LEARN TO SURF LA WAIVER: REQUIRED FOR ALL PARTICIPANTS
CAUTION: DO NOT SIGN THIS DOCUMENT
WITHOUT READING IT IN ITS ENTIRETY AND CAREFULLY. BY SIGNING THIS DOCUMENT, YOU GIVE UP IMPORTANT
LEGAL RIGHTS! SURFING IS AN ATHLETIC ACTIVITY, THE PARTICIPATION IN WHICH
INVOLVES VARIOUS RISKS. PLEASE READ AND UNDERSTAND THIS DOCUMENT.
THIS IS A LEGAL DOCUMENT. MY
SIGNATURE IS MY ACKNOWLEDGMENT OF THE CONTENTS OF THIS CONTRACT. I WILL NOT
SIGN THIS DOCUMENT UNLESS I FULLY UNDERSTAND AND AGREE TO BE BOUND BY ITS
CONTENTS.
I,
___________________________________, being an adult, (or a minor on whose
behalf a parent or legal guardian is signing this document) (hereafter “I” or
“me”), acknowledge that:
1)
I Know How To Swim And To Maintain Buoyancy In Open Water, And I Am In
Good Health: My swimming skills are above
those of a novice and I can maintain my head above water when my feet do not
make contact with the bottom for extended periods of time. Likewise, I am in good physical and mental
health, I am not under the influence of any drugs, alcohol, or other substances
which may impair my swimming skills or my ability to take and follow
instructions. I am not pregnant nor am
I suffering from any spinal or skeletal defect, hearing, vision or balance
impairment or other physical impairment.
I understand that the foregoing representations as to my physical
condition are being relied upon by Learn to Surf LA. I hereby agree to follow all rules, regulations, and instructions
of Learn to surf LA while participation in this class or lesson.
2)
I Acknowledge That Surfing May Be Dangerous And I Accept And Assume
Such Risk: I am aware that open water activities in
general, and surfing specifically, involves inherent risks. I may damage my belongings, get hurt, get
injured, become ill, drown, or even die.
I further acknowledge that I have voluntarily chosen to take surfing
lessons with Learn to Surf LA, or if the individual taking such lessons is a
minor, I have, as the minor’s parent or legal guardian, voluntarily consented
to such minor taking of such lessons. I
know and fully understand that water sports and surfing is a dangerous outdoor
activity in an uncontrolled natural environment with inherent risks and
hazards, where serious accidents can occur, participants can sustain property
damage, injuries, illness and even die.
I acknowledge and willingly and voluntarily assume all risks and hazards
in surfing and beach related activities in all phases of these activities from
the training sessions until the conclusion of the class or lesson, including,
but not limited to those involving, (1) loss of control of the surfboard,
malfunction of the surfboard, falls from the surfboard, collision with other
participants, equipment, other surfboards, rocks, and any other man made or natural obstacles, whether
obvious or not; (2) judgment, decision making and conduct of the instructors;
(3) submersion in water, drowning; (4) encounters with animals, marine life,
plant life, rocks and insects; (5) exposure to outdoor ocean environment,
bacteria or microbes, extreme temperatures, sun, and inclement weather,
including travel by foot or vehicle in any way related to this activity; (6)
assistance in lifting and /or carrying surfing equipment; (7) rescue-related
injuries; and (8) unavailability of immediate and appropriate medical attention
in case of injury. I understand and
acknowledge that the above list is not meant to be complete or exhaustive, and
that other unforeseen and unanticipated risks, known or unknown, may also exist
and result in damage, injury, illness, disease, or death.
3)
I Waive My Right To Sue Learn To Surf LA: In consideration for Learn to Surf LA agreeing to provide me with
surfing instructions and allowing me to participate in this class or lesson, I
agree that I shall not make a claim or bring any action against, sue, or hold
responsible, the City of Santa Monica, Learn to Surf LA, its owners (including
Patrick Murphy), officers, agents, employees, associates, representatives,
(referred to collectively in this agreement as “Learn to Surf LA”) or
expect, require, or pursue them, to be held accountable for any damages. I voluntarily agree to release, discharge,
and hold harmless Learn to Surf LA from and against any and all claims of
liability, even those arising out of their negligence, fault, recklessness, or
any other act or omission which causes me damages, illness, injury, disease, or
death, of any nature in any way connected with my participation in this
activity. I also expressly agree to
release and discharge Learn to Surf LA from any act or omission, excluding acts
of wanton or gross negligence, in rendering or failing to render any type of
rescue, emergency or medical services.
4)
Indemnity: I further agree, to hold
harmless, defend, and indemnify Learn to Surf LA and the City of Santa Monica
from all defense costs, including attorney’s fees incurred in connection with
any claims arising from the activities anticipated herein, including but not
limited to those for bodily injury, wrongful death, or property damage, whether
sustained by any minor under 18 years of age on whose behalf I am signing, or
which I may have caused to spectators or other third parties, whether negligent
or not, in the course of my participation in this activity. I understand that Learn to Surf LA carries
no insurance of any kind to cover any loss I may sustain. In the event of any actions, regardless of
where venue lies, any such actions shall be filed in the State Court of Los
Angeles County, California. In the
event that any action is filed other than in the State Court of Los Angeles
County, California, it shall be moved to State Court of Los Angeles County,
California on motion and at the option of Learn to Surf LA.
5)
Permission to Obtain Medical Assistance: In the event of any injury, illness, emergency, accident or other
harm sustained by me (or by the minor on whose behalf I am signing this
document), I hereby give Learn to Surf LA permission to obtain Medical
Assistance, in which event I hereby make the same releases and waivers in Learn
to Surf LA’s favor as I have otherwise made in this agreement in connection
with any such medical assistance sought or not sought. In addition, the expenses for any such
medical emergency shall be my sole responsibility and not that of Learn to Surf
LA.
6)
Promotional Use of Images: I hereby
agree that Learn to Surf LA may use film or photographic records of this
surfing class or lesson for its promotional and/or commercial purposes without
compensation to me, and I consent to the use of my name and likeness for such
use in any media now known or not known.
7)
I HAVE READ THIS DOCUMENT IN ITS ENTIRETY AND IT IS MY INTENTION THAT
IT BE BROADLY CONSTRUED IN FAVOR OF LEARN TO SURF LA IN THE EVENT OF ANY
AMBIGUITIES, WHICH SHALL BE RESOLVED IN LEARN TO SURF LA’S FAVOR. I UNDERSTAND THAT I AM ASSUMING ALL THE
RISKS INHERENT IN THIS SURFING ACTIVITY, AND THAT I MAY BE INJURED, BECOME ILL,
OR EVEN DIE AS A RESULT OF SURFING. I
UNDERSTAND THAT THIS IS A RELEASE OF ANY AND ALL CLAIMS. I UNDERSTAND THAT THIS IS THE ENTIRE
AGREEMENT BETWEEN ME AND LEARN TO SURF LA, AND THAT NO REPRESENTATIONS HAVE
BEEN MADE TO ME BY LEARN TO SURF LA OUTSIDE OF THIS AGREEMENT. I VOLUNTARILY SIGN MY NAME AS EVIDENCE OF MY
ACCEPTANCE OF ALL THE PROVISIONS IN THIS RELEASE AND MY AGREEMENT TO BE BOUND
BY THEM.
Name of
participant________________________________________________________
Print name of
Parent/Guardian (if minor participant)_________________________________
Signature_____________________________________ Date___________________
Email (if you’d like to
receive info on Learn to Surf LA trips, equipment sales, events, offerings, etc.)
_______________________________________________________________________