabilities, costs, and expenses (including attorneys' fees) arising out of or in any way connected with Participant's or Minor Participant's participation in the Lessons, regardless of the negligence of the Released Parties.

3. Indemnity: Participant or Minor Participant agrees to indemnify and hold harmless the Released Parties from any and all claims, losses, damages, liabilities, costs, and expenses (including attorneys' fees) arising out of or in any way connected with Participant's or Minor Participant's participation in the Lessons, regardless of the negligence of the Released Parties.

4. Medical Treatment: Participant or Minor Participant authorizes SoCal Exotic Watersports to seek any necessary medical treatment on Participant's or Minor Participant's behalf in the event of an injury or emergency. Participant or parent/guardian of Minor Participant agrees to be responsible for all costs associated with such medical treatment.

5. Equipment Rental: If Participant or Minor Participant rents equipment from SoCal Exotic Watersports, Participant or parent/guardian of Minor Participant agrees to use the equipment in a safe and responsible manner and to return it in the same condition in which it was received. Participant or parent/guardian of Minor Participant is responsible for any damage to the equipment caused by Participant's or Minor Participant's negligence.

6. Boat Safety: When applicable, Participant or Minor Participant acknowledges that some Lessons may be conducted from a boat operated by SoCal Exotic Watersports. Participant or parent/guardian of Minor Participant agrees to comply with all instructions and safety rules provided by the instructor and to ensure that Participant or Minor Participant wears a personal flotation device at all times.

7. Specific Sport Risks:

  • Kiting: Participant or parent/guardian of Minor Participant acknowledges the additional risks associated with kiteboarding, including being dragged by the kite, kite malfunctions, and entanglement with kite lines.
  • Winging: Participant or parent/guardian of Minor Participant acknowledges the additional risks associated with wingfoiling, including the potential for wing instability, wing collapse, and difficulty controlling the wing in high winds.
  • E-Foiling: Participant or parent/guardian of Minor Participant acknowledges the risks associated with operating an electric hydrofoil board, including the potential for contact with the foil, wing, or propeller, electrical hazards, and sudden acceleration or deceleration.

Participant or parent/guardian of Minor Participant acknowledges that the provided safety videos have been watched for the Lesson that will be conducted, before the meeting date/time.

8. Age Requirement:

  • Participants 18 and over can sign for themselves.
  • Participants between 16 and 18 must have their parent/guardian sign on their behalf.
  • Participants under 16 are not permitted in lessons.

9. Modification: This Agreement may only be modified by a writing signed by both parties.

10. Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the State of California.

11. Entire Agreement: This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous communications, representations, or agreements, whether oral or written.

12. Severability: If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall remain in full force and effect.

12. Age Requirement: Participant represents and warrants that he/she is at least 16 years of age.

13. Modification: This Agreement may only be modified by a writing signed by both parties.



BY SIGNING BELOW, PARTICIPANT ACKNOWLEDGES THAT HE/SHE HAS READ AND UNDERSTANDS ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT AND FREELY AND VOLUNTARILY AGREES TO BE BOUND BY THEM.



⇓⇓⇓⇓IMPORTANT ⇓⇓⇓⇓

How to Fliteboard - Series 1 - eFoil Needs to be watched before signing this waiver for e-foil lessons.


WING FOIL Crashing & tips to reduce the risks Needs to be watched before signing this waiver for Winging lessons.


Safety Systems (kiteboard / power kite tutorial) Needs to be watched before signing this waiver for kiteboarding lessons.

⇑⇑⇑⇑IMPORTANT ⇑⇑⇑⇑⇑

First Participant's Name

First Name*

Middle Name

Last Name*

Phone*
First Participant's Date of Birth*
First Participant's Signature*
Second Participant's Name

First Name*

Middle Name

Last Name*
Second Participant's Date of Birth*
Third Participant's Name

First Name*

Middle Name

Last Name*
Third Participant's Date of Birth*
Fourth Participant's Name

First Name*

Middle Name

Last Name*
Fourth Participant's Date of Birth*
Fifth Participant's Name

First Name*

Middle Name

Last Name*
Fifth Participant's Date of Birth*
Sixth Participant's Name

First Name*

Middle Name

Last Name*
Sixth Participant's Date of Birth*
Seventh Participant's Name

First Name*

Middle Name

Last Name*
Seventh Participant's Date of Birth*
Eighth Participant's Name

First Name*

Middle Name

Last Name*
Eighth Participant's Date of Birth*
Ninth Participant's Name

First Name*

Middle Name

Last Name*
Ninth Participant's Date of Birth*
Tenth Participant's Name

First Name*

Middle Name

Last Name*
Tenth Participant's Date of Birth*
Parent or Guardian's Email Address

Email*

Confirm Email*
Check to receive information, news, and discounts by e-mail.
Emergency Contact:

Name *

Number / Email *

Relationship
Did you watch the safety video at the bottom of the waiver?*
No
Yes
Parent(s) or Court-Appointed Legal Guardian(s) must sign for any participating minor (those under 18 years of age) and agree that they and the minor are subject to all the terms of this document, as set forth above.


By signing below the Parent or Court-Appointed Legal Guardian agrees that they are also subject to all the terms of this document, as set forth above.
Parent or Guardian's Name

First Name*

Middle Name

Last Name*

Phone*
Parent or Guardian's Date of Birth*
Parent or Guardian's Signature*
Electronic Signature Consent*
 By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.


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