• The North Atlantic Surfing Academy nasasurf.ca 

    INVOLUNTARY ASSUMPTION OF RISK, RELEASE, AND INDEMNIFICATION AGREEMENT

    Before we begin working together, we need you to fully understand and accept the risks of participating in surf lessons, surf conditioning, surfing, and surf clinics ("Activities" You agree that you are voluntarily participating and cannot sue if something goes wrong, and that if you injure someone else while you are participating in an activity, that you are responsible for those costs. You also agree that if you decide to swim and surf in the water ("Venue"), you do so at your own risk, as The North Atlantic Surfing Academy ("We", "Us", "I", "NASA Surf") does not provide lifeguards nor do we take any responsibility for anything that may happen in the water. The parties to this Agreement are Matthew Weiler ("The North Atlantic Surfing Academy," "NASA Surf", "We," "Us", "r" and you, the undersigned, who we will refer to as "You" and "Your". In consideration for us allowing you to participate in surf lessons, surf conditioning. surfing. and surf clinics ("Activities"), you agree as follows:

    The Risks If Something Goes Wrong. You understand that participating in the Activities is something that has inherent risks, some of which are more obvious than others. Injuries could include (but are not limited to) things like muscle tears, broken bones, dizziness, fainting, etc. These risks can result in serious harm and injuries that could change my quality of life and in very rare and extreme circumstances may even result in death. I will progress at my own pace and will listen to my body. If at any point I feel overexertion, pain or fatigue, I will respect my body and take rest. I have sought medical advice or am certain that my medical and fitness levels are sufficient for me to participate in the classes offered at the Venue. Injuries resulting from other students including but not limited to collisions with other people either in the air or them falling on you or kicking you or otherwise making contact with you with their body or their surfboard; Injuries resulting from surf conditioning exercises including but not limited to muscle pulls, tears, and strains; sprained or broken bones; injuries from falling such as bruising or cuts; dizziness; fainting: feeling tired; erratic behavior by other students resulting in collision with other students and their surfboard. Injuries resulting from stretching, aerobic exercise/running, and strength training including but not limited to muscle pulls, tears, and strains, broken bones, dizziness and fainting, irregular heartbeat, and other cardiovascular problems. Injuries resulting from surfing and surf lessons including but not limited to falling and colliding with the board or other people, breaking bones, muscular strains or tears or bruising and head injuries. You understand that any time you are moving your body, and in particular when you are moving your body with other people, there are certain cardiovascular and skeletomuscular risks. You agree to progress at your own pace and inform us if at any time you feel unwell or unable to perform an activity safely. Environment. Further, you understand that the risks of being outdoors and in the ocean is that you are interacting with an unpredictable environment, of which not everything can be anticipated. While we will do our best to ensure you have a safe space around you, uneven ground, rocks, unattended surfboards, radical changes in weather and encounters with wildlife are just a few examples of challenges that may arise while being outdoors. We bring these risks to your attention before you agree to participate in the Activities. Contraindications and Medical Advice. You acknowledge that you will consult with a physician prior to your participation in the Activities or that you are certain that your medical and fitness levels are sufficient for you to participate. We strongly recommend you consult with a physician if any of the following apply to you: high blood pressure, cardiovascular disease or illness, problems with your eyes including but not limited to glaucoma or recent eye surgery, a previous stroke or a family history of stroke, sinus problems,

  • if you are pregnant or plan to become pregnant, if you have recently had surgery, if you have any current skeletomuscular injuries including but not limited to back pain, joint pain or injuries, and muscle tearsor pulls. Voluntary Assumption of Risk. Having read this Waiver and being fully aware of the risks of participating in the Activities offered, your signature at the bottom of this Waiver and your participation in the Activities illustrates your voluntary participation and assumption of the risks of doing so. Release, Waiver, and Indemnity. You hereby release Matthew Weiler, its directors, officers, employees, agents, volunteers, executors, administrators, successors, and assigns (collectively, the "Released Parties") from any liability and damages arising from loss or damage to property and personal injuries or death, however caused including out of negligence of the Released Parties, during your participation in the Activities. You are releasing the Released Parties at your own risk and you agree to forfeit any and all forms of legal recourse which may be available to you, including but not limited to any form of damages. as a result of your participation in the Activities. You agree that these provisions above apply to you, your family, heirs, executors and anyone else who may be able to bring a legal action on your behalf in the future. You hereby indemnify and hold harmless the Released Parties from any and all liability for any property damage or personal injury to any third party resulting from your participation in the Activities. Media Release. You agree to grant us the irrevocable right and permission to use, throughout the world and in perpetuity, your image, likeness, photographs, video content, audio recordings or any other record of you that is submitted to us directly (via email, Facebook, Instagram or other messaging service) or posted on your social media account with affiliated hashtags or that tags NASA Surf's social media account, whether captured by you, us, or a third party. for any purpose whatsoever without asking you for permission. You also release us from all claims that you may have in relation to the use of your image and any posts made by you in the ways mentioned above.

    Other Terms. This Agreement will be governed by the laws of Nova Scotia. If any provisions of this Agreement is invalid or unenforceable, the other provisions in the Agreement will remain in full force and effect. The headings used in this Agreement are for stylistic purposes only and none of the content in the headings are intended to be legally binding.

    I HAVE READ THIS VOLUNTARY ASSUMPTION OF RISK, RELEASE AND INDEMNITY AGREEMENT (THE "WAIVER") AND FULLY UNDERSTAND ITS CONTENTS AND VOLUNTARILY AGREE TO ITS TERMS. AM AWARE THAT BY SIGNING THIS AGREEMENT, IAM GIVING UP CERTAIN RIGHTS WHICH I OR MY HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS AND ASSIGNS MAY HAVE.

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