ASSUMPTION AND ACKNOWLEDGEMENT OF RISKS
RELEASE OF LIABILITY AND INDEMNITY AGREEMENT
In consideration of being allowed to participate in watersport events and activities and/or being provided with watersport recreational property or services, for myself and any minor children for whom I am parent, legal guardian or otherwise responsible, and for my/our heirs, personal representatives or assigns:
- Acknowledgement of Risks, I acknowledge that WATERSPORTS AND RECREATION ARE VERY DANGEROUS and involve the risk of SERIOUS INJURY AND/OR DEATH. Risks include, but are not limited to changing tides and water flow, collisions, capsizing, inclement weather, equipment failure, operator error, all of which can cause serious injury, paralysis, and/or death.
- Express Assumption of Risk and Responsibility, I agree to assume responsibility for the risks of the activity, whether above or not, EVEN THOSE RISKS ARISING OUT OF THE NEGLIGENCE OF THE RELEASEES NAMED BELOW. My/our participation is purely voluntary. I assume full responsibility for myself and any minor children for whom I am responsible, for any bodily injury, accident, illness, paralysis, death or loss of any personal property even IF CAUSED, IN WHOLE OR IN PART, BY THE NEGLIGENCE OF THERE RELEASEES NAMED BELOW, to the fullest extent permitted by law. I understand that I am the only person authorized to operate any watercraft provided to me, and I will not allow anyone else to operate the watercraft. I agree to wear a U.S. Coast Guard approved personal flotation device (life jacket) while participating in the activity or riding in any water craft, and will also require any passengers to wear a life jacket. I am familiar with and will comply with all rules and regulations for safe operation of the craft.
- RELEASE I hereby release Santa Barbara Seals Surf School its principals, directors, officers, agents, employees and volunteers, and each and every landowner, municipal and/or governmental agency upon whose property and activity is conducted (“owner”), if any (collective “releasees) FROM ANY LIABILITY OF ANY NATURE FOR ANY AND ALL INJURY OR DAMAGE (INCLUDING DEATH) TO ME OR MY MINOR CHILDREN OR ANY OTHER PERSONS as a result or my/our participation in the activity. EVEN IF CAUSED BY THE NEGLIGENCE OF ANY OF THE RELEASEES NAMED ABOVE OR ANY OTHER PERSON (INCLUDING MYSELF) to the fullest extent permitted by law.
- INDEMNITY I hereby agree to INDEMNIFY AND SAVE AND HOLD HARMLESS the releasees and each of them FROM ANY LOSS, LIABILITY, DAMAGE OR COST they may incur arising out of or related to the use of any water craft provided to me, or arising out or related to my participation I any watersports or water recreational activity, WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE. I HAVE READ THIS ASSUMPTION AND ACKNOWLEDGE OF RISKS, RELEASE OF LIABILITY, AND INDEMNITY AGREEMENT. I UNDERSTAND THAT BY SIGNING THIS DOCUMENT, I AM WAIVING VALUABLE LEGAL RIGHTS, INCLUDING ANY AND ALL RIGHTS I MAY HAVE AGAINST THE RELEASEE, THE OPERATOR NAMED ABOVE, OR THEIR EMPLOYEES, AGENTS, SERVANTS OR ASSIGNS AND INTEND MY SIGNATURE TO BE A COMPLETE AND UNCONDITIONAL RELEASE AND INDEMNITY TO THE GREATEST EXTENT.