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2026 Alternative Jet Ski Driver Waiver - Raimana Van-Bastolaer 

THIS IS A RELEASE OF LIABILITY. BY SIGNING THIS AGREEMENT, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THE DISCLOSURES OF RISKS, VOLUNTARILY AND EXPRESSLY ACCEPT AND ASSUME THOSE RISKS, ACCEPT FULL RESPONSIBILITY FOR YOUR OWN SAFETY AND AGREE TO BE BOUND BY ALL TERMS OF THIS AGREEMENT. THIS RELEASE AFFECTS YOUR LEGAL RIGHTS – PLEASE READ IT CAREFULLY.

This Agreement is between an individual with a primary residence address stated below and KELLY SLATER WAVE COMPANY, LLC and FISH POND, LLC d/b/a SURF RANCH (collectively, “KSWC”) and each of their respective successors, lessors, assignees, licensees, parent companies, subsidiaries, affiliates (including without limitation, Association of Surfing Professionals LLC d/b/a World Surf League), related companies and business concerns, past and present, and each of them, as well as each of their partners, owners, trustees, directors, managers, officers, members, intellectual property holders, agents, attorneys, and employees, past and present (collectively referred to as “Releasees”).

WHEREAS I and any participating minor(s) for whom I am a legal guardian (collectively referred to as “I”, “me”, or “my”) have voluntarily chosen to surf (for purposes of this this Agreement, the term “surf” is intended to be broadly defined to include, among other things, using a surfboard, paddleboard, boogie board, skim board) or participate in activities in the wave basin and/or lake, including riding or surfing the “WAVE” (i.e., the wave created by KSWC’s wave generation and control system) and engage in other activities in or around the wave basin and/or lake, including, but not limited to riding on, operating, or being towed by a jet ski, or any other activity that may be offered at the Facilities (as defined below) from time to time (collectively referred to as the “Activities”) and/or engage or use KSWC’s property (including the wave basin and lake), facilities or equipment (collectively referred to as the “Facilities”); and

WHEREAS I have insisted that my jet ski operator for the Activities be Harold Monoihere Raimana Van Bastolaer (“Raimana”);

In consideration of the permission granted to me by KSWC to participate in the Activities with Raimana as my jet ski operator and for other good and valuable consideration, the sufficiency and receipt of which are hereby acknowledged, I hereby agree, promise and covenant on behalf of myself, my spouse, heirs, assigns, personal representatives and estate, as follows:

1.      ACKNOWLEDGEMENT AND ASSUMPTION OF RISKS:

(a)  I understand and acknowledge that Raimana is not in possession of a valid license or permit to operate a jet ski in California;

(b)  I acknowledge that KSWC has offered me the option of a validly licensed jet ski operator throughout my participation in the Activities;

(c)  I nonetheless insist that my jet ski operator for the Activities be Raimana; and

(d) I hereby acknowledge and assume all risks associated with my voluntary choice of Raimana as my jet ski operator; and

(e) I EXPRESSLY AND VOLUNTARILY AGREE, COVENANT AND PROMISE TO ACCEPT AND ASSUME ALL RESPONSIBILITIES

AND RISK FOR INJURY, DEATH, ILLNESS, DISEASE, OR DAMAGE to me or to my property arising from and/or relating to my participation in the Activities with Raimana as my jet ski operator.

2. RELEASE, INDEMNITY, AND COVENANT NOT TO SUE: I VOLUNTARILY RELEASE AND FOREVER DISCHARGE AND COVENANT NOT TO SUE the Releasees and all other persons or entities affiliated therewith, from any and all liability, claims, demands, actions and/or rights, which are related to, arise out of, or are in any way connected with my participation in the Activities with Raimana as my jet ski operator, including, but not limited to any and all passive or active negligence or fault of Raimana, the Releasees or for strict liability for abnormally dangerous activities. I UNDERSTAND THIS IS A RELEASE OF LIABILITY THAT IS VALID FOREVER, and will apply to all of my current and future participation in the Activities and/or use of the Facilities. I understand that this RELEASE OF LIABILITY will prevent me, my spouse, my child, my heirs or my estate from bringing any action at law, suit in equity, or other jurisdictional proceeding or making any claim for damages, injury or death in the event of damage, injury or death arising from my participation in the Activities with Raimana as my jet ski operator.

I FURTHER AGREE, PROMISE AND COVENANT TO HOLD HARMLESS AND TO INDEMNIFY the Releasees from all defense costs, including court costs, attorneys’ fees, and/or any other costs incurred in connection with claims for mental or bodily injury, wrongful death or property damage that may be filed by me, my spouse, my child, my heirs and/or my estate. Such indemnity and defense obligation shall further extend to any claim, loss or lawsuit that alleges that I or Raimana negligently or intentionally caused any injury, death or damage to spectators or other third parties in the course of my participation in the Activities with Raimana as my jet ski operator.

I agree to indemnify KSWC for all costs associated with any damage to KSWC property occurring in connection with Raimana’s acts or omissions as my jet ski operator.

3. Limitation to Sections 1 and 2: Sections 1 and 2 do not apply with respect to a claim against any Releasees or Releasees’ liability to the extent that the applicable governing law does not permit such claim to or liability to be excluded, disclaimed or released in such manner (for example, liability resulting from such Releasees’ willful misconduct).

