KITESURFING, KITEBOARDING AND SNOW KITEBOARDING RELEASE OF LIABILITY, WAIVER OF LEGAL RIGHTS AND ASSUMPTION OF RISK
In consideration for the renting, purchasing or leasing of KiteSurfing, Kiteboarding and Snow Kiteboarding from ____________________________________ and/or the utilizing of the facilities, ground school instruction, premises, and equipment of ___________________________________________ in engaging in the sport of KiteSurfing, Kiteboarding, and Snow Kiteboarding, ground instruction, flight instruction and related activities, (hereinafter collectively called “Kite Surfing”, “Kiteboarding” “Wind Surfing”, or “Snow Kiteboarding”).
I hereby understand and agree to this Release of Liability, Waiver of Legal Rights and Assumption of Risk and to the terms hereof as follows:
1. I acknowledge that KiteSurfing, Kiteboarding and Snow Kiteboarding is an action sport and recreational activity involving travel in three dimensions and such activity is subject to mishap and even injury to participants. I understand I may suffer a broken limb, paralysis or fatal injury while participating in the sport of KiteSurfing, Kiteboarding and Snow Kiteboarding (Initial here_________).
2. I further acknowledge that there are no warranties applicable to the purchase, rental or lease of KiteSurfing, Kiteboarding and Snow Kiteboarding equipment by me and that all warranties whether expressed or implied are excluded. THERE IS NO WARRANTY OF MERCHANTABILITY OR THAT THE SAID KITESURFING, KITEBOARDING AND SNOW KITEBOARDING EQUIPMENT IS FIT FOR ANY PURPOSE, and that I am accepting the said KiteSurfing, Kiteboarding and Snow kiteboarding equipment as is and I hereby acknowledge that I will personally examine the said equipment prior to my using of the same (Initial here_________).
3. I hereby RELEASE AND DISCHARGE __________________________________________ the State of ___________, the Town of __________________, and their officer, directors, elected officials, agents employees, instructors, pilots and owners of equipment and the land used for KiteSurfing, Kiteboarding and Snow Kiteboarding activities (hereinafter collectively referred to as ‘‘Released parties’’), from any and all liability, claims, demands or causes of action that I may hereafter have for injuries / damages arising out of my participation in Kite Surfing or Wind Surfing activities, including, but not limited to, losses CAUSED BY THE NEGLIGENCE OF THE RELEASED PARTIES (Initial here_________).
4. I understand and acknowledge that KiteSurfing, Kiteboarding and Snow Kiteboarding activities have inherent dangers that no amount of care, caution, instruction or expertise can eliminate and I EXPRESSLY AND VOLUNTARILY ASSUME ALL RISK OF DEATH OR PERSONAL INJURY SUSTAINED WHILE PARTICIPATING IN KITESURFING, KITEBOARDING AND SNOW KITEBOARDING ACTIVITIES WHETHER OR NOT CAUSED BY THE NEGLIGENCE OF THE RELEASE PARTIES (Initial here________).
5. I further agree that I WILL NOT SUE OR MAKE A CLAIM against the Released Parties for damages or other losses sustained as a result of my participation in KiteSurfing, Kiteboarding and Snow Kiteboarding activities (Initial here_________).
6. I also agree to INDEMNIFY AND HOLD THE RELEASED PARTIES HARMLESS from all claims, judgments and costs, including attorneys’ fees, incurred in connection with any action brought as a result of my participation in KiteSurfing, Kiteboarding and Snow Kiteboarding activities. (Initial here__________).
7. I will take full responsibility for, and hold harmless Released Parties for any injury that I may suffer or inflict upon others or their property as a result of my engaging in KiteSurfing, Kiteboarding and Snow kiteboarding activities (Initial here__________).
8. I agree that I will operate the said KiteSurfing, Kiteboarding and Snow Kiteboarding equipment in a reasonable and safe manner so as not to endanger the lives of persons or property of any individual (Initial here_________).
9. I have read and understood the above and acknowledge that the same constitutes a release of liability and a waiver of my legal rights and also acknowledgement of the assumption of liability by me of all risks arising out of my engaging in KiteSurfing, Kiteboarding and Snow Kiteboarding activities (Initial here__________).
10. I further represent that this Release of Liability, Waiver of Legal Rights and Assumption of Risk shall continue in full force and effect for so long as I engage in KiteSurfing, Kiteboarding and Snow Kiteboarding activities which are in any way connected to or with the Released Parties (Initial here__________).
11. I further represent that I am at least 18 years of age, or that as the parent or (adult) legal guardian, I waive and release any and all legal rights that may accrue to me, to my minor child or to the minor child for whom I am (adult) legal guardian, as the result of any injury that my minor child, the minor child for whom I am (adult) legal guardian or I may suffer while engaging in KiteSurfing, Kiteboarding and Snow Kiteboarding activities (Initial here_________).
12. I hereby expressly recognize that this Release of Liability, Waiver of Legal Rights and Assumption of Risks is a contract pursuant to which I have released any and all claims against the Released Parties resulting from participation in KiteSurfing, Kiteboarding and Snow Kiteboarding activities including any claims by the negligence of the Released Parties by any of the undersigned (Initial here______). I HAVE READ THIS RELEASE OF LIABILITY, WAIVER OF LEGAL RIGHTS AND ASSUMPTION OF RISK AND FULLY UNDERSTAND ITS CONTENTS. I SIGN IT OF MY OWN FREE WILL AND AGREE TO BE BOUND BY IT.
This the day of_______________ 20______ Signature of Adult Participant_____________________________________ Name of Minor Child___________________________________________ Name of Adult Participant (Please Print)____________________________ Signature of Parent or Guardian of Minor Child_______________________ Parent or Guardian of Minor Child (Please Print)_____________________
DECLARATION OF FITNESS FOR KITESURFING KITEBOARDING OR SNOW KITEBOARDING
I hereby declare that I am physically fit. I do not, and have not, suffered from any of the following conditions, which I understand may lead to a dangerous situation with regard to other persons or myself during KiteSurfing. Kiteboarding, Wind Surfing or Snow Kiteboarding
Epilepsy, fits, severe head injury, recurrent blackouts or giddiness, disease of the brain or nervous system high blood pressure, lung or heart disease, recurrent weakness or dislocation of any limb, diabetes, mental illness, drug or alcohol addiction, recent back injury, arthritis and severe joint sprains, chronic bronchitis asthma, rheumatic fever, thyroid adrenal or other glandular disorder, recent blood donation or any condition that requires the regular use of drugs.
I hereby declare that I have no physical or mental condition that should preclude me from participating in my chosen activity, that I am not participating against medical advice or treatment, and that I have not been diagnosed by a registered doctor as having a terminal illness.
I further declare that in the event that I feel ill or unwell, have any physical complaints whatsoever or if an injury is sustained of any kind during the course of KiteSurfing, Kiteboarding, Wind Surfing or Snow Kiteboarding activities, I will notify the instructor immediately.
I have read the above Declarations, understand them, and I agree to be bound by them.