THIS ACTIVITY WAIVER (this "Agreement") IS A RELEASE OF LIABILITY AND INDICATES YOUR ASSUMPTION OF THE DIRECT AND INHERENT RISKS ASSOCIATED WITH THE ACTIVITY.
BETWEEN:
(the "Participant" and/or the signatory at bottom) OF THE FIRST PART
AND
Sean's Private Surf Instruction, LLC of 6404 Quail Run Rd. Wilmington, NC 28409
(the "Activity Provider") OF THE SECOND PART
IN CONSIDERATION OF the covenants and agreements contained in this Agreement and other good and valuable consideration, the receipt of which is hereby acknowledged, the parties to this Agreement agree as follows:
Consideration
Being of lawful age and in consideration of being permitted to participate in the activity described below, the Participant releases and forever discharges the Activity Provider, its owners, directors, officers, employees, agents, assigns, legal representatives and successors from all manner of actions, causes of action, debts, accounts, bonds, contracts, claims and demands for or by reason of any injury to person or property, including injury resulting in the death of the Participant, which has been or may be sustained as a consequence of the Participant's participation in the activity described below, and not withstanding that such damage, loss or injury may have been caused solely or partly by the negligence of the Activity Provider.
The Releasor understands that the Releasor would not be permitted to participate in the activity described below unless the Releasor signed this Agreement.
Details of Activity
The Participant will participate in the following activity/s: surfing, surfing lessons, surfing instruction, and surfing camps from Sean's Private Surf Instruction, LLC--including but not limited to, necessary rigorous activity associated with surfing, swimming, water sports, and other surf camp activities (such as body boarding, swimming, running, canoeing, kayaking, fishing, etc.) and acknowledges any inherent, implied, and necessary risks associated with the same.
Concurrent Release
The Participant acknowledges that this Agreement is given with the express intention of effecting the extinguishment of certain obligations owed to the Participant and with the intention of binding the Participant's spouse, heirs, executors, administrators, legal representatives and assigns.
Fitness to Participate
The Participant acknowledges that the Participant does not have any physical limitations, medical ailments, physical or mental disabilities that would limit or prevent the Participant from participating in the above mentioned activity. If required, the Participant will obtain a medical examination and clearance.
Full and Final Settlement
The Participant hereby acknowledges and agrees that the Participant has carefully read this Agreement, that the Participant fully understands the same, and that the Participant is freely and voluntarily executing the same.
The Participant understands that by signing this Agreement, the Participant agrees to be forever prevented from suing or otherwise claiming against the Activity Provider for any property loss or personal injury that the Participant may sustain while participating in or preparing for the above noted activity.
The Participant has been given the opportunity and has been encouraged to seek independent legal advice prior to signing this Agreement.
This Agreement contains the entire agreement between the parties to this Agreement and the terms of this Agreement are contractual and not a mere recital.
Governing Law
This Agreement will be construed in accordance with and governed by the laws of the State of North Carolina.
Duration:
For recurring participants, this agreement will apply to all activities occurring between the parties during the calendar year of the effective date of signature unless otherwise revoked in a writing provided by either party, to the other.
Emergency Contact
By signing this agreement, the Participant's expressly agrees that their up to date emergency contact information has been placed on file with Sean’s Private Surf Instruction, LLC.
Age Verification
By signing this agreement, the signatory expressly states that he/she is at least 18 years of age. The signatory also expressly states that they have authority to authorize participation of the minor in the above-mentioned activity/s and further agrees to indemnify and hold harmless “Sean’s Private Surf Instruction, LLC” from all liability.
IN WITNESS WHEREOF the Participant and Activity Provider have duly affixed their signatures below.
Sean’s Private Surf Instruction, LLC
