KITEBOARDING, KITESURFING WINDSURFING, BOARD SURFING RELEASE OF LIABILITY WAIVER OF LEGAL RIGHTS AND ASSUMPTION OF RISK. PLEASE INITIAL ALL PARAGRAPHS IN SPACES PROVIDED In consideration for the renting, purchasing, or leasing of Kiteboarding equipment from SFKB and its affiliates and/or the utilizing of the facilities, boat, ground school, instruction, premises, and equipment of SFKB and its affiliates in engaging in the sport of Kiteboarding, Kitesurfing, water instruction, and related activities (hereinafter collectively called "Kiteboarding Activities"), I hereby understand and agree to this release of liability, waiver of legal rights, and assumption of risk, and to the terms hereof as follows: 1.I acknowledge that Kiteboarding is an action sport and recreational activity involving travel in three dimensions and such activity is subject to mishap and even injury to participants. I understand I may suffer a broken limb, paralysis, or fatal injury while participating in the sport of Kiteboarding. 2.I further acknowledge that there are no warranties applicable to the purchase of the Kiteboarding equipment by me and that all warranties whether expressed or implied are excluded. THERE IS NO WARRANTY OF MERCHANTABILITY OR THAT THE SAID KITEBOARDING EQUIPMENT IS FIT FOR ANY PURPOSE. I am accepting the said Kiteboarding equipment as is and I hereby acknowledge that I will personally examine the said Kiteboarding equipment prior to my using the same. 3. I hereby RELEASE AND DISCHARGE SFKB and its affiliates, the state of Florida, Dade County, Broward County, the city of Miami and their officers, directors, elected officials, agents, employees, instructors, lessors, and owners of equipment and the land used for Kiteboarding Activities (hereinafter referred to as "Released Parties"), from any and all liability, claims, demands, or causes of action that I may hereafter have for injuries, disability, or death, or damages arising out of my participation in Kiteboarding Activities, including, but not limited to, losses CAUSED BY THE NEGLIGENCE OF THE RELEASED PARTIES. 4.I understand and acknowledge that Kiteboarding and Boating Activities have inherent dangers that no amount of care, caution, instruction, or expertise can totally eliminate. I EXPRESSLY AND VOLUNTARILY ASSUME ALL RISK OF DEATH OR PERSONAL INJURY SUSTAINED WHILE PARTICIPATING IN KITEBOARDING OR BOATING ACTIVITIES WHETHER OR NOT CAUSED BY THE NEGLIGENCE OF THE RELEASED PARTIES. 5. I further agree that I WILL NOT SUE OR MAKE A CLAIM against the Released Parties for damages or other losses sustained as a result of my participation in Kiteboarding and boating Activities. 6. I also agree to INDEMNIFY AND HOLD THE RELEASED PARTIES HARMLESS from all claims, judgments, and costs, including attorney's fees, incurred in connection with any action brought as a result of my participation in Kiteboarding and boating activities. 7.I will take full responsibility for, and hold harmless, Released Parties for any injury that I may suffer or inflict upon others or their property as a result of my engaging in Kiteboarding and boating activities. 8.I agree that I will operate the said Kiteboarding equipment in a reasonable and safe manner so as not to endanger the lives of persons or property of any individual. 9.I have read and understand the above and acknowledge that the same constitutes a release of liability and a waiver of my legal rights and also acknowledgement of the assumption by me of all risks arising out of my engaging in Kiteboarding activities. 10.I further represent that this release of liability, waiver of legal rights, and assumption of risk shall continue in full force and effect for so long as I engage in Kiteboarding activities which are in any way connected to or with the released parties. 11. I further represent that I am at least 18 years of age or that as the parent or legal guardian I waive and release any and all legal rights that may accrue to me or to my minor child as the result of any injury that my son or daughter (minor) may suffer while engaging in Kiteboarding activities. 12.I hereby expressly recognize this Release of Liability, Waiver of Legal Rights, and Assumption of Risk is a contract pursuant to which I have released any and all claims against the Released Parties resulting from my participation in Kiteboarding and Boating activities including any claims of the Released Parties by any of the undersigned. DECLARATION OF FITNESS FOR KITEBOARDING AND BOATING ACTIVITIES: I hereby declare that I am physically fit. I do not and have not suffered from any of the following conditions, which I understand may lead to a dangerous situation with regard to other persons or myself performing Kiteboarding activities. Epilepsy, severe head injury, recurrent blackouts, disease of the brain or nervous system, high blood pressure, lung or heart disease,recurrent weakness of dislocation of any limb, diabetes, mental illness, drug or alcohol addiction, recent back injury, arthritis and severe joint spasms, chronic bronchitis, asthma, rheumatic fever, thyroid adrenal or other glandular disorder, recent blood donation or any condition that requires the regular use of drugs. Even if I have a health condition as stated above or of which I am unaware, by signing this form I still choose to participate in the Kiteboarding and boating activities and agree to waive all responsibilities to all above mentioned parties concerning any consequences that would result from my actions. I hereby declare that I have no physical or mental conditions that should preclude me from participating in my chosen activity, that I am not participating against medical advice or treatment and that I have not been diagnosed by a registered doctor as having a terminal illness. I further declare that in the event that I feel ill or unwell, have any physical complaints whatsoever or if an injury of any kind is sustained during the course of any Kiteboarding activities, I will notify the instructor immediately. I have read the above declarations, understand them, and I agree to be bound by them. I HAVE READ THIS RELEASE OF LIABILITY, WAIVER OF LEGAL RIGHTS, AND ASSUMPTION OF RISK, AND FULLY UNDERSTAND ITS CONTENTS AND SIGN IT OF MY OWN FREE WILL AND AGREE TO BE BOUND BY IT TODAY'S DATE: April 18, 2024 |