It is my desire to
participate in the Surfing, Kitesurfing or Windsurfing
Activity (the “Activity”) offered in my vicinity or by WindySurf (collectively "WindySurf"). As a precondition to
participating in the Activity, I have read the following Agreement (the “Agreement”) and agree to its terms.
Assumption of Risk.
I understand that participating in the Activity entails inherent risks of physical injury or death, including but not limited to, the risks described. Having read this form, I am fully aware of the inherent risks and hazards associated with the Activity sport of surfing, windsurfing and kitesurfing, that injuries are normal and ordinary occurrences. Windsurfing, Kitesurfing, surfing, kayaking, and snorkeling are dangerous sports with hazards, not limited to: rocks, reefs, ocean life and rip currents; hereby elect to voluntarily participate in the Activity. I voluntarily assume full responsibility for any risks of loss, property damage or personal injury, including death, that may be sustained by me, my dependent or spouse as a result of participating in the Activity, including any gross negligence or willful misconduct of WindySurf, its officers, trustees, agents or volunteers (collectively referred to as the “WindySurf”).
In consideration for WindySurf allowing me to participate in the Activity, I agree I will not sue WindySurf and I release WindySurf from any and all liabilities, claims, demands, actions, causes of actions, costs and expenses of any nature whatsoever arising out of any loss, damage, or injury, including death, that may be sustained by me or to any property belonging to me, arising from the Activity or while upon the premises where the Activity being conducted, excepting those claims arising from the gross negligence or willful misconduct of WindySurf.
I agree to indemnify and hold harmless the WindySurf from and against any loss, liability, damage or costs, including court costs and attorneys’ fees, that WindySurf may incur arising from my involvement in the Activity, including any claims arising from the gross negligence or willful misconduct of WindySurf.
I warrant that I am physically fit and in good condition that will allow me to participate fully in the Activity. I maintain medical insurance that covers me for accidents and illnesses while I am participating in this Activity. I understand WindySurf has not made, nor will make, any investigation into my physical fitness or ability to participate in the Activity, and that WindySurf is relying on my warranty of my physical condition. I assume full responsibility for payment of medical expenses not covered by my insurance incurred as a result of my participation in the Activity.
Medical Treatment Authorization.
I understand and agree that the WindySurf assumes no responsibility for any injury or damage to my dependent, spouse or myself, that might arise out of or in connection with any of my or surrounding actions.
I acknowledge and agree that this is a dangerous and life-threatening Activity and hereby waive all liability. I will comply with all local law and customs. I hereby waive and release all claims against WindySurf and it agents related to any of my actions during, before or after the Activity.
It is my express intent that this Agreement shall bind the members of my family and /or spouse (if any), my estate, heirs, administrators, assigns, and personal representatives. I agree that this Agreement and any claim arising from my participation in the Activity shall be construed in accordance with the laws of the State of California, without regard to its conflict of laws provision. The courts in Denton County, Texas, shall be the forum for any lawsuits arising from the Activity or incident to this Agreement. The terms of this Agreement shall be severable, such that if a court of competent jurisdiction holds any term to be illegal or unenforceable, the validity of the remaining portions of shall not be affected thereby. By signing this Agreement, I have read, understand, and agree to be bound by its terms. If the participant is a minor, the undersigned parent or legal guardian warrants and represents that this Agreement, its significance and the assumption of risk, has been explained to and understood by my minor child or my dependent. I hereby declare, under penalty of perjury, that I am the parent or legal guardian of the named participant.