There are significant elements of risk in any adventure, sport, activity or training associated with water-based activities (referred to herein as "activities"), and the use of any equipment. Activities may include, but are not limited to: sailing, powerboating, windsurfing, stand-up paddling, swimming, and hiking.
ACKNOWLEDGEMENT: I hereby acknowledge that there are inherent risks in this type of activity, including but not limited to the following:
- Risks typically associated with watercraft including changes in water conditions or currents (submerged, semi- submerged and overhanging objects, capsizing, swamping or sinking of the watercraft and resultant injury), hypothermia/hear stroke and/or drowning;
- "Acts of nature" including inclement weather conditions (thunder/lightening/winds); weather related injuries and illnesses; dangerous animals/insects/plants; accidents/illnesses due to the physical activity and those in remote locations;
- and Equipment failure or operator error.
ASSUMPTION OF RISK AND RESPONSIBILITY: In understanding and accepting the inherent risks of the activity which I and any minor children for which I am responsible will engage in, I confirm that I am physically and mentally capable of participating in the activity and/or use of equipment. I participate willingly and voluntarily in spite of any risks including those not listed above. I assume full responsibility for personal injury, accidents or illnesses (including death) that may result from my, or the minor(s) for whom I am responsible, participation in the activity and any resulting expenses. I also assume responsibility for damage or loss of my/our personal property as a result of any incident that may occur. I accept that I may be required to wear an approved personal flotation device.
COVENANT OF GOOD FAITH: I understand that SeaAffinity, Inc., as a provider of services, will operate under a covenant of good faith, but may find it necessary to terminate an activity or refuse/end the participation of any person due to safety concerns. I acknowledge that no guarantees have been made with respect to objectives. I also understand that cancelation or termination of an activity or refusal/ending the participation myself or any minor children for which I am responsible, due to reasons caused by my/their behavior, is not subject to rescheduling or refund.
AUTHORIZATION: I hereby authorize any medical treatment deemed necessary in the event of any injury while participating in the activity. I either have appropriate insurance or, in its absence, agree to pay all costs of rescue and/or medical services as may be incurred on my behalf or the minors for whom I am responsible. SeaAffinity has put in place preventative measures to reduce the spread of COVID-19; however, we cannot guarantee that you will not become infected with COVID-19. Further, participating in our programs could increase your risk of contracting COVID-19
By signing this agreement, I acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that I may be exposed to or infected by COVID-19 by participating and that such exposure or infection may result in personal injury, illness, permanent disability, and death. I understand that the risk of becoming exposed to or infected by COVID-19 may result from the actions, omissions, or negligence of myself and others, including, but not limited to, SeaAffinity employees and volunteers, and other participants.
I voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to myself (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind, that I may experience or incur in connection with my attendance with SeaAffinity or participation in programming ("Claims" On my behalf, I hereby release, covenant not to sue, discharge, and hold harmless SeaAffinity, its employees, agents, and representatives, of and from the Claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto. I understand and agree that this release includes any Claims based on the actions, omissions, or negligence of SeaAffinity, its employees, agents, and representatives, whether a COVID-19 infection occurs before, during, or after participation in any SeaAffinity program.
By signing this agreement, I confirm that I have no reason to believe that I have been exposed to, am currently infected with, or show symptoms of COVID-19. I voluntarily agree to a temperature scan and understand that a fever will prohibit me from participating. Further, I confirm that should I develop symptoms of, or test positive for, COVID-19, I will immediately contact SeaAffinity, Inc.