Please Read, Fill and Submit before taking any lessons
PARTICIPATION AGREEMENT, RELEASE AND
ASSUMPTION OF RISK
Please be aware that SL101, Inc. works with only surfing instructors who are able-bodied, fit and knowledgeable about the activity and all safety procedures required to instruct surfing. All due care and diligence will be taken to ensure that instruction is undertaken in a safe manner.
In consideration of the services of SL101 Inc., its agents, owners, officers, volunteers, participants, employees, and any and an other persons and/or entities acting in any capacity or on behalf (hereinafter collectively referred to as “SL101” I hereby agree to release, indemnify and discharge SL101, on behalf of myself, my spouse, my children, my assigns, personal representatives and estate as follows
1. I acknowledge that surfing entails known and unanticipated risks that could result in physical or emotional injury, paralysis, death or damage to myself, to property, or to third parties. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the surfing activity.
The risks include but are not limited to: being hit by another surfboard, by other surfers or their boards, which could result in cuts bruises, abrasions and/or concussions; hitting the bottom of the ocean, sprains, broken bones, paralysis, even death; exhaustion, dehydration, sunburn, exposure to poisonous and/or carnivorous sea creatures, and accidental drowning.
Furthermore, SL101 surfing instructors have difficult jobs to perform. They seek safety but are not infallible. They might be unaware of a participant’s fitness or abilities. They may misjudge the weather or other environmental conditions. They may give incomplete warnings or instructions, and the equipment being used might malfunction.
2. I expressly agree and promise to accept and assume all of the risks in this activity. My participation is this activity is purely voluntary, and I elect to participate in spite of the inherent risks.
3. I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless SL101 from any and all claims, demands, or causes of action, which are in any way connected to my participation in this activity or my use of SL101 equipment or facilities, including any such claims which allege negligent acts of or omissions by SL101.
4. Should SL101 or anyone acting on its behalf, be required to incur attorney’s fees and costs to enforce this
agreement, I hereby agree to indemnify and hold them harmless for all such fees and costs.
5. I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating in this activity, or else I agree to bear the costs of such injury or damage myself. I further certify that I assume the risk of any medical or physical condition that I may have.
6. I agree that if any portion of this Agreement is found to be void or unenforceable, the remaining document shall remain in full force and effect.
By signing this document, I acknowledge that if anyone is hurt or property is damaged during my participation in this activity, I may be found by a court of law to have waived my right to maintain a lawsuit against SL101 on the basis of any claim from which I have released it herein.
*I grant to SL101, its representatives and employees the right to take photographs of me and my charges in connection with the above identified subject. I authorize SL101, its assigns and transferees to copyright, use and publish the same in print and/or electronically. I also understand that I may refuse SL101 the right to use my image and that of my charges if I so desire.
I agree that SL101 may use such photographs of me and/or my charges for any lawful purpose, including for example such purposes as publicity, illustration, advertising and Web content.
I have had sufficient opportunity to read this entire document. I have read and understood this document, and I agree to be bound by its terms. I also agree that by entering my name in the Signature field this constitutes a legal and binding signature.
PARENT/GUARDIAN ADDITIONAL INDEMNIFICATION
(Must be completed for children
under the age of 18)
(“Minor”) being permitted by SL101 to participate in its surfing activities and to use its equipment and facilities, I further agree to indemnify and hold harmless SL101 from any and all claims which are brought by or on behalf of Minor, which are in any way connected to such use or participant by Minor.