In Consideration of the services of Levitate Outdoors LLC and their agents, owners, officers, sponsors, partners, volunteers, participants, employees, parent companies, subsidiaries, affiliates, and all other persons or entities acting in any capacity on their behalf (hereinafter collectively referred to as ‘Levitate’), I hereby agree to release, indemnify, and discharge Levitate on behalf of myself, my spouse, my children, my heirs, assigns, personal representative and estate as follows:
1. I acknowledge that all Levitate Camps & Lessons activities, including but not limited to surfing, paddle boarding, skateboarding, games, creative activities, and all other camp/lesson activities entail known and unanticipated risks and inherent dangers 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 activities. The risks include but are not limited to: Being hit by equipment, obstacles, or other participants which could result in cuts, bruises, abrasions, concussions, or death; hitting the bottom of the ocean, parking lot, or ground causing; sprains, strains, broken bones, paralysis, even death; exhaustion, dehydration, sunburn; exposure to poisonous and/or carnivorous creatures; and accidental drowning, injuries from crossing roads or parking lots, or associated or unassociated transportation of vehicles, and limitless known and unknown dangers. I acknowledge that Levitate employees have difficult jobs to perform and while they seek safety, they are not infallible. They may be unaware of a participant’s fitness or abilities. They might misjudge the weather or other environmental conditions. They may give incomplete warnings or instructions, and the equipment being used may malfunction.
2. I expressly agree and promise to accept and assume all of the risks existing in this activity, camp, or lesson. My participation in the activity is purely voluntary, and I elect to participate in spite of the known and unknown risks.
3. I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless Levitate from any and all claims, demands, or causes of action, which are in any way connected with my participation in this activity or my use of Levitate’s equipment or facilities, including borrow or rented equipment, including any such claims which allege negligent acts or omissions by Levitate.
4. Should Levitate or anyone acting on their behalf, be required to incur attorney’s fees and costs to enforce this agreement, I agree to indemnify and hold them harmless from all such fees and costs.
5. I certify that I have adequate insurance to cover any injury or damage I may cause to others or suffer while participating, or else I agree to bear the costs of such injury or damage myself. I further certify that I am willing to assume the risk of any medical or physical condition I may have.
6. In the event that I file a lawsuit against Levitate, I agree to do so solely in the state of Massachusetts, and I further agree that the substantive law of Massachusetts shall apply in that action without regard to the conflict of law rules of that state. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect. By checking the box below or signing, I acknowledge that if I personally, my child, or anyone else is hurt or killed 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 Levitate on the basis of any claim from which I have released them herein.
7. Covid19 Clause: I accept full responsibility and all risks associated with sending my child to camp regarding all potential transmission of disease including but not limited to Covid19. I hereby agree to release, indemnify, and discharge Levitate of any and all responsibility regarding Covid19 or any disease contracted by sending my child to camp during a pandemic. I hereby waive the right to file suit against Levitate if I suspect my child has contracted covid19 or any disease by participating in a camp or lesson by Levitate.