Assumption of Liability

Waiver and Release of Liability and Assumption of Risk for Surfing Lessons

PLEASE READ CAREFULLY BEFORE SIGNING

For and in consideration of being allowed to take surfing lessons, as a prerequisite for taking such surfing lessons, from of hereinafter called Instructor, I do hereby covenant, represent and agree as follows:

1. I am familiar with the hazards of the area of the ocean where lessons will be taught and recognize that Instructor cannot control the environment which can change without warning making participation in surfing hazardous. I realize that certain environmental conditions like the wind, fog, currents (including riptides), waves (including swells, breaking waves, and whitewater), rocks, sand bars, reefs, piers, jetties, breakwaters, sea animals, surfboard, other objects in the water, and others in the water can cause injury to me or result in my death.

2. I know how to swim and feel comfortable in the water, or if I am uncomfortable in the water or do not know how to swim I will immediately inform the Instructor prior to proceeding with my lesson.

3. Also, included in the services provided by Instructor is the furnishing of surf equipment (surfboard, wetsuit, leash, etc.). Accordingly, while Instructor will endeavor to provide the appropriate equipment, I understand and agree that Instructor does not manufacture the equipment provided and makes no warranty as to the fitness of such equipment for the purpose of surfing.

4. Instructor emphasizes safety in the lessons and endeavors to keep every pupil as safe as possible. I acknowledge that participation in an activity like surfing involves the risk of injury and can possibly lead to serious and permanent bodily injury, disability or death. I will ensure that, while participating in any surfing activity with Instructor, I will familiarize myself with my surroundings and avoid injury to myself and others.

5. I voluntarily assume all risks of loss, damage, injury (which may result in my death) that I may sustain while participating in the surfing required during the instruction of Instructor and while practicing surfing during such instruction or on my own.

WITH THE ABOVE UNDERSTANDING I HEREBY RELEASE AND HOLD HARMLESS INSTRUCTOR OR ANY OF INSTRUCTOR’S STAFF AGENTS, OWNERS, OR ANY AFFILIATE ASSOCIATION FROM ANY AND ALL LIABILITY OR RESPONSIBILITY, NEGLIGENCE, CAUSES OF ACTION, CLAIMS, DEMANDS AND DAMAGES OF EVERY KIND WHICH MAY ARISE OUT OF MY PARTICIPATION IN ANY ACTIVITIES INVOLVING SURFING INSTRUCTION FROM INSTRUCTOR.

THE UNDERSIGNED HAS READ THE ABOVE WAIVER AND RELEASE, UNDERSTANDS THAT HE/SHE HAS GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND SIGNS IT VOLUNTARILY.

Witness my signature this the day of , .

I, the parent/guardian of the above person (a minor), have read and reviewed the above Waiver and Release of Liability and Assumption of Risk and am familiar with the nature of surfing and ocean activities. I understand that participation in surfing can be dangerous and involves the risk of injury and can possibly lead to serious and permanent bodily injury, disability, or death. I acknowledge that signing this Waiver and Release of Liability and Assumption of Risk is a condition of having my child participate in surfing lessons provided by Instructor. I hereby waive and release, indemnify, hold harmless and forever discharge, for myself and on behalf of my child, Instructor and/or any of Instructor’s staff, agents, owners, or any affiliate association from any and all liability or responsibility, negligence, causes of action, claims, demands, and damages of every kind which may arise out of my child’s participation in any activities involving surfing lessons with Instructor.

Witness my signature this the day of , .