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WAIVER OF LIABILITY AND HOLD HARMLESS AGREEMENT

BROOKLYN SURF CLUB INC & BUSHWICK SURF CLUB LLC

In consideration for receiving permission to participate in surfing lessons, related activities and any future activities with Brooklyn Surf Club Inc (at the day of incorporation) and Bushwick Surf Club LLC, I hereby RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE Brooklyn Surf Club Inc or Bushwick Surf Club LLC, their officers, agents, or employees (hereinafter referred to as RELEASEES) from any and all liability, claims, demands, actions, and causes of action whatsoever arising out of or related to any loss, damage, or injury, including death, that may be sustained by me, or to any property belonging to me, REGARDLESS OF WHETHER SUCH LOSS IS CAUSED BY THE NEGLECT OF THE RELEASEES, or otherwise and regardless of whether such liability arises in tort, contract, strict liability, or otherwise, to the fullest extent allowed by law. 

I am fully aware of the risk and hazards connected with the activities of surfing, surfing lessons, and related activities, deem myself able to swim in order to participate in such activities, and am aware that such activities include the risk of injury and even death, and I hereby elect to voluntarily participate in said activities and future activities with Brooklyn Surf Club Inc and Bushwick Surf Club LLC, knowing that the activities may be hazardous to my property and me. I voluntarily assume full responsibility for any risk of loss, property damage, or personal injury, including death, which may be sustained by me, or any loss or damage to property owned by me, as a result of being engaged in such activities, WHETHER CAUSED BY THE NEGLIGENCE OF RELEASEES or otherwise, to the fullest extent allowed by law.

I further hereby AGREE TO INDEMNIFY AND HOLD HARMLESS the RELEASEES from any loss, liability, damage, or cost, including court costs and attorneys’ fees that releases may incur due to my participation in said activities and future activities with Brooklyn Surf Club Inc and Bushwick Surf Club LLC, WHETHER CAUSED BY NEGLECT OF RELEASEES or otherwise, to the fullest extent allowed by law. It is my express intent that this Waiver and Hold Harmless Agreement shall bind the members of my family and spouse, if I am alive, and my heirs, assigns and personal representatives, if I am deceased, and shall be deemed as a RELEASE, WAIVER, DISCHARGE, AND COVENANT NOT TO SUE the above-named RELEASEES. I hereby further agree that this Waiver of Liability and Hold Harmless Agreement shall be construed in accordance with the laws of the state of New York and that any mediation suit, or other proceeding must be filed or entered into only in New York and the federal or state courts of New York. 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.

I understand that during the surfing lessons or related activities, I may be photographed. I agree to allow my photo, video, or film likeness to be used for any legitimate purpose by the RELEASEES. I fully understand that I am liable for any damages to equipment or property or for the loss of equipment or property that is owned by Brooklyn Surf Club Inc and Bushwick Surf Club LLC or its RELEASEES that is caused by me. I further understand that I must pay for the full cost of the damages or loss to Brooklyn Surf Club Inc and Bushwick Surf Club LLC for which I am responsible. 

IN SIGNING THIS AGREEMENT, I ACKNOWLEDGE AND REPRESENT THAT I have read the foregoing Waiver of Liability and Hold Harmless agreement, 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 at least eighteen (18) years of age and fully competent; and I execute this agreement for full, adequate and complete consideration fully intending to be bound by same.

If the PARTICIPANT IS UNDER THE AGE OF 18, I represent that I am the legal parent or guardian of the registered child or ward and fully competent; and I execute this agreement for full, adequate and complete consideration fully intending to be bound by same. The undersigned parent and natural guardian does hereby represent that he/she is, in face. Acting in such capacity, has consented to his/her child or ward’s participation in the surfing lessons and related activities, and has agreed individually and on behalf of the child or ward, to the terms of the accident waiver and release of liability set forth above. The undersigned parent or guardian further agrees to save and hold harmless and indemnify each and all parties referred to above from all liability, loss, cost, claim or damage whatsoever which may be imposed upon said parties because of any defect in or lack of such capacity to so act and release said parties of the minor and the parents or legal guardian. 

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*
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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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