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, HYDROBIKES, YOGA AND OTHER OUTDOOR EXERCISE AND ACTIVITIES, 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:
1. Risk of injury from the activity and equipment utilized is significant including the potential from 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.
2. 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.
3. 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.
4. 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.
5. 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.
6. Exposure to the elements and temperature, extremes may result in HEAT EXHAUSTION, HEAT STROKE, SUNBURN, HYPOTHERMIA AND DEHYDRATION.
7. 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.
8. Fatigue, exhaustion, chill and/or dizziness, which may diminish my/our reaction time and increase the risk of accident.
9. 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
1. I HEREBY RELEASEAND HOLD HARMLESS WITH RESEPCT TO ANY AND ALL INJURY, DISABILITY, DEATH or loss or damage to person or property. WHETHER CAUSED BY EMGLIGENE OR OTHERWISE, the following named persons or entities, herein referred to as releases: POINTE WATERSPORTS, LLC. I agree to release the releases, their officers, directors, employees, representatives, agents and volunteers from any and all liability and responsibility whatsoever and for any claims or causes of actions that I, my estate, heirs, survivors, exec utors 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.
2. 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.
3. 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.
4. The use by me of any equipment (the equipment) provided by POINTE WATERSPORTS, 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 POINTE WATERSPORTS, LLC for any damage, destruction or loss of any equipment. If I fail to return to POINTE WATERSPORTS, LLC any or all of the equipment, I will immediately reimburse POINTE WATERSPORTS, LLC for the full replacement cost of the unreturned equipment, and if POINTE WATERSPORTS, LLC has made any effort to search for or locate the unreturned equipment, I will immediately pay POINTE WATERSPORTS, LLC for that effort.
5. 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, cancelation, expiration or conclusion of the activities. This agreement incorporates the entire understanding and agreement between me and POINTE WATERSPORTS, 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.
6. POINTE WATERSPORTS, 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 for any other purpose, or use, obtained, created, produced or reproduced for, by or in connection with POINTE WATERSPORTS, 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 POINTE WATERSPORTS, 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 LIABILIKTY AND ASSUMPTION OF RISK AGREEMENT, I FULLY UNDERSTAND ITS TERMS, I UNDERSTAND THAT I HAVE GIVEN UP LEGA RIGHTS BY SIGNING IT AND I SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY IDUCUMENT.
FOR PARTICIPANTS 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 on my behalf, release all claims that both they and I have.