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RELEASE OF LIABILITY, WAIVER, AND ASSUMPTION OF RISK AGREEMENT

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.

 

LANGUAGE ACKNOWLEDGEMENT: By signing this waiver, I hereby certify that I can read, write and understand English. If English is not my first language, I certify that I can read write and understand English well enough to understand this waiver, the risks of surfing, and undertake surf activities as described herein.

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 RINCON SURF SCHOOL, LLC AND SASS GLOBAL TRAVEL, LLC. I hereby agree to follow all rules, regulations, and instructions of RINCON SURF SCHOOL, LLC AND SASS GLOBAL TRAVEL, LLC while participating in this class, lesson, or while renting equipment from RINCON SURF SCHOOL, LLC AND SASS GLOBAL TRAVEL, LLC.

 

2) I acknowledge that surfing is dangerous and I accept and assume such risk:

I am aware that open water activities 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 rent equipment or take surfing lessons from RINCON SURF SCHOOL, LLC AND SASS GLOBAL TRAVEL, LLC, or if the individual taking such lessons or renting equipment is a minor, I have, as the minor?s parent or legal guardian, voluntarily consented to such minor taking of such lessons, or renting equipment. 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, lesson, or equipment rental period, 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 RINCON SURF SCHOOL, LLC AND SASS GLOBAL TRAVEL, LLC:

In consideration for RINCON SURF SCHOOL, LLC AND SASS GLOBAL TRAVEL, LLC agreeing to provide me with equipment rental or surfing instructions and/or 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,RINCON SURF SCHOOL, LLC AND SASS GLOBAL TRAVEL, LLC, its owners, officers, agents, employees, associates, representatives, (referred to collectively in this agreement as ?RINCON SURF SCHOOL, LLC AND SASS GLOBAL TRAVEL, LLC?) or expect, require, or pursue them, to be held accountable for any damages. I voluntarily agree to release, discharge, and hold harmless RINCON SURF SCHOOL, LLC AND SASS GLOBAL TRAVEL, LLC 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 RINCON SURF SCHOOL, LLC AND SASS GLOBAL TRAVEL, LLC 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 RINCON SURF SCHOOL, LLC AND SASS GLOBAL TRAVEL, LLC and the City IN WHICH THE LESSONS ARE PERFORMED 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 caused by or 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. In the event of any actions, regardless of where venue lies, any such actions shall be filed in the Courts of Puerto Rico. In the event that any action is filed other than in the Courts of Puerto Rico, it shall be moved to Courts of Puerto Rico on motion and at the option of RINCON SURF SCHOOL, LLC AND SASS GLOBAL TRAVEL, LLC.

 

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 RINCON SURF SCHOOL, LLC AND SASS GLOBAL TRAVEL, LLC OR CERTIFIED LIFEGUARDS permission to obtain Medical Assistance, in which event I hereby make the same releases and waivers in RINCON SURF SCHOOL, LLC AND SASS GLOBAL TRAVEL, LLC?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 RINCON SURF SCHOOL, LLC AND SASS GLOBAL TRAVEL, LLC.

 

6) Promotional Use of Images:

I hereby agree that RINCON SURF SCHOOL, LLC AND SASS GLOBAL TRAVEL, LLC 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) Equipment Rental and Damage:

When engaging in the rental or use of surfing equipment, I agree to accept all responsibility to maintain the condition and whereabouts of all the equipment rented for the entire rental period and to pay all repair and/or replacement costs for any damage or theft that may occur to equipment during the rental period. Should I damage a surfboard, I agree to pay a surfboard damage fee of $30 per inch of damage, with a maximum limit of liability for surfboard damage of $500 for unrepairable damage. Should a surfboard become lost/stolen, I agree to pay a fee equal to the new market value of the board.

 

8) I HAVE READ THIS DOCUMENT IN ITS ENTIRETY AND IT IS MY INTENTION THAT IT BE BROADLY CONSTRUED IN FAVOR OF RINCON SURF SCHOOL, LLC AND SASS GLOBAL TRAVEL, LLC IN THE EVENT OF ANY AMBIGUITIES, WHICH SHALL BE RESOLVED IN RINCON SURF SCHOOL, LLC AND SASS GLOBAL TRAVEL, LLC?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 RINCON SURF SCHOOL, LLC AND SASS GLOBAL TRAVEL, LLC, AND THAT NO REPRESENTATIONS HAVE BEEN MADE TO ME BY RINCON SURF SCHOOL, LLC AND SASS GLOBAL TRAVEL, LLC 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.

