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The purpose of this Assumption of Risk, Release of Liability, and Indemnity Agreement (“Agreement”) is to exempt, waive, and release the Released Parties from liability for wrongful death, personal injury, and other losses, including, but not limited to, liability arising from the negligence of Released Parties.

“Released Parties” refers to, Kite Beach DR Watersports Center, Posito Pro Center, Chill Bar, Action Sports Logistics, LLC, Eleveight, Brunotti, Waydoo, Shred Services, LLC and its owners, as well as each of their parents, subsidiaries, affiliates, officers, directors, shareholders, members, representatives, assignees, employees, volunteers, agents, and insurance carriers.

“Activity” and “Activities” include participating in kiteboarding, kitesurfing, kite foiling, hydrofoiling, wind foiling, efoiling, stand-up hydrofoiling, surfing, swimming, camps, kiteboarding lessons, efoiling lessons, wingfoil lessons, hydrofoil lessons, using the beach/picnic area, or any other activity offered by the Released Parties at the Kite Beach DR Watersports Center or Posito Pro Center (collectively referred to as “Kite Beach”). It also includes using, renting, or borrowing, for any purpose, the equipment, owned or leased, the property (including any of its features), amenities, equipment, buildings, or facilities, as well as participating in lessons, competitions, or any other events offered by the Released Parties.

The terms “Me,” “Myself,” and “I” refer to the adult, at least 18 years old, who is accepting these terms on behalf of themselves and, if applicable, on behalf of a minor child. “Minor” refers to the minor Participant. The person actually taking part in the Activity is referred to as “Participant.

NOTICE TO THE MINOR CHILD’S NATURAL GUARDIAN

READ THIS FORM COMPLETELY AND CAREFULLY. YOU ARE AGREEING TO LET YOUR MINOR CHILD ENGAGE IN A POTENTIALLY DANGEROUS ACTIVITY. YOU ARE AGREEING THAT, EVEN IF RELEASED PARTIES USE REASONABLE CARE IN PROVIDING THIS ACTIVITY, THERE IS A CHANCE YOUR CHILD MAY BE SERIOUSLY INJURED OR KILLED BY PARTICIPATING IN THIS ACTIVITY BECAUSE THERE ARE CERTAIN DANGERS INHERENT IN THE ACTIVITY WHICH CANNOT BE AVOIDED OR ELIMINATED. BY SIGNING THIS FORM, YOU ARE GIVING UP YOUR CHILD'S RIGHT AND YOUR RIGHT TO RECOVER FROM RELEASED PARTIES IN A LAWSUIT FOR ANY PERSONAL INJURY, INCLUDING DEATH, TO YOUR CHILD OR ANY PROPERTY DAMAGE THAT RESULTS FROM THE RISKS THAT ARE A NATURAL PART OF THE ACTIVITY. YOU HAVE THE RIGHT TO REFUSE TO SIGN THIS FORM AND HAVE THE RIGHT TO REFUSE TO LET YOUR CHILD PARTICIPATE IF YOU DO NOT SIGN THIS FORM.

In consideration of being allowed to participate in the Activities, on behalf of Myself and all other Participants, I agree as follows:

1. Participating in the Activity is hazardous and involves the risk of physical injury or death. The dangers and risks of the Activities include, but are not limited to: drowning; impacts with water, shores, reefs, ocean bottoms, boats, propellers, other participants, and man-made objects and structures, including buoys, and buildings; waves; wakes; entanglement with other participants; entrapment; wet and slippery surfaces on shore; slips, falls, and collisions; accidents of any kind on the property; Kite Beach; or involving any of its surfaces; exposure to wildlife, insects, and waterborne or airborne diseases such as the COVID-19; inclement weather; lightning; low water temperature; heat or sun-related injuries and illnesses, including sunburn, sunstroke, and dehydration; and equipment malfunction, failure, and defects. I acknowledge that the description of the dangers and risks listed above is not complete and that participating in the Activity may be dangerous and may include other risks, including, but not limited to, the acts, omissions, representations, carelessness, and negligence of the Released Parties.

