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SURF SCHOOL & CAMPS

RELEASE FORM

Today's Date: April 22, 2024

RELEASE OF LIABILITY, ASSUMPTION OF RISK, WAIVER OF CLAIMS & INDEMNIFICATION AGREEMENT

Notice - By signing this document you may be waiving certain legal rights, including the right to sue.

Release and Waiver of Claims; Assumption of the Risk; Indemnification Agreement

Notice – By signing this document you may be waiving certain legal rights, including the right to sue. Release and Waiver of Claims; Assumption of the Risk; Indemnification Agreement. In consideration of being allowed to use the facilities and participate in Boardsurfing Instruction and other activities (collectively the “Activities”) provided by Richard Schmidt Surf School Inc. (the “Host”), The City of Santa Cruz, The City of Capitola, The County of Santa Cruz, the Santa Cruz County Parks Department, the Participant, and the Participant’s parent(s) or legal guardian(s) if the Participant is a minor, do hereby agree, to the fullest extent permitted by law, as follows:

 

1. TO WAIVE ALL CLAIMS that they have or may have against the Host, The City of Santa Cruz, The City of Capitola, The County of Santa Cruz, the Santa Cruz County Parks Department, and all of their employees, officials, agents, representatives, and volunteers, arising out of the Participant’s participation in the Activities or the use of any equipment provided by the Host (“Equipment”), including while receiving instruction and/or training;

 

2. TO ASSUME ALL RISKS of participating in the Activities and using the Equipment, even those caused by the negligent acts or conduct of the Host, The City of Santa Cruz, The City of Capitola,  the County of Santa Cruz, the Santa Cruz County Parks Department, its owners, affiliates, operators, employees, agents, officers and/or any entity to which the Host owes a contractual indemnification obligation. The Participant and his/her parent(s) or legal guardian(s) understand that there are inherent risks of participating in the Activities and using the Equipment, which may be both foreseen and unforeseen and include serious physical injury and death;

 

3. TO RELEASE and DEFEND the Host, The City of Santa Cruz, The City of Capitola, the County of Santa Cruz, the Santa Cruz County Parks Department their owners, affiliates, operators, employees, agents, volunteers, and/or officers from all liability for any loss, damage, injury, death, or expense that the Participant (or his/her next of kin) may suffer, arising out of his/her participation in the Activities and/or use of the Equipment, including while receiving instruction and/or training. The Participant and his/her parent(s) or legal guardian(s) specifically understand that they are releasing any and all claims that arise or may arise from any negligent acts or conduct of the Host, its owners, affiliates, operators, employees, agents, and/or officers and/or any entity to which the Host owes a contractual indemnification obligation to, the fullest extent permitted by law. However, nothing in this Agreement shall be construed as a release for conduct that is found to constitute gross negligence or intentional conduct; and

 

4. TO INDEMNIFY the Host, The City of Santa Cruz, The City of Capitola, County of Santa Cruz, the Santa Cruz County Parks Department, its owners, affiliates, operators, employees, agents, officials, volunteers, and/or officers, from all liability for any loss, damage, injury, death, or expense that the Participant (or his/her next of kin) may suffer, arising out of participation in the Activities and/or use of the Equipment, including while receiving instruction and/or training.

 

PARTICIPANT AND/OR PARTICIPANT’S LEGAL GUARDIAN(S), acknowledge, recognize, understand, and are aware of the inherent dangers and risks associated with the Activities and enters this Agreement despite those dangers and risks.


PERSONAL RESPONSIBILITY

The Participant and his/her parent(s) or legal guardian(s) certify that Participant has no physical or mental condition that precludes him/her from participating in the Activities and that he/she is not participating against medical advice.

 

The Participant and his/her parent(s) or legal guardian(s) understand that Participant’s participation in the Activities is voluntary and further understand that they have the opportunity to inspect the Host’s Equipment and facilities before any participation.

 

The Participant and his/her parent(s) or legal guardian(s) understand that Participant is obligated to follow the rules of the Activities and that he/she can minimize his/her risk of injury by doing so and through the exercise of common sense and by being aware of his/her surroundings.

 

If, while participating in the Activities, the Participant or his/her parent(s) or legal guardian(s) observe any unusual hazard or condition, which they believe jeopardizes Participant’s personal safety or that of others, Participant and/or his/her parent(s) or legal guardian(s) will remove Participant from participation in the Activities and immediately bring said hazard or condition to the attention of the Host.

 

FORM 1512 (1212) General Waiver A – Page 1To the extent that any portion of this Agreement is deemed to be invalid under the law of the applicable jurisdiction, the remaining portions of the Agreement shall remain binding and available for use by the Host and its counsel in any proceeding.

 

IN ADDITION PHOTO RELEASE By signing this form, I authorize and consent to the use of my visual image and the visual image of MY CHILD by the Richard Schmidt Surf School, Inc. for appropriate purposes, including but not limited to: still photography, videotape, electronic and print publications, and websites. I give this consent with no claim for payment.

I HAVE READ AND UNDERSTAND THIS AGREEMENT AND I AM AWARE THAT BY SIGNING THIS AGREEMENT I MAY BE WAIVING CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE. 

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 Information
Is this for a lesson or camp?*

What Is the date of your lesson or camp? *
First Participant's Signature*
Second Participant's Name

First Name*

Last Name*
Second Participant's Date of Birth*
Second Participant's Information
Is this for a lesson or camp?*

What Is the date of your lesson or camp? *
Third Participant's Name

First Name*

Last Name*
Third Participant's Date of Birth*
Third Participant's Information
Is this for a lesson or camp?*

What Is the date of your lesson or camp? *
Fourth Participant's Name

First Name*

Last Name*
Fourth Participant's Date of Birth*
Fourth Participant's Information
Is this for a lesson or camp?*

What Is the date of your lesson or camp? *
Fifth Participant's Name

First Name*

Last Name*
Fifth Participant's Date of Birth*
Fifth Participant's Information
Is this for a lesson or camp?*

What Is the date of your lesson or camp? *
Sixth Participant's Name

First Name*

Last Name*
Sixth Participant's Date of Birth*
Sixth Participant's Information
Is this for a lesson or camp?*

What Is the date of your lesson or camp? *
Seventh Participant's Name

First Name*

Last Name*
Seventh Participant's Date of Birth*
Seventh Participant's Information
Is this for a lesson or camp?*

What Is the date of your lesson or camp? *
Eighth Participant's Name

First Name*

Last Name*
Eighth Participant's Date of Birth*
Eighth Participant's Information
Is this for a lesson or camp?*

What Is the date of your lesson or camp? *
Ninth Participant's Name

First Name*

Last Name*
Ninth Participant's Date of Birth*
Ninth Participant's Information
Is this for a lesson or camp?*

What Is the date of your lesson or camp? *
Tenth Participant's Name

First Name*

Last Name*
Tenth Participant's Date of Birth*
Tenth Participant's Information
Is this for a lesson or camp?*

What Is the date of your lesson or camp? *
Parent or Guardian's Email Address

Email*

Confirm Email*
Check to receive information, news, and discounts by e-mail.
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 Information
Is this for a lesson or camp?*

What Is the date of your lesson or camp? *
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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