SOUTH BEACH SURF SHOP, SURF SCHOOL, AND SURFBOARDS LLC
RELEASE OF LIABILITY, AGREEMENT NOT TO SUE, AND ASSUMPTION OF THE RISK
THIS IS AN IMPORTANT AGREEMENT, PLEASE READ IT CAREFULLY BEFORE SIGNING.
SURFING IS AN INHERENTLY RISKY AND POTENTIALLY DANGEROUS ACTIVITY THAT CAN CAUSE SERIOUS LIFE-CHANGING AND PERMANENT INJURY, INCLUDING PERMANENT PARALYSIS, AND/OR DEATH, EVEN WHEN DONE PROPERLY, CAUTIOUSLY, AND SAFELY. THE RISK OF INJURY IS SIGNIFICANT AND CANNOT BE ELIMINATED.
I am the participant or the parent/legal guardian of a minor participant (where applicable), and on behalf of myself or on behalf of the minor participant and on behalf of my heirs, assigns, personal representatives, next of kin, and whomever else may have an interest either at common law or by operation of statute, hereby release, waive, relinquish, discharge, and covenant not to sue SOUTH BEACH SURF SHOP, SURF SCHOOL, AND SURFBOARDS LLC, and its officers, owners, members, instructors, agents, employees, independent contractors, and/or other participants (“Released Parties”) from all liability from any and all claims for any and all injury, disability, death, or loss or damage to person or property, whether arising from the negligence of the Released Parties or otherwise sustained as a result of, arising out of, and/or related to any activities and/or services of the Released Parties, to the fullest extent permitted by law. In consideration of being allowed to participate in any way in one or more classes, surfing, Surfing and/or Watersports Activities (as defined below), and/or other water sport lessons, programs, related events and/or activities, I acknowledge, appreciate, understand, and agree that:
1. I, on behalf of myself or on behalf of the minor participant, accept that watersports and the sport of surfing carry with them some degree of risk both to the person and property. Knowing the risks involved, I still wish to participate in activities and/or lessons with the Released Parties and so expressly agree to assume the risk of injury or damage while participating in this activity.
2. I, on behalf of myself or on behalf of the minor participant, promise, represent, certify, guarantee, and warrant the following: 1. That none of the following medical conditions apply to me: ASTHMA, EPILEPSY, PREGNANCY, HEART CONDITIONS, ANY PREVIOUS INJURY THAT MAY REOCCUR, ALLERGIES, DIABETES, HIGH BLOOD PRESSURE, BACK PROBLEMS, DISLOCATIONS, AND/OR SEIZURES. 2. That I am an experienced swimmer. 3. That I am NOT under the influence of any alcohol and/or drugs. 4. That I am physically fit and have no conditions and/or injury that could be affected by Surfing and/or Watersports Activities, as defined below. That I am or the minor participant is in good health and has no mental or physical condition that would prevent my or the minor participant’s participation in the Surfing and/or Watersports Activities.
3. I, on behalf of myself or on behalf of the minor participant, hereby consent to receive medical treatment which may be deemed necessary by the Released Parties, as defined below, in the case of injury, accident, and/or illness during the Surfing and/or Watersports Activities and also agree to indemnify the Released Parties with respect to such medical treatment.
4. I, on behalf of myself or on behalf of the minor participant, accept responsibility for the equipment provided by South Beach Surf School and hereby agree to pay for all repairs and/or replacements.
5. I, on behalf of myself or on behalf of the minor participant, agree to waive all responsibility for my refusal to wear a helmet and/or life jacket.
6. I, on behalf of myself or on behalf of the minor participant, accept and agree that this release of liability, voluntary assumption of risk, indemnification and waiver of claim shall be binding on me and/or the minor participant, and my or the minor participant’s heirs, representatives, endeavors, next of kin, beneficiaries, administrators, successors and assigns.
7. I, on behalf of myself or on behalf of the minor participant, do agree that the Released Parties shall not be liable for any claims, losses, expenses, costs (including Released Parties’ legal and/or attorney fees), and/or damages arising from personal injuries (including death), damage to or loss of property or other harm, whether foreseen or unforeseen, present or future, known or unknown that I or the minor participant may sustain in any way which directly or indirectly results from or arises out of my or minor participant’s participation in surf lessons, instructions, Surfing and/or Watersports Activities, and/or any and all other activities conducted by any of the Released Parties.