2. By signing this Agreement, I, on my own behalf, acknowledge the risks and dangers associated with the Activities and agree to (1) assume any and all risks of injury or death to Myself resulting from participation in any Activity; (2) waive, release, and not sue or file any actions or claims which I may have ever had or hereafter shall have against Released Parties that are based on, arise or result from, in whole or in part, participation in any Activities, including, but not limited to, negligence, premises liability, or breach of contract claims; and (3) indemnify, defend, and hold harmless the Released Parties from and against any liability or damage of any kind and from any suits, claims, or demands, including legal fees and expenses, whether or not in litigation, arising out of or related to the Participant’s participation in the Activity.

3. If applicable, by signing this Agreement on behalf of a Minor Participant(s), I agree for the Minor to waive, release, and not sue or file any actions or claims that the Minor may have ever had or hereafter shall have against Released Parties that are based on or arise from the “inherent risks” of the Activities, including, but not limited to, negligence, premises liability, or breach of contract claims.

4. I give the Released Parties permission to take and use photographs or recordings of the Participant during an Activity and use and sublicense such material for any purpose in print, advertisements, films, videos, online, and broadcast presentations.

5. I authorize the Released Parties to call for medical care for the Participant or to transport the Participant to a medical facility or hospital if, in their opinion, medical attention is needed. I agree to pay all costs associated with such medical care and related transportation.

6. BY SIGNING ON BEHALF OF A MINOR OR OTHER PARTICIPANT, I REPRESENT THAT I AM AUTHORIZED TO SIGN ON THE PARTICIPANT’S BEHALF AND/OR I AM THE LEGAL GUARDIAN OF THE MINOR PARTICIPANT, and acknowledge that the Participant is bound by all the terms of this Agreement. I understand that the Minor Participant would not be permitted to take part in any of the Activities unless I agree to the terms of this Agreement. By signing this Agreement without a legal guardian’s signature, I represent, under penalty of fraud, that I am at least 18 years old.

7. I acknowledge that the Participant has verified with a medical doctor that they are in a physical condition that is suitable and safe to conduct all activities at Kite Beach. Prior to commencing each activity at Kite Beach, the Participant will notify instructors about any preexisting medical conditions. If a Participant does not feel physically capable of performing an Activity at the Kite Beach, they will refrain from that activity. The Participant will utilize all appropriate safety devices at Kite Beach (such as a Coast Guard Approved lifejacket, helmet, and nose clips) and only participate in activities appropriate for their skill level.

8. I acknowledge that the Released Parties may deny access to Kite Beach to the Participant at any time and could result in disciplinary action, including fines or permanent loss of access.

9. This Agreement will apply for every day a Participant engages in any Activity without requiring a new agreement, until revoked in writing by Me and accepted in writing by the Released Parties’ authorized representative. All claims arising from or related to any Activity by the Participant shall be governed by Dominican Republic law, and exclusive jurisdiction shall be in Dominican Republic court where the alleged incident occurred.

10. I agree that, by typing my name or providing any other type of electronic confirmation, I am providing an electronic signature that is the legal equivalent of a manual signature.

I HAVE CAREFULLY READ THIS AGREEMENT, UNDERSTAND ITS CONTENTS, AND ACCEPT IT, ON BEHALF OF MYSELF AND THE PARTICIPANT, WITH FULL KNOWLEDGE OF ITS SIGNIFICANCE BY SIGNING BELOW AND/OR ACCEPTING IT THROUGH PARTICIPATION IN THE ACTIVITIES.

Today's Date: April 20, 2025

First Participant's Name

First Name*

Last Name*
First Participant's Age Acknowledgment*
First Participant's Date of Birth*
I certify that I am 18 years of age or older
First Participant's Signature*
Second Participant's Name

First Name*

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

First Name*

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

First Name*

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

First Name*

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

First Name*

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

First Name*

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

First Name*

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

First Name*

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

First 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*

Last Name*

Phone*
Parent or Guardian's Age Acknowledgment*
Parent or Guardian's Date of Birth*
I certify that I am 18 years of age or older
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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