Liability Waiver


REBEL KITEBOARDING LLC
KITEBOARDING, WAKEBOARDING, JET SKIING,
ASSUMPTION OF RISK,
RELEASE OF LIABILITY,
INDEMNIFICATION AGREEMENT &
DECLARATION OF FITNESS

PLEASE READ CAREFULLY BEFORE SIGNING. THIS IS A RELEASE OF LIABILITY & WAIVER OF LEGAL RIGHTS.

  1. Definitions. The person who is participating in kiteboarding/wakeboarding/jet skiing shall be referred to hereinafter as "Participant". The "Undersigned" means only the Participant when the Participant is age 18 or older OR it means both the Participant and the Participant's parent or legal guardian when the Participant is under the age of 18. "Released Parties" mean Rebel Kiteboarding LLC, their employees or any of their respective successors in interest. The "Activity" means taking part in kiteboarding, wakeboarding, , jet skiing, and using the kiteboarding, wakeboarding, jet ski facilities for any purpose.

  2. Risks of Activity. The Undersigned agree and understand that taking part in the Activity can be HAZARDOUS AND INVOLVES THE RISK OF PHYSICAL INJURY AND/OR DEATH, and that no amount of care, caution, instruction, or expertise can totally eliminate these risks. The Undersigned acknowledge that the Activity is inherently dangerous and fully realize the dangers of participating in the Activity. The risks and dangers of the activity include, but are not limited to: water flow, tides, currents, wakes, collisions with other participants, watercraft and other manmade and natural objects, weather conditions, capsizing, sinking, drowning, exposure to elements, slips and falls, exposure to temperature and weather extremes which could cause cold water shock, hypothermia, hyperthermia (heat related illnesses), heat exhaustion, sunburn, dehydration; exposure to potentially dangerous wild animals, insect bites, and hazardous plant life; aggressive and/or poisonous marine life; musculoskeletal injuries including head, neck, and back injuries; wrist, arm, or shoulder injuries, equipment failure and/or defects, operator error, mental distress from exposure to any of the above, and negligence of others. THE UNDERSIGNED ACKNOWLEDGE AND UNDERSTAND THAT THE DESCRIPTION OF THE RISKS LISTED ABOVE IS NOT COMPLETE AND THAT PARTICIPATING IN THE ACTIVITY MAY BE DANGEROUS AND MAY INCLUDE OTHER RISKS.

  3. Release, Indemnification, and Assumption of Risk. In consideration of the Participant being permitted to participate in the activity, the Undersigned agree as follows:

    (a) Release. THE UNDERSIGNED HEREBY IRREVOCABLY AND UNCONDITIONALLY RELEASE, FOREVER DISCHARGE, AND AGREE NOT TO SUE OR BRING ANY OTHER LEGAL ACTION AGAINST THE RELEASED PARTIES with respect to any and all claims and causes of action of any nature whether currently known or unknown, which the Undersigned, or any of them, have or which could be asserted on behalf of the Undersigned in connection with the Participant's participation in the Activity, including, but not limited to claims of negligence, breach of warranty, and/or breach of contract.

    (b) Indemnification, The Undersigned hereby agree to indemnify, defend and hold harmless the Released Parties from and against any and all liability, cost, expense or damage of any kind or nature whatsoever and from any suits, claims or demands, including legal fees and expenses whether or not in litigation, arising out of, or related to, Participant's participation in the Activity. Such obligation on the part of the Undersigned shall survive the period of the Participant's participation in the Activity.

    (c) Assumption of Risk. The Undersigned agree and understand that there are dangers and risks associated with the participation in the Activity and that INJURIES AND/OR DEATH may result from participating in the Activity, including, but not limited to the acts, omissions, representations, carelessness, and negligence of the Released Parties. By signing this document, the Undersigned recognize that property loss, injury and death are all possible while participating in the Activity. RECOGNIZING THE RISKS AND DANGERS, THE UNDERSIGNED UNDERSTAND THE NATURE OF THE ACTIVITY AND VOLUNTARILY CHOOSE FOR PARTICIPANT TO PARTICIPATE IN AND EXPRESSLY ASSUME ALL RISKS AND DANGERS OF THE PARTICIPATION IN THE ACTIVITY, WHETHER OR NOT DESCRIBED ABOVE, KNOWN OR UNKNOWN, INHERENT, OR OTHERWISE.

