Privacy Policy
LIABILITY RELEASE AND ASSUMPTION OF RISK AGREEMENT ELECTRIC SURF ADVENTURE LLC
Participant Waiver and Release of Liability for Aquatic Activities, Equipment Rental, and Water Sports. This Liability Release and Assumption of Risk Agreement (the "Agreement") is entered into by and between ELECTRIC SURF ADVENTURE LLC, including its owners, affiliates, operators, and employees (collectively referred to as the "Company"), and the undersigned participant (the "Participant") for the rental and use of aquatic equipment and participation in water sports activities.
1. Acknowledgement of Risks.
The Participant acknowledges that the use and enjoyment of aquatic equipment and participation in water sports activities (collectively, the "Activities") involve inherent risks, both anticipated and unanticipated, that can result in serious injury, including permanent disability, paralysis, or death. The Participant understands that these risks may be caused by the Participant's actions or inactions, the actions or inactions of others participating in the Activities, the conditions in which the Activities take place, or the negligence of the "Releasees" named below.
2. Assumption of Risk.
The Participant agrees to assume all risks associated with the use of aquatic equipment and participation in water sports activities, whether known or unknown, including those arising from the negligence of the Company. The Participant understands and accepts that these risks include, but are not limited to, drowning, collision with other participants or objects, equipment failure, adverse weather conditions, and other dangers inherent in aquatic activities and water sports.
3. Release and Waiver of Liability.
In consideration of being permitted to participate in the Activities and use the equipment provided by the Company, the Participant, on behalf of themselves, their heirs, personal representatives, and assigns, hereby releases, waives, discharges, and covenants not to sue the Company, its owners, affiliates, operators, employees, and agents (collectively referred to as the "Releasees") from any and all liability, claims, demands, actions, or causes of action arising out of or related to any loss, damage, injury, or death that may be sustained by theParticipant or their property, whether caused by the negligence of the Releasees or otherwise, while participating in the Activities or using the equipment.
4. Indemnification.
The Participant agrees to indemnify, defend, and hold harmless the Releasees from any and all claims, demands, actions, lawsuits, damages, costs, and expenses (including reasonable attorney fees) arising out of or relating to the Participant's participation in the Activities and use of the equipment, including any claims resulting from the negligence of the Releasees.
5. Medical Condition and Insurance.
The Participant certifies that they have no medical condition that would increase the risk of injury or death arising from participation in the Activities. The Participant understands that the Company does not provide medical insurance and that it is their responsibility to have adequate insurance coverage for any injuries or
medical costs that may arise from participation in the Activities.
This document was redacted by APS Inc for Electric Surf Adventure LLC®. The copyright of this document belongs to Electric Surf
Adventure LLC. All rights reserved to this document are transferred to Electric Surf Adventure. FL, USA. June 2024.
6. Photo Release.
The Participant grants the Company the right to take photographs and video recordings of the Participant during the Activities and to use these images for marketing purposes. The Participant agrees that the Company may use such photographs and video recordings on its website, social media platforms, and printed materials without any compensation or remuneration to the Participant. The Participant releases the Company from any claims or liability arising from or related to the use of these images.
7. Governing Law.
This Agreement shall be governed by and construed in accordance with the laws of the State of Florida. Any legal action or proceeding arising under this Agreement shall be brought exclusively in the state or federal courts located in Florida, and the Participant consents to the jurisdiction of such courts.
8. Severability.
If any term or provision of this Agreement is held to be invalid, illegal, or unenforceable, the remaining terms and provisions shall remain in full force and effect.
9. Entire Agreement.
This Agreement constitutes the entire agreement between the Participant and the Company regarding the subject matter hereof and supersedes all prior agreements and understandings, whether written or oral. By signing below, the Participant acknowledges that they have read and understand this Agreement, accept its terms, and are voluntarily giving up substantial legal rights, including the right to sue the Company.
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