In consideration of being allowed to participate in any way in one or more Wave Surf School LLC (“Wave Surf School”) classes, surfing and other water sport lessons, programs, related events and activities (referred to herein as a “Wave Surf School Activity”, I acknowledge, appreciate and agree that:
General: (“Wave Surf School”) Activities are inherently risky and potentially dangerous. The risk of injury from many of the (“Wave Surf School”) Activities is significant, including the potential for permanent paralysis and death and while particular skills, instruction, equipment and personal discipline may reduce this risk, the risk of serious injury cannot be eliminated. Risks include but are not limited to; injury to the head, neck, or spine,: drowning; injury to muscles; bones, ligaments, tendons, and other connective tissues and external organ, loss of or damage to sight, hearing, or teeth; long or short term disability; loss of income, career opportunities 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 the contact with water, waves, sand, rocks, coral, equipment, other persons, submerged or partially submerged object: water inhalation; injury from bodily contact, incidental to or inherent in the nature of the activity; slipping and falling or tripping on surfaces, regardless of the physical or environmental conditions; entanglement with equipment; injury from warming up, practicing or training participation; injury due to supervision of lack of supervision by (“Wave Surf School”) employees or agents, including instructors; or to instructions (or lack thereof) regarding the use of equipment or tools or to the nature of the activity itself; injury from contact or encounters with animals or plants ; negligent or malicious acts of other participants, regardless of whether (“Wave Surf School”) had or should have had knowledge of the likelihood of negligent or malicious acts by such participant and other causes that are incidental to or inherent in the nature of activity.
Assumption of Risk: I KNOWINGLY AND FREELY ASSUME ALL RISKS RELATED TO OR ARISING OUT OF ANY (“Wave Surf School”) ACTIVITY BOTH KNOWN AND UNKNOWN EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASES (as defined in the next paragraph) or others and assume full responsibility for my participation.
Release from Liability: I , for myself and on behalf of my heirs, assigns, personal representatives next of kin and whomever else may have an interest either at common law of by operation of statute, HEREBY RELEASE, WAIVE, RELINQUISH, DISCHARGE AND CONVENANT NOT TO SUE (“Wave Surf School”) Wave Surf School LLC, the City of Los Angeles, The State of California, and their officers, instructors, officials, agents, and or employees, other participants, sponsoring agencies, sponsors, advertisers, and if applicable, owners and lessors of premises used to conduct the (“Wave Surf School”) activity. (“Releasees”) FROM LIABILITTY FROM ANY AND ALL CLAIMS FOR ANY AND ALL INJURY, DISABILITY, DEATH, OR LOSS OR DAMAGE TO PERSON OR PROPERTY, WHETHERE ARISING FROM THE NEGLIGENCE OF THE RELEEASES OR OTHERWISE , SUSTAINED AS A RESULT OF, ARISING OUT OF OR RELATED TO ANY (“Wave Surf School”) ACTIVITY, to the fullest extent permitted by law.
Indemnity: I further agree to indemnify, defend, save, and hold harmless the Releasees from and against any and all claims, demands, liabilities, damages, actions, causes of action, losses, injuries, costs or expenses, including attorneys’ fees arising out of or in any manner connected with my participation in any (“Wave Surf School”) Activity, except to the extent caused solely by the willful misconduct of the Release’s. I acknowledge that the agreements made herein were and will continue to be a material and important consideration and inducement to (“Wave Surf School”) admittance of me to (“Wave Surf School”) Activity.
Representations and Warranties: I represent and warrant I am in good physical condition, able to swim proficiently and able to safely participate in surfing or any (“Wave Surf School”) Activity in which I participate, I willingly agree to compky with the stated and customary terms and conditions for participation. If I observe any unusual significant hazard during my presence or participation, I will remove myself from participation and bring such to the attention of the nearest instructor or other (“Wave Surf School”) representative immediately. I will not excess my physical abilities during any (“Wave Surf School”) Activity. I acknowledge that (“Wave Surf School”) has made no recommendations or determinations as to my fitness, swimming proficiency, experience level or ability to participate in any (“Wave Surf School”). I represent and warrant that I shall periodically and as needed consult with my physician, and shall not engage in any activity which is more rigorous than that recommended by such physician. I further agree that I will not use any equipment unless and until I have thoroughly familiarized myself with the correct use and operation thereof. I further agree that I shall.
I AGREE TO THE ASSUMPTION OF RISK, RELEASE OF LIABILITY AND INDEMNICATION AGREEMENT