KITESURFING, KITEBOARDING, SNOW KITEBOARDING, and STAND UP PADDLEBOARDING RELEASE OF LIABILITY, WAIVER OF LEGAL RIGHTS AND ASSUMPTION OF RISK
In consideration for the renting, purchasing or leasing of KiteSurfing, Kiteboarding, Snow Kiteboarding, and Stand Up Paddleboarding from Marathon Florida Keys Kiteboarding LLC and/or the utilizing of the facilities, ground school instruction, premises, and equipment of Marathon Florida Keys Kiteboarding LLC in engaging in the sport of KiteSurfing, Kiteboarding, Snow Kiteboarding, and Stand Up Paddleboarding, ground instruction, flight instruction and related activities, (hereinafter collectively called “Kite Surfing”, “Kiteboarding” “Wind Surfing”, “Snow Kiteboarding”, and “Stand Up Paddleboarding”).
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, Snow Kiteboarding, and Stand Up Paddleboarding 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, Snow Kiteboarding, and Stand Up Paddleboarding. (Initial here_________).
2. I further acknowledge that there are no warranties applicable to the purchase, rental or lease of KiteSurfing, Kiteboarding, Snow Kiteboarding, and Stand Up Paddleboarding 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, SNOW KITEBOARDING, AND STAND UP PADDLEBOARDING EQUIPMENT IS FIT FOR ANY PURPOSE, and that I am accepting the said KiteSurfing, Kiteboarding, Snow kiteboarding, and Stand Up Paddleboarding 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 Marathon Florida Keys Kiteboarding LLC, the State of Florida, the City of Marathon, and their officers, directors, elected officials, agents employees, instructors, kiteboarders 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, Wind Surfing, or Stand Up Paddleboarding 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, Snow Kiteboarding, and Stand Up Paddleboarding 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, Snow Kiteboarding, and Stand Up Paddleboarding 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, Snow Kiteboarding, and Stand Up Paddleboarding 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, Snow kiteboarding, and Stand Up Paddleboarding activities.
(Initial here__________).
8. I agree that I will operate the said KiteSurfing, Kiteboarding, Snow Kiteboarding, and Stand Up Paddleboarding 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, Snow Kiteboarding, and Stand Up Paddleboarding 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, Snow Kiteboarding, and Stand Up Paddleboarding 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, Snow Kiteboarding, and Stand Up Paddleboarding activities (Initial here_________).
12. Please read and be certain you understand the implications of signing. Express Assumption of risk Associated with use of rental of KiteSurfing, Kiteboarding, Snow Kiteboarding, and Stand Up Paddleboarding and Related Activities.
I________________________________________do hereby affirm and acknowledge that I have been fully informed of the inherent hazards and risks associated with Stand Up Paddleboards and related water sport activities to which I am about to engage, including
but not limited to:
1) changing water flow, tides, currents, wave action, and ship’s wakes
2) collision with any of the following: a) other participants, b) the Stand Up Paddleboard; c) other Stand Up Paddleboards; d) man-made or natural objects
3) wind shear; inclement weather, lightning; variances and extremes of wind, weather and temperature
4) my sense of balance, physical condition, ability to operate board, swim and/or follow directions
5) collision, capsizing, sinking, or other hazard that may result in wetness, injury, exposure to the elements, hypothermia, impact of the body upon the water, injection of water into my body orifices, and/or drowning
6) the presence of insets and marine life forms
7) equipment failure or operator error
8 ) heat or sun-related injuries or illnesses, including sunburn, sun stroke or dehydration
9) fatigue, chill and/or reaction time and increased risk of an accident
10) I specifically acknowledge that I have read, understand and agree to abide by the Stand Up Paddleboard operational instructions at all times and that I have been trained in the safe use of Stand Up Paddleboards equipment to my complete satisfaction, and I am physically/mentally able to participate in the water sport activities in which I am about to engage. I specifically waive any defense insofar as this contract is concerned that may arise as a result of any state or local law and/ or regulation or policy that may impact its enforceability. (Initial here_________).
13. 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, Snow Kiteboarding, and Stand Up Paddleboarding 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 Adult Participant (Please Print Clearly)_______________________________________
Name of Minor Child_____________________________________________________________
Signature of Parent or Guardian of Minor Child________________________________________
Parent or Guardian of Minor Child (Please Print)_______________________________________
Email Address if you would like to receive newsletters __________________________________
DECLARATION OF FITNESS FOR KITESURFING KITEBOARDING, SNOW
KITEBOARDING AND STAND UP PADDLEBOARDING.
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, Snow Kiteboarding, and Stand Up Paddleboarding.
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, Snow Kiteboarding, and Stand Up Paddleboarding activities, I will notify the instructor immediately.
I have read the above Declarations, understand them, and I agree to be bound by them.
Date ____________________________________
Phone # _________________________________
Address _______________________________________________________
_______________________________________________________________
Signature of Adult Participant _____________________________________________________
Name of Adult Participant (Please Print)______________________________________________
Signature of Parent or Guardian if Participant is a Minor, and by their signature, they on my
behalf release all claims that both they and I have.
____________________________________________________
Name of Parent or Guardian (Please Print)___________________________________________
Name of Minor (Please Print) ______________________________________________________
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If you cannot sign the above declaration because of any of the above conditions,
you must notify the instructor before commencing any activity.
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