8. I am aware that surfing and watersports involve many inherent risks, dangers and hazards, including but not limited to the use and operation of surfboards and/or other boards, impact of collisions with surfboards and/or other board or any part thereof including the fins and other attachments; skin irritations or abrasions caused by the use of wetsuits; ear infections caused by the water; impact to the beachhead, or as the case may be, the ocean floor; severe weather conditions; my ability to swim in dangerous ocean conditions, as the case may be; extreme water and air temperatures; the prevailing condition of the surf; undertow and tide and currents; the possible existence of dangerous rocks, reefs, driftwood, logs, floating objects, sea mammals and other hazards and obstructions, whether marked or unmarked in the area chosen by you to conduct surf camps; impact of collision with swimmers or other surfers or their surfboards or other watersport participants, whether or not caused by negligence of such swimmers, surfer, and/or participants; dangers involved in travelling to the surfing area including possible transportation provided by the Released Parties (collectively referred to as the “Surfing and/or Watersports Activities”). Risks include but are not limited to: injury to the head, neck, or spine; drowning; injury to muscles, bones, ligaments, tendons, and/or other connective tissues; injury to internal and external organs, loss of or damage to sight, hearing, and/or teeth; long or short term disability; loss of income, career opportunities, and/or the enjoyment of life; and pain, scarring and/or disfigurement. The causes of possible injury are many, including but not limited to: injury from contact with water, waves, sand, rocks, trees, equipment, other persons, submerged and/or partially submerged objects; water inhalation; injury from bodily contact incidental to and/or inherent in the nature of the activity; slipping, falling, and/or tripping on surfaces, regardless of physical and/or environmental conditions; entanglement with equipment; injury from warming up, practicing, and/or training for participation; injury due to supervision and/or lack of supervision by the Released Parties, or to instructions or lack thereof regarding the use of equipment and/or tools and/or to the nature of the activity itself; injury from contact and/or encounters with animals, plants; negligent and/or malicious acts of other persons, regardless of whether the Released Parties had or should have had knowledge of the likelihood of negligent and/or malicious acts by such persons; and other causes that are incidental to and/or inherent in the nature of the activity. I understand and acknowledge the contagious nature of COVID-19 and voluntarily assume all such risk that my child and I may be exposes to or infected with COVID-19 through participation in the Surfing and/or Watersports Activities and/or any and all other activities of the Released Parties, and that such exposure and/or infection may result in personal injury, illness, permanent disability, and/or death. I knowingly and freely accept and fully assume any and all risks, dangers, and hazards related to and/or arising out of any Surfing and/or Watersports Activities and/or any and all other activities of the Released Parties, both known and unknown, even if arising from the negligence of the Released Parties. I assume full responsibility for my participation.
9. Despite my understanding of the foregoing risks, I, individually and as the parent or legal guardian of the minor participant, AGREE NOT TO SUE AND TO RELEASE FROM LIABILITY AND TO DEFEND, INDEMNIFY AND HOLD HARMLESS THE RELEASED PARTIES for any damage or injury arising out of mine or the minor child’s participation in the Surfing and/or Watersports Activities regardless of the cause, including NEGLIGENCE. I release, waive, and hold harmless the Released Parties from all claims, losses, damages or expenses related to my participation in Surfing and/or Watersports Activities including those caused by the negligence of the Released Parties, together with any cost including attorney fees that may be incurred as a result of any such claims, losses, damages, and/or expenses whether valid or not. I agree to indemnify the Released Parties for all claims, losses, damages, expenses, and/or costs (including attorney fees) that may be incurred as a result of such claims, losses, damages, expenses, and/or costs whether valid or not. I agree not to commence any legal action in another country.
10. I, on my own behalf and/or on behalf of the minor participant, further agree to and do hereby expressly, knowingly and voluntarily assume any and all risks involved in the Surfing and/or Watersports Activities and/or loss of my or the minor participant’s property, real or personal, caused by or arising out of my or the minor participant’s involvement in the Surfing and/or Watersports Activities.
11. I, on my own behalf and/or on behalf of the minor participant, grant permission for myself or my child(rent) to be photographed and/or our images to be recorded for print and/or electronic use in promoting South Beach Surf Shop, and that there shall be no compensation or payment for such use.
12. I, on my own behalf and/or on behalf of the minor participant, understand that THIS RELEASE, INCLUDES ANY CLAIMS BASED IN WHOLE OR IN PART ON THE NEGLIGENCE, ACTION OR INACTION OF ANY OF THE RELEASED PARTIES AND HEREBY RELEASE, WAIVE AND FULLY DISCHARGE THE RELEASED PARTIES FROM ANY AND ALL LIABILITY FOR ANY CLAIMS, EVEN IF CAUSED IN WHOLE OR IN PART BY THE PRESENT OR FUTURE NEGLIGENCE, FAULT, STRICT PRODUCT LIABILITY, BREACH OF CONTRACT OR OTHER ACT, CONDUCT OR STATUS OF ANY OF THE RELEASED PARTIES.
13. I, on my own behalf and/or on behalf of the minor participant, expressly agree that this agreement is intended to be as broad and inclusive as possible as is permitted by the law of the State of Oregon, and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
BY SIGNING THIS RELEASE, I ON BEHALF OF MYSELF OR ON THE BEHALF OF THE MINOR PARTICIPANT UNDERSTAND THAT I HAVE WAIVED MY (OR THE MINOR PARTICIPANT’) RIGHT TO SUE THE RELEASED PARTIES FOR ANY INJURY RESULTING FROM SURF INSTRUCTIONS OR THE SURFING AND/OR WATERSPORTS ACTIVITIES DISCUSSED HEREIN. I UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, INCLUDING THE RIGHT TO SUE, AND SIGN IT FREELY AND VOLUNTARILY AND INTEND TO COMPLETELY AND UNCONDITIONALLY RELEASE THE RELEASED PARTIES FROM ALL LIABILITY IN CONECT WITH MY PARTICIPATION IN AND/OR ATTENDANCE OF ANY ACTIVITIES OF THE RELEASED PARTIES.
I have read and understand this Release and Indemnity Agreement prior to signing it and am aware
that by signing this document, I am affecting the legal rights and liabilities of myself, my heirs, next to kin, executors, administrators and assigns in relation to the aforementioned activities. This agreement shall be valid in perpetuity.
This Release must be signed by the participant or participant’s legal guardian and received by the South Beach Surf Shop before participation is permitted. No refunds will be given for non-participation due to failure to submit this Release.
Initial Below as Applicable: I confirm that I am of legal age (18 or older) and agree to the terms of this waiver I confirm that I am the parent or legal guardian of student and agree to the terms of this waiver.
By signing this form I am confirming the following: that I am of legal age (18 or above) or that I am the legal guardian of the above student; that I have read, understand, and agree to the waiver above; and that by signing below I acknowledge and authorize this as my signature.
Date: October 2, 2023