SEAKINDLY EFOIL OPERATIONS WAIVER PLEASE READ THIS CAREFULLY RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT I, as evidenced by my signature below, acknowledge that participating in the instruction & operation of electric foil boards (hereafter called an “eFoil") is a hazardous activity. There are inherent risks in the activity, including severe injury and/or death. I understand that even though SEAKINDLY LLC (hereafter called the "Operator"), has taken all reasonable precautions to provide a seaworthy eFoil, including any related equipment, and a well-trained and experienced instructor, and has made preparations for my safety as a Passenger/Rider, it is impossible for the Operator, or its Contractors, to guarantee my safety prior to, during, or following such instruction & operation of said eFoils. Therefore, I hereby release and waive my rights to make a claim for injuries or damages against the Operator, and its assignees, heirs, agents, employees and Contractors including, but not limited to, arising from my participation in the instruction & operation of an eFoil and related activities provided by the Operator, or any contractors of the Operator. 1. I additionally acknowledge that I have voluntarily requested and applied to participate in the instruction and operation of said eFoil and associated activities to be provided and conducted by the Operator or a Contractor of the Operator on the date of my signature below. 2. I am aware that the operation of an eFoil is a hazardous activity. Serious bodily injury or death can occur by your participation in the operation of an eFoil. Some of the risks and dangers include, but are not limited to, loss of or damage to person or property, violations of the law, injury or fatality due to the instruction & operation of said eFoil including the capsize of the eFoil, collision with obstacles, accidents or illnesses in remote places without medical facilities, hypothermia, resultant drowning. I am voluntarily participating in the instruction & operation of said eFoils and related activities with full knowledge of the risks and dangers involved, and I hereby agree to accept and assume all risks of damage, injury or death, and verify the above by my signature below. 3. I understand that I share responsibility for my safety and the safety of others and I accept this responsibility. I agree to comply with the instructions and directions of the Operator, and its Contractors, before, and during the instruction and operation of said eFoils. I acknowledge and I will comply with the Operator's Safety Policies, set out below: 4. Safety Policies: Passenger/Rider safety is the Operator's first and most important concern. The Operator, or its Contractors, will make decisions based on a number of factors. Some of these factors may include, but are not limited to: weather forecast, weather and other conditions prior to and during the preparation for the instruction & operation of said eFoils. All decisions concerning safety, whether the instruction & operation of said eFoils is to occur, as well as its duration, are at the Operator's, or its Contractor's, sole discretion. The Passenger/Rider shall always have the discretion and choice not to participate in the instruction & operation of said eFoils. Seakindly is not responsible for The Passenger/Riders safety while they are NOT in direct supervision by a Seakindly Operator (When the Passenger/Rider is operating the eFoil alone). 5. To the best of my knowledge, I have no physical or psychological conditions that will prohibit me from safely participating in the instruction & operation of said eFoil. 6. I certify that I have carefully read this Acknowledgement and Release and fully understand its contents. I am aware that the Operator, and its Contractors, cannot guarantee my safety during the instruction & operation of said eFoils and related activities, and that this is a release of liability and evidence of a contract between myself and the Operator or its Contractors, and I execute it voluntarily and willingly of my own free will, in consideration for the instruction & operation of said eFoils to be provided to me as a Passenger/Rider. |