I hereby affirm on behalf of myself or on behalf of the minor user I am representing that I thoroughly understand the hazards of kiteboarding, wakeboarding and water sports activities, and the relative training lessons, equipment and use of facilities. I understand and acknowledge that water sports have inherent dangers and equipment failures that no amount of care, caution, instruction, or expertise can totally eliminate. I understand that these hazards include, but are not limited to, drowning, slipping, being dragged or falling in the water or on the beach, being cut by rocks, lines, fins or boards, struck by a boat and/or other dangers of open water, physical or emotional injury, paralysis, death, or damage to myself, to property, or to third parties. By signing this form, I declare that I am fully aware of and expressly assume these and all the risks and responsibilities involved in such activities, whether conducted as an autonomous recreational activity or part of a lesson.
I understand and agree that PDC Kiteboarding / Kiteholic Board Sports and Outdoor, the crew, the employees, the promoting place, officers, teachers, trainees, representatives or appointees of the above listed individuals and/or entities (hereinafter the “Released Parties”) may not be held liable or responsible in any way for the occurrence of activities that may result in personal injury, property damage, wrongful deaths or other damages that may occur to me, my family, heirs or third parties as a result of my participation in kiteboarding, wakeboarding or other water sports activities, or my use of the equipment and facilities of the Released Parties.
My participation in the water sport activity is purely voluntary and I elect to participate in spite of the risks. I agree to hold harmless and/or indemnify and defend the Released Parties from all liability, costs, or expenses resulting from accidents or injury to, or for the death of, any person or property directly or indirectly arising from my participation in water sport activities and lessons, and my use of the equipment and facilities of the Released Parties.
I, for myself, my heirs, personal representatives or assigns, do HEREBY RELEASE, waive, discharge, and covenant not to sue the Released Parties from liability from any and all claims, including negligence, that result in personal injury, accidents or illnesses (including death), and property loss arising from, but not limited to, participation in water sports activities and lessons, and use of the equipment and facilities of the Released Parties.
I also agree to INDEMNIFY AND HOLD the Released Parties HARMLESS from any and all claims, actions, suits, procedures, costs, expenses, damages and liabilities, including attorney’s fees brought as a result of my involvement in water sport activities and use of the equipment and facilities of the Released Parties, and to reimburse them for any such expenses incurred.
The undersigned further expressly agrees that the foregoing waiver and assumption of risks agreement is intended to be as broad and inclusive as is permitted by the law and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
I have read this waiver of liability, assumption of risk, and indemnity agreement, fully understand its terms, and understand that I am giving up substantial rights, including my right to sue. I acknowledge that I am signing the agreement freely and voluntarily, and intend by my signature to be a complete and unconditional release of all liability to the greatest extent allowed by law.
