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. |