I Agree

First Participant's Name

First Name*

Last Name*
First Participant's Age Acknowledgment*
First Participant's Date of Birth*
I certify that I am 18 years of age or older
First Participant's Signature*
Second Participant's Name

First Name*

Last Name*
Second Participant's Date of Birth*
Third Participant's Name

First Name*

Last Name*
Third Participant's Date of Birth*
Fourth Participant's Name

First Name*

Last Name*
Fourth Participant's Date of Birth*
Fifth Participant's Name

First Name*

Last Name*
Fifth Participant's Date of Birth*
Sixth Participant's Name

First Name*

Last Name*
Sixth Participant's Date of Birth*
Seventh Participant's Name

First Name*

Last Name*
Seventh Participant's Date of Birth*
Eighth Participant's Name

First Name*

Last Name*
Eighth Participant's Date of Birth*
Ninth Participant's Name

First Name*

Last Name*
Ninth Participant's Date of Birth*
Tenth Participant's Name

First Name*

Last Name*
Tenth Participant's Date of Birth*
Parent or Guardian's Email Address

Email*
Check to receive information, news, and discounts by e-mail.
A signed copy of this waiver will be sent to the email address you provide.
COVID-19 Safety Acknowledgment, Liability Waiver and Release of Claims

COVID-19 SAFETY INFORMATION:

While participating in SASS Global Travel ("SASS") events, winter outdoor activities, surf-related activities and/or trips, face coverings must be worn in many locations to reduce the risks of exposure to COVID-19.  Because COVID-19 is extremely contagious and is spread mainly from person-to-person contact, SASS has put in place preventative measures to reduce the spread of COVID-19.  However, SASS cannot guarantee that its participants, employees, clients, partners, contractors, or others in attendance will not become infected with COVID-19.


In light of the ongoing spread of COVID-19, certain individuals who fall within any of the categories below should not attend SASS events or participate in activities. By attending an SASS event or participating in activities, you certify that you have not experienced any symptoms associated with COVID-19, which include: fever, cough, and shortness of breath among others; or that you have been exposed to a confirmed or suspected case of COVID-19; or that you have been diagnosed with COVID-19 and are not yet cleared as non-contagious by state or local public health authorities or the health care team responsible for treatment. 


DUTY TO SELF-MONITOR:

Participants and volunteers agree to self-monitor for signs and symptoms of COVID-19 (symptoms typically include fever, cough, and shortness of breath) and, contact SASS at info@sassglobaltravel.com if he/she experiences symptoms of COVID-19 within 14 days after participating or volunteering with SASS.


LIABILITY WAIVER AND RELEASE OF CLAIMS:

I acknowledge that I derive personal satisfaction by virtue of my participation in SASS programs, and I willingly engage in SASS events (the "Activity").


ASSUMPTION OF THE RISK. I acknowledge and understand the following:


1. Participation includes possible exposure to and illness from infectious diseases including but not limited to COVID-19. While particular rules and personal discipline may reduce this risk, the risk of serious illness and death does exist;


2. I knowingly and freely assume all such risks related to illness and infectious diseases, such as COVID-19, even if arising from the negligence or fault of the Released Parties; and


3. I hereby knowingly assume the risk of injury, harm and loss associated with the Activity, including any injury, harm and loss caused by the negligence, fault or conduct of any kind on the part of the Released Parties.


RELEASE AND WAIVER:

I HEREBY RELEASE, WAIVE AND FOREVER DISCHARGE ANY AND ALL LIABILITY, CLAIMS, AND DEMANDS OF WHATEVER KIND OR NATURE AGAINST SASS GLOBAL TRAVEL LLC AND ITS AFFILIATED PARTNER OPERATORS, INCLUDING IN EACH CASE, WITHOUT LIMITATION, THEIR DIRECTORS, OFFICERS, EMPLOYEES, VOLUNTEERS, AND AGENTS (THE "RELEASED PARTIES"), EITHER IN LAW OR IN EQUITY, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, INCLUDING BUT NOT LIMITED TO DAMAGES OR LOSSES CAUSED BY THE NEGLIGENCE, FAULT OR CONDUCT OF ANY KIND ON THE PART OF  THE RELEASED PARTIES, INCLUDING BUT NOT LIMITED TO DEATH, BODILY INJURY, ILLNESS, ECONOMIC LOSS OR OUT OF POCKET EXPENSES, OR LOSS OR DAMAGE TO PROPERTY, WHICH I, MY HEIRS, ASSIGNEES, NEXT OF KIN AND/OR LEGALLY APPOINTED OR DESIGNATED REPRESENTATIVES, MAY HAVE OR WHICH MAY HEREINAFTER ACCRUE ON MY BEHALF, WHICH ARISE OR MAY HEREAFTER ARISE FROM MY PARTICIPATION WITH THE ACTIVITY. 



I DO HEREBY RELEASE AND FOREVER DISCHARGE THE RELEASED PARTIES FROM ANY CLAIM WHATSOEVER WHICH ARISES OR MAY HEREAFTER ARISE ON ACCOUNT OF ANY TESTING, FIRST AID, TREATMENT, OR SERVICE RENDERED OR REFERRED BY SASS IN CONNECTION WITH MY PARTICIPATION IN THE ACTIVITY. *
I acknowledge the above release
Parent(s) or court-appointed legal guardian(s) must sign for any participating minor (those under 18 years of age) and agree that they and the minor are subject to all the terms of this document, as set forth above.


By signing below the Parent or Court-Appointed Legal Guardian agrees that they are also subject to all the terms of this document, as set forth above.
Parent or Guardian's Name

First Name*

Last Name*
Parent or Guardian's Age Acknowledgment*
Parent or Guardian's Date of Birth*
I certify that I am 18 years of age or older
Parent or Guardian's Signature*
Electronic Signature Consent*
 By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.


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