4. GENERAL: I understand that this Agreement is the entire agreement between the undersigned and the Releasees with respect to the subject matter hereof, and that it cannot be modified or changed in any way by the representations or statements of the Releasees or any employee or agent of the Releasees, or by the undersigned, unless in a writing signed by the parties hereto. I understand and AGREE that this Agreement is severable and that if any clause is found to be invalid, the balance of the Agreement will remain in effect and will be valid and enforceable. I AGREE that this Agreement shall be governed by the laws of the State of California, without giving effect to any provision that would result in the application of another jurisdiction’s laws. I further AGREE that any dispute, claim, or controversy or any kind, whether in contract, tort, statutory or common law, now existing or hereafter arising out of or relating to this Agreement or my participation in the activities covered hereby, shall be resolved exclusively by final and binding arbitration. The arbitration shall be conducted in the English language in Los Angeles, California, before a single arbitrator, and administered by JAMS in accordance with its then-existing Comprehensive Arbitration Rules and Procedures. Judgment upon any arbitration award may be entered in any court of competent jurisdiction. I understand and AGREE that by agreeing to arbitration, I am waiving any right to have such disputes decided by a judge or jury in a court of law.

I HEREBY ACKNOWLEDGE THAT I HAVE FULLY READ, AND FULLY UNDERSTAND AND AGREE TO BE BOUND BY, THIS AGREEMENT. I ACKNOWLEDGE THAT I ENTER INTO THIS AGREEMENT KNOWINGLY AND VOLUNTARILY. I EXPRESSLY ACKNOWLEDGE THE RECEIPT AND ADEQUACY OF GOOD AND VALUABLE CONSIDERATION FOR AGREEING TO THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, MY PARTICIPATION IN ONE OR MORE OF THE ACTIVITIES, AND THAT I HAVE HAD ADEQUATE OPPORTUNITY TO OBTAIN FULL LEGAL, MEDICAL AND OTHER ADVICE PRIOR TO SIGNING THIS AGREEMENT. 

I AGREE that when I sign this Agreement, it will be irrevocable and binding on all parties, subject to the terms and conditions hereof, and all of the terms and conditions of this Agreement shall apply to my current participation and all future participation in the Activities and/or use of the Facilities in perpetuity.

BY SIGNING BELOW, I, THE UNDERSIGNED, ACKNOWLEDGE THAT I AM VOLUNTARILY GIVING UP SUBSTANTIAL LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE THE RELEASEES, ON MY BEHALF AND (IF APPLICABLE) ON BEHALF OF PARTICIPANT.

November 2, 2026


First  Name
First Name*
Last Name*
First  Date of Birth*
Date of Birth
First  Signature*
Second Name
First Name*
Last Name*
Date of Birth*
Date of Birth
Third Name
First Name*
Last Name*
Date of Birth*
Date of Birth
Fourth Name
First Name*
Last Name*
Date of Birth*
Date of Birth
Fifth Name
First Name*
Last Name*
Date of Birth*
Date of Birth
Sixth Name
First Name*
Last Name*
Date of Birth*
Date of Birth
Seventh Name
First Name*
Last Name*
Date of Birth*
Date of Birth
Eighth Name
First Name*
Last Name*
Date of Birth*
Date of Birth
Ninth Name
First Name*
Last Name*
Date of Birth*
Date of Birth
Tenth Name
First Name*
Last Name*
Date of Birth*
Date of Birth
Parent or Guardian's Email Address
Email
Your signed waiver will be sent to the email address provided here and is available for download for three days via URL attachment.

AFFIDAVIT OF PARENT OR LEGAL GUARDIAN

(Minor: Under 18 years of age)

 I, the undersigned, declare that, I am the parent of, or the legal guardian of, the below named minor, and have the capacity to execute documents on behalf of such minor. I understand that as a condition to use the Facilities, participate in surfing and/or interacting with the WAVE, the Facilities, and/or other Activities the parent or legal guardian of the minor participant must sign certain legal documents, including but not limited to this Agreement. I am signing those documents freely without any fraud or duress and acknowledge that I have read and understand the same. In the event that it is determined that I am not the parent or legal guardian of the minor, or did not have the legal capacity to execute the documents on behalf of said minor, then I agree to defend and indemnify Releasees if any claim or litigation is instituted as a result of any injury, illness or death or claim for damage arising out of, relating to, or in any way connected with such minor’s participation in surfing or riding the WAVE, participating in other Activities and/or use of the Facilities. I authorize any emergency first aid, medication, medical treatment or surgery deemed necessary by the attending medical personnel if I am not able to act on behalf of the Minor Participant identified below; provided however, I acknowledge and agree that the Releasees have no duty, obligation or liability arising out of the provision of, or failure to provide medical treatment. I understand that this indemnity provision is in addition to (and not in lieu of) any other indemnity provision found in this Agreement.

Additional Indemnity and Defense Obligations: To the fullest extent permitted by law, I shall defend, indemnify and save harmless the Indemnitees defined in this Agreement from and against any claim, demand, suit, cause of action, proceeding, damages, fine, fee, penalty, liability, loss, lien, cost and/or expense (including, without limitation, reasonable attorneys’ fees and expenses and court costs), whether for personal injury, theft, property damage, wrongful death or otherwise (collectively, “Claims”) arising or alleged to have arisen out of, incurred in connection with, or relation to my breach of any representation or warranty I make as to being the parent or legal guardian of the Minor Participant. If any Claim is made or brought against an Indemnitee, I shall, upon written demand from the Indemnitee, defend each such Claim at my expense by counsel reasonably satisfactory to the Indemnitee. Without limiting anything contained in this affidavit, if I fail to assume the defense of any Claim within five (5) business days after demand, then Indemnitee may employ counsel of its choice to defend the Claim at my sole expense. This indemnity provision is to be interpreted to afford the greatest relief to Releasees, as recognized under California law, and will obligate the indemnitor even if Releasees are found to be actively negligent.



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 Date of Birth*
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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