EFoil (Electric Hydrofoil) Waiver

I, as evidenced by my signature below, acknowledge that participating in the instruction & operation of Electric Foils is a potentially hazardous activity. There are inherent risks in the activity, including severe injury and/or death. I understand that even though Good Breeze Kiteboarding (hereafter called the “Operator”), has taken all reasonable precautions to provide a seaworthy eFoil including any related equipment, and a well-trained and experienced instructor, and has made preparations for my safety as a Passenger/Rider, it is impossible for the Operator, or its Contractors, to guarantee my safety prior to, during, or following such instruction & operation of said efoils. Therefore, I hereby release and waive my rights to make a claim for injuries or damages against the Operator, and its assignees, heirs, agents, employees and Contractors including, but not limited to, Good Breeze Kiteboarding, arising from my participation in the instruction & operation of eFoils and related activities provided by the Operator, or any contractors of the Operator.

SPORT PARTICIPANT RELEASE OF LIABILITY, WAIVER OF CLAIMS, EXPRESS ASSUMPTION OF RISK AND INDEMNITY AGREEMENT

Please read and be certain you understand the implications of signing. By signing below, you are confirming your agreement and understanding of what is stated below. Express Assumption of Risk Associated with Sport, Venue Use and Related Activities.

I, the undersigned, do hereby affirm and acknowledge that I have been fully informed of the inherent hazards and risks associated with activities with Kiteboarding, Efoiling, Winging, Windsurfing, Kitesurfing, Paddleboarding, Hydrofoiling, Water Sports or any aspect of these activities, as well as transportation of equipment related to the activities, and traveling to and from activity sites in which I am about to engage. Inherent hazards and risks include but are not limited to:

1.) Risk of injury from the activity and equipment utilized is significant including the potential for broken bones, dismemberment of limbs/digits, severe injuries to the head, neck, back and/or surfer's myelopathy, drowning, or other bodily injuries that my result in permanent disability or death.
2.) Possible equipment failure and/or malfunction or misuse of my own or other's equipment, which may result in injury, including those injuries described above.
3.) I AGREE THAT I WILL WEAR APPROVED PROTECTIVE GEAR AS DECREED BY THE GOVERNING BODY OF THE SPORT I AM PARTICIPATING IN. However, I understand that protective gear cannot guarantee the participant's safety. I further agree that no helmet can protect the wearer against all potential head injuries or prevent injury to: the wearer's face, neck or spinal cord or from surfer's myelopathy.
4.) Variation in terrain, wind, temperature and water conditions, including but not limited to waves, currents, shore break, tides, marine life, blowing sand, trees, rocks, other persons and their equipment, and other natural and man-made hazards.
5.) My own negligence and/or the negligence of others, including but not limited to operator error and instructor/guide decision-making including misjudging ocean conditions, weather, equipment or obstacles.
6.) Exposure to the elements and temperature extremes may result in heat exhaustion, heat stroke, sunburn, hypothermia and dehydration.
7.) Dangers associated with exposure to natural elements included but not limited to tsunami, updrafts, tornados, hurricane, inclement weather, thunder and lightning, severe and/or varied winds, temperature, sea conditions and marine life.
8.) Fatigue, exhaustion, chill, and/or dizziness, which may diminish my/our reaction time and increase the risk of accident.
9.) Impact or collision with other participants, athletes, spectators, employees, pedestrians, motor vehicles, rocks, traps, vessels, pilings, boards and cyclists.

*I understand the description of these risks is not complete and unknown or unanticipated risks may result in injury, illness, or death.

 

Release of Liability, Waiver of Claims and Indemnity Agreement

In consideration for being permitted to participate in the above described activity(ies) and related activities, I hereby agree, acknowledge and appreciate that:

1. I HEREBY RELEASE AND HOLD HARMLESS WITH RESPECT TO ANY AND ALL INJURY, DISABILITY, DEATH, or loss or damage to person or property, WHETHER CAUSED BY NEGLIGENCE OR OTHERWISE, the following named persons or entities, herein referred to as releasees.

Good Breeze Kiteboarding Inc DBA Ron Jon Kiteboarding

I, the undersigned, agree to release the releasees, their officers, directors, employees, representatives, agents, instructors, and volunteers from any and all liability and responsibility whatsoever and for any claims or causes of action that I, my estate, heirs, survivors, executors, or assigns may have for personal injury, property damage, or wrongful death arising from the above activities whether caused by active or passive negligence of the releasees or otherwise. By executing this document, I agree to hold the releasees harmless and indemnify them in conjunction with any injury, disability, death, or loss or damage to person or property that may occur as a result of my engaging in the above activities.

2. By entering into this Agreement, I am not relying on any oral or written representation or statements made by the releasees, other than what is set forth in this Agreement.

3. This agreement shall apply to any and all injury, disability, death, or loss or damage to person or property occurring at any time after the execution of this agreement.

4. I attest that I am healthy enough to safely participate despite any medications I may be taking or may have taken, and despite any allergies to plants or insects, or other medical conditions I currently have or have had.

This release shall be binding to the fullest extent permitted by law. If any provision of this release is found to be unenforceable, the remaining terms shall be enforceable.

I HAVE READ THIS RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT, I FULLY UNDERSTAND ITS TERMS, I UNDERSTAND THAT I HAVE GIVEN UP LEGAL RIGHTS BY SIGNING IT, AND I SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.

FOR PARTICIPANTS OF MINORITY AGE: This is to certify that I, as Parent, Legal Guardian, Temporary Guardian with legal responsibility for this participant, do consent and agree not only to his/her release of all Releasees, but also to release and indemnify the Releasees from any and all liabilities incident to his/her involvement in these programs for myself, my heirs, assigns, and next of kin.

If Participant is a Minor, and by their signature, they on my behalf, release all claims that both they and I have.

Photo/Video Release

I hereby grant Good Breeze Kiteboarding Inc herein referred to as The Company permission to use my likeness in a photograph, video, or other digital media (“photo”) in any and all of its publications, including web- based publications, without payment or other consideration.

I understand and agree that all photos will become the property of The Company and will not be returned.

I hereby irrevocably authorize The Company to edit, alter, copy, exhibit, publish, or distribute these photos for any lawful purpose. In addition, I waive any right to inspect or approve the finished product wherein my likeness appears. Additionally, I waive any right to royalties or other compensation arising or related to the use of the photo.

I hereby hold harmless, release, and forever discharge the The Company from all claims, demands, and causes of action which I, my heirs, representatives, executors, administrators, or any other persons acting on my behalf or on behalf of my estate have or may have by reason of this authorization.

I HAVE READ AND UNDERSTAND THE ABOVE PHOTO RELEASE. I AFFIRM THAT I AM AT LEAST 18 YEARS OF AGE, OR, IF I AM UNDER 18 YEARS OF AGE, I HAVE OBTAINED THE REQUIRED CONSENT OF MY PARENTS/GUARDIANS AS EVIDENCED BY THEIR SIGNATURES BELOW. I ACCEPT: