In consideration for the renting, purchasing, leasing of Kitesurfing, Kiteboarding from Myrtle Beach Kiteboarding School and/or the utilizing of the facilities, instruction, premises, and equipment of Myrtle Beach Kiteboarding School in engaging in the sport of Kite Surfing, Kiteboarding, ground instruction, flight instruction and related activities, (hereinafter collectively called “Kitesurfing”, “Kiteboarding”). 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 Kitesurfing, Kiteboarding is an action sport and recreational activity in volving travel in three dimensions and such activity is subject to mishap and even injury to participants. I understand I may suffer a broken limb, paralysis or fatal injury while participating in the sport of Kite Surfing, Kiteboarding.
2. I further acknowledge that there are no warranties applicable to the purchase, rental or lease of Kitesurfing, Kiteboarding, Kayaking equipment by me and that all warranties whether expressed or implied are excluded.
THERE IS NO WARRANTY OF MERCHANTABILITY OR THAT THE SAID KITESURFING, KITEBOARDING EQUIPMENT IS FIT FO R ANY PURPOSE, and that I am accepting the said Kitesurfing, Kiteboarding 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 Leading Edge Kite School the state of New Jersey and St. Croix Virgin Islands, and their officer, directors, elected officials, agents, employees, instructors, pilots and owners of equipment and the land used for Kitesurfing, Kiteboarding 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 Kitesurfing, Kiteboarding activities, including, but not limited to, losses CAUSED BY THE NEGLIGENCE OF THE RELEASED PARTIES.
4. I understand and acknowledge that Kitesurfing, Kiteboarding activities 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 KITESURFING, KITEBOARDING ACTIVITIES WHETHER OR NOT CAUSED BY THE NEGLIGENCE OF THE RELEASE PARTIES.
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 Kitesurfing, Kiteboarding.
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 Kitesurfing, Kiteboarding 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 Kitesurfing, Kiteboarding activities.
8. I agree that I will operate the said Kitesurfing, Kiteboarding 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 Kitesurfing, Kiteboarding 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 Kitesurfing, Kiteboarding 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 ma y suffer while engaging in Kitesurfing, Kiteboarding activities.
12. I hereby expressly recognize that this Release of Liability, Waiver of Legal Rights and As sumption of Risks is a contract pursuant to which I have released any and all claims against the Released Parties resulting from participation in Kitesurfing, Kiteboarding activities including any claims by the negligence of the Released Parties by any of the undersigned.
I HAVE READ THIS RELEASE OF LIABILITY, WAIVER OF LEGAL RIGHTS AND ASSUMPTION OF RISK AND FULLY UNDERSTAND ITS CONTENTS. BY SUBMITTING THIS EMAIL I AGREE TO BE BOUND BY IT.