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WINDSURFING RELEASE OF LIABILITY, WAIVER OF LEGAL RIGHTS AND ASSUMPTION OF RISK

In consideration for the renting, purchasing or leasing of Board Surfing, Skim Boarding, Kitesurfing, Kiteboarding, Windsurfing, and Snow Kiting from Delmarva Board Sport Adventures, LLC and/or the utilizing of the facilities, ground school, instruction, premises, and equipment of Delmarva Board Sport Adventures in engaging in the sport of Windsurfing, ground instruction, flight instruction and related activities, (hereinafter collectively called "Windsurfing". 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 Windsurfing 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, while uncommon, I may suffer a broken limb, paralysis or fatal injury while participating in the sport of Windsurfing.


2. I further acknowledge that there are no warranties applicable to the purchase, rental or lease Windsurfing equipment by me and that all warranties whether expressed or implied are excluded. THERE IS NO WARRANTY OF MERCHANTABILITY OR THAT THE SAID WINDSURFING EQUIPMENT IS FIT FOR ANY PURPOSE, and that I am accepting the said Windsurfing equipment as is and I hereby acknowledge that I will personally examine the said equipment prior to my using of the same.


3. I hereby RELEASE AND DISCHARGE Delmarva Board Sport Adventures, LLC and Moore Blue Water LLC and their officers, directors, elected officials, agents, employees, instructors, pilots and owners of equipment and the land used for Paddleboarding, WindSUP, Wing Foiling, Kayaking, Windsurfing activities (hereinafter collectively referred to as ''Released Parties''), from any and all liability, claims, demands or causes of action that I may hereafter have for injuries / damages arising out of my participation in Board Surfing, Paddle boarding, Kayaking, Windsurfing activities, including, but not limited to, losses CAUSED BY THE NEGLIGENCE OF THE RELEASED PARTIES


4. I understand and acknowledge that Windsurfing, Paddleboarding and Kayaking have inherent dangers that no amount of care, caution, instruction or expertise can eliminate and I EXPRESSLY AND VOLUNTARILY ASSUME ALL RISK OF DEATH OR PERSONAL INJURY SUSTAINED WHILE PARTICIPATING IN Windsurfing, Paddleboarding, Kayaking ACTIVITIES WHETHER OR NOT CAUSED BY THE NEGLIGENCE OF THE RELEASE PARTIES.  I declare that I (and my minor children if applicable) are physically fit to participate.


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 Board Surfing, Skim Boarding, Kitesurfing, Kiteboarding, Windsurfing, Paddleboarding, Kayaking activities


6. I also agree to INDEMNIFY AND HOLD THE RELEASED PARTIES HARMLESS from all claims, judgments, and costs, including attorneys' fees, incurred in connection with any action brought as a result of my participation in  Board Surfing, Windsurfing, Wing Foiling, Kayaking, Paddleboarding 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  Board Surfing, Windsurfing, Wing Foiling, Kayaking, Paddleboarding activities


8. I agree that I will operate the said Windsurfing, Paddleboard, Kayak 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 understood 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 of liability by me of all risks arising out of my engaging in  Board Surfing, Windsurfing, Wing Foiling, Kayaking, Paddleboarding 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  Board Surfing, Windsurfing, Wing Foiling, Kayaking, Paddleboarding 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 (adult) legal guardian, I waive and release any and all legal rights that may accrue to me, to my minor child or to the minor child for whom I am (adult) legal guardian, as the result of any injury that my minor child, the minor child for whom I am (adult) legal guardian or I may suffer while engaging in Board Surfing, Windsurfing, Wing Foiling, Kayaking, Paddleboarding activities


12. I hereby expressly recognize that this Release of Liability, Waiver of Legal Rights and Assumption of Risks is a contract pursuant to which I have released any and all claims against the Released Parties resulting from participation in Board Surfing, Skim Boarding, Kitesurfing, Kiteboarding, Windsurfing, and Snow Kiting activities including any claims by the negligence of the Released Parties by any of the undersigned


13. PHOTO RELEASE - I hereby grant to the Delmarva Board Sport Adventure its representatives, and employees the right to take photographs of me and/or my minor child in connection with my/our use of Delmarva Board Sport Adventures facilities and equipment. I hereby authorize Delmarva Board Sport Adventure to copyright, use, and publish the same in print and/or electronically. I hereby agree that Delmarva Board Sport Adventure may use such photographs of me and/or my minor child for any lawful purpose, including but not limited to publicity, illustration, advertising, and Web content.

I HAVE READ THIS RELEASE OF LIABILITY, WAIVER OF LEGAL RIGHTS AND ASSUMPTION OF RISK AND FULLY UNDERSTAND ITS CONTENTS.

I SIGN IT OF MY OWN FREE WILL AND AGREE TO BE BOUND BY IT.

TODAY'S DATE: April 18, 2024


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First Participant's Name

First Name*

Last Name*

Phone*
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*
Parent or Guardian's Email Address

Email*

Confirm Email*
Emergency Contact

First Name*

Last Name*

Emergency Contact's Phone Number*
Associated Party (not necessary for singles)

What is the name of the person who booked your reservation? *
FOR PARTICIPANTS OF MINORITY AGE: This is to certify that I, as Parent, Guardian, Temporary Guardian with legal responsibility for this participant, do consent and agree not only to his/her release of all Releasees, but also to release and indemnify the Releasees from any and all liabilities incident to his/her involvement in these programs for myself, my heirs, assigns, and next of kin.


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*

Phone*
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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