WAIVER AND RELEASE OF LIABILITY AGREEMENT
Acknowledgment and Assumption of Risk
I understand and acknowledge that surfing and related water activities are inherently dangerous and involve significant risks, including but not limited to: drowning, spinal or head injuries, broken bones, lacerations from reefs/rocks/ocean debris, encounters with marine life (e.g., sharks, jellyfish), rip currents, changing weather/ocean conditions, equipment failure, collisions with other participants or objects, and death. These risks are increased by my physical condition, fitness level, swimming ability, or failure to follow instructions.
I voluntarily assume all known and unknown risks, even those arising from the negligence (but not gross negligence or intentional misconduct) of Surf & Solace or others. I agree that my participation is entirely at my own risk, and I am responsible for assessing my own fitness and ability to participate safely.
Release of Liability, Indemnification, and Hold Harmless
In consideration of being permitted to participate in the Activity, I, on behalf of myself, my heirs, executors, administrators, assigns, and next of kin, hereby:
• Release, waive, discharge, and covenant not to sue Surf & Solace from any and all liability, claims, demands, actions, or causes of action whatsoever arising out of or related to any loss, damage, expense, injury (including death), or property damage that may be sustained by me or my property while participating in the Activity, including those caused by negligence (but not gross negligence or willful misconduct) of Surf & Solace.
• Agree to indemnify, defend, and hold harmless Surf & Solace from any claims, losses, liabilities, damages, costs (including reasonable attorneys’ fees), or expenses brought by me, my heirs, or any third party arising from my participation in the Activity.
This release applies to all claims, even if caused in whole or in part by the negligence of Surf & Solace.
Medical Treatment Authorization (Without Presence of Doctor)
I authorize Surf & Solace, its instructors, or agents to administer first aid or seek emergency medical treatment (including transportation to a hospital) on my behalf (or the minor’s behalf) if I am injured during the Activity. I agree to be responsible for all costs associated with such treatment. I acknowledge that no medical doctor or trained medical personnel may be present, and I waive any claim related to the rendering or failure to render medical care.
Damage to Surf & Solace Property (Intentionally or Otherwise)
I agree to treat all Surf & Solace equipment, property, and facilities with care. In the event of intentional damage or misuse of Surf & Solace property (e.g., surfboards, paddles, wetsuits, vehicles, or facilities), I agree to pay for the full cost of repair or replacement. For accidental damage, I agree to notify Surf & Solace immediately and may be responsible for reasonable repair/replacement costs as determined by Surf & Solace.
Photography/Video Media Release
I grant Surf & Solace irrevocable permission to photograph, video record, or otherwise capture my image, likeness, voice, or statements during the Activity. I authorize Surf & Solace to use, reproduce, publish, display, or distribute such media (including on websites, social media, promotional materials, or advertising) for any lawful purpose without compensation to me. I waive any right to inspect/approve the finished product or any claim to royalties or privacy related to such use.
Successors and Binding Effect
This Agreement shall be binding upon my heirs, executors, administrators, successors, and assigns. It shall inure to the benefit of Surf & Solace and its successors and assigns.
Personal Responsibility
I certify that I am physically fit and have no medical conditions that would prevent safe participation. I am responsible for my own safety and will follow all rules, instructions, and warnings provided by Surf & Solace. I understand that Surf & Solace may refuse participation if I appear unfit or impaired.
Governing Law and Severability
This Agreement shall be governed by the laws of the State of Florida. If any provision is held invalid, the remainder shall remain in full force.
Electronic Signature Consent
By typing my name below and checking/submitting this form, I consent to the use of my electronic signature in lieu of a handwritten signature. I agree this has the same legal effect as a manual signature. I understand I may request a paper copy.
I HAVE READ THIS AGREEMENT CAREFULLY, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I AM GIVING UP SUBSTANTIAL LEGAL RIGHTS (INCLUDING THE RIGHT TO SUE FOR NEGLIGENCE), AND SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.