Please complete this Release and Waiver form prior to your participation. The following waiver is required for anyone participating in Waves of Grief, and states that participants are responsible for themselves before, during, and after participation. By signing this Waiver, you are releasing Waves of Grief from liability for any physical injury or damages to personal property that may occur. Please read this Waiver carefully and completely.
Assumption of Risk
I, the undersigned, hereby acknowledge that I have voluntarily chosen to take part in Waves of Grief. I hereby further expressly and unequivocally acknowledge my actual and absolute understanding that certain risks are inherent in taking surfing lessons and surfing, and other ocean and beach related activities, and that these risks cannot be eliminated, altered, or controlled; and these risks can be the cause of injury, illness, death, or other damages. I know and fully understand that surfing is an outdoor activity in an uncontrolled natural environment with inherent risks and hazards where serious accidents and property damage can and do occur, and participants can and do die or sustain injuries.
I do hereby further expressly and unequivocally acknowledge – on behalf of myself– my full knowledge and understanding that surfing and taking surfing lessons necessarily entail participant exposure to numerous inherent and other known and unknown and unknowable risks, including, but not limited to: (1) loss of control of participant’s surfboard or the surfboard of another; (2) falls from the surfboard; (3) collision with other participants, equipment other surfers or surfboards, rocks, and/or other man-made or natural obstacles, whether obvious or concealed; (4) the split-second judgment, decision-making and conduct of the instructors (except for acts of wanton or gross negligence); (5) submersion in water and/or drowning; (6) encounters with animals, marine life and insects; (7) exposure to the outdoor ocean environment, extreme temperatures, sun, and inclement weather, including travel by foot or vehicle in any way related to this activity; (8) assistance in lifting and/or carrying surfing equipment; (9) rescue-related injuries; and (10) unavailability of immediate and appropriate medical attention in case of injury. I understand and acknowledge that the above list is not complete or exhaustive, and that other risks, known or unknown, anticipated or unanticipated, may also exist and result in injury, illness, disease, death or damage. My participation in these activities is purely voluntary and I elect to do so at my own risk. By signing this RELEASE, WITH ACKNOWLEDGEMENT AND ASSUMPTION OF RISKS, I do hereby knowingly and lawfully assume all such risk and full responsibility for any consequences of such risk.
Release of Liability
For, and in consideration of, the utility, privilege and enjoyment of surfing with the Waves of Grief, I, the undersigned (herein, sometimes referred to as “Releasing Party”), do hereby – on behalf of myself (and also on behalf of all of my heirs, executors, administrators and assigns) – release, acquit and otherwise forever discharge Waves of Grief and any and all Waves of Grief volunteers, employees, directors, and instructors, and all of their respective owners, officers, agents, employees, members, or assigns (herein, sometimes referred to collectively as “Released Parties’) of and from any and all past, present or future causes of action, claims, demands, damages, costs, loss of services, expenses, compensations, third-party actions, suits at law or in equity, including claims or suits for contribution or indemnity, of whatever nature, and of and from any and all incidental or consequential damages in any way growing out of any personal injury or death or property damage resulting from my participation in any Waves of Grief surfing or other related activity. I understand that I will be participating in activities that include surfing, swimming, holding breath, treading water, significant cardiovascular endurance, physical exercise, and that I am fit to perform those acts. I further contend that I understand that any injuries that may occur, and I release Waves of Grief from any injuries that may occur during the participation of those previously mentioned activities, and other related activities not mentioned.
Furthermore, to the extent Released Parties ever provide transportation to the beach, I hereby acknowledge and willingly assume, on my own behalf all risks and hazards involved in the activity of riding in a motor vehicle; and I also expressly agree to release and otherwise discharge Released Parties from any act or omission, excluding acts of wanton or gross negligence, in rendering or failing to render any type of rescue, emergency or medical services. In signing this document, I fully recognize and understand that if I am hurt, die, or my property is damaged, I am giving up my right to make a claim or file a lawsuit against the Released Parties, even if it negligently (or by some other act or omission, excluding acts of wanton or gross negligence) causes the injury or damage.
Indemnify and Hold Harmless
I hereby further agree that I will indemnify and otherwise save and hold Released Parties harmless from and against any and all claims or costs, including attorneys’ fees, of third-parties in any way arising from personal injury, death or property damage to any other participant, spectator or third-party, whether or not resulting from negligence, in the course of my participation in Waves of Grief activities.
Medical Treatment
I consent to medical treatment and medical services that may be required if an injury occurs on-sight. I further acknowledge that in the event medical treatment be required, that my agent or responsible party be required to pay for any medical expenses incurred. Waves of Grief is not responsible for the cost of medical treatment.
Successors
I understand and agree that this RELEASE, WITH ACKNOWLEDGEMENT AND ASSUMPTION OF RISKS shall be binding upon myself and all of my heirs, assigns and next of kin and shall extend to the benefit of Released Parties and their successors and assigns.
Personal Responsibility
I do not, to the best of my knowledge, have any physical limitation, medical ailment or mental disability that would prevent me from participating in the above-mentioned operations and activities. It is my responsibility to disclose any and all impairments that may impact my ability to perform.
If any provision of this Waiver and Release of Liability Agreement shall be held unenforceable or void, it shall be severable from the remaining provisions and shall not affect their subsequent enforceability or validity.
Adherence to Policies
I hereby agree to abide by all rules, regulations, and instructions of Waves of Grief while participating in all Waves of Grief-related activities. I understand that Waves of Grief may choose to refuse service to anyone, and if I am in violation of the policies, I may be asked to cease involvement. I understand and agree that Waves of Grief reserves the right to accept or deny service to any person, at any time, and for any reason.