  4. Declaration of Fitness. The Participant hereby declares that they are physically and mentally fit to participate in the Activity. They understand the physical demands of the Activity. The Participant certifies that they do not have any medical conditions or injuries that would prevent them from safely participating in the Activity. They agree to disclose any relevant medical information to the Released Parties, usually the instructor, prior to the Activity. The Participant acknowledges that they are solely responsible for their own health and safety while participating in the Activity. Furthermore, they affirm that they are not pregnant or nursing, and do not have any mental impairments that may affect their judgment of danger or the information provided during the Activity.

    The Participant declares that they are an experienced open-water swimmer. Furthermore, the Participant confirms their ability to swim proficiently and understands the importance of water safety practices while participating in the Activity.

    The Participant certifies that while participating in the Activity, they will not be under the influence of alcohol or drugs.

  5. Minor Acknowledgment. In the case of a minor Participant, the Undersigned parent or legal guardian acknowledges that he/she is not only signing this Agreement on his/her behalf, but that he/she is also signing on behalf of the minor and that the minor shall be bound by all the terms of this Agreement. Additionally, by signing this Agreement as the parent or legal guardian of a minor, the parent or legal guardian understands that he/she is also waiving rights on behalf of the minor that the minor otherwise may have. The Undersigned parent or legal guardian agrees that, but for the foregoing, the minor would not be permitted to participate in the Activity. By signing this Agreement without a parent or legal guardian's signature, the Participant, under penalty of fraud, represents that he/she is at least 18 years of age. If signing as the parent or guardian of a minor Participant, signing adults represent that they are a legal parent or guardian of the minor Participant.

  6. Medical Care. The Undersigned acknowledges that the Activity takes place in remote places without medical facilities and emergency treatment or other services rendered. The Undersigned hereby authorize the Released Parties and/or their authorized personnel to call for medical care for Participant or to transport Participant to a medical facility or hospital if, in the opinion of such personnel, medical attention is needed. The Undersigned hereby agree to pay all costs associated with such medical care and related transportation.

  7. Miscellaneous. The Undersigned further agree and understand: (a) Participant will not engage in any activities prohibited by any applicable laws, statutes, regulations and ordinances; (b) this Agreement constitutes the entire agreement between the parties hereto and supersedes any and all prior contracts, arrangements, communications, or representations, whether oral or written, between the parties relating to the subject matter hereof; (c) the Undersigned understand and acknowledge that this Agreement is a contract and shall be binding to the fullest extent permitted by law. If any part of this Agreement is deemed to be unenforceable, the remaining terms shall be an enforceable contract between the parties. It is the intent of the Undersigned that this agreement shall be binding upon the assignees, subrogors, distributors, heirs, next of kin, executors and personal representatives of the Undersigned.

 

I HAVE CAREFULLY READ THE FOREGOING ASSUMPTION OF RISK, RELEASE OF LIABILITY, INDEMNIFICATION AGREEMENT & DECLARATION OF FITNESS AND UNDERSTAND ITS CONTENTS. I AM AWARE THAT I AM RELEASING LEGAL RIGHTS THAT OTHERWISE MAY EXIST.

 

 

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Signature Certificate
Document name: Liability Waiver
lock iconUnique Document ID: 0269cf1879e6315e22d21076f6e2e6153e83a0a0
Timestamp Audit
June 20, 2023 8:55 pm EDTLiability Waiver Uploaded by Frank Winter - [email protected] IP 71.120.194.153
Audit trial Qr code
This audit trail report provides a detailed record of the online activity and events recorded for this document.
https://rebelkiteboarding.com/
Audit Trail Serial# 385441c6a5dfda8da34d81864924230d