Waves 4 Women

RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT 

Please complete this Release and Waiver form prior to your participation with Waves 4 Women. The following waiver is required for anyone participating with the Waves 4 Women, and states that participants are responsible for themselves before, during, and after participation. By signing this Waiver, you are releasing Waves 4 Women from liability for any physical injury or damages to personal property that may occur. Please read this Waiver carefully and completely. 

Assumption of Risk

I, the undersigned, hereby acknowledge that I have voluntarily chosen to take part in Waves 4 Women. I hereby further expressly and unequivocally acknowledge my actual and absolute understanding that certain risks are inherent in taking surfing lessons and surfing, and other ocean and beach related activities, and that these risks cannot be eliminated, altered, or controlled; and these risks can be the cause of injury, illness, death, or other damages.  I know and fully understand that surfing is an outdoor activity in an uncontrolled natural environment with inherent risks and hazards where serious accidents and property damage can and do occur, and participants can and do die or sustain injuries.

I do hereby further expressly and unequivocally acknowledge – on behalf of myself– my full knowledge and understanding that surfing and taking surfing lessons necessarily entail participant exposure to numerous inherent and other known and unknown and unknowable risks, including, but not limited to: (1) loss of control of participant’s surfboard or the surfboard of another; (2) falls from the surfboard; (3) collision with other participants, equipment other surfers or surfboards, rocks, and/or other man-made or natural obstacles, whether obvious or concealed; (4) the split-second judgment, decision-making and conduct of the instructors (except for acts of wanton or gross negligence); (5) submersion in water and/or drowning; (6) encounters with animals, marine life and insects; (7) exposure to the outdoor ocean environment, extreme temperatures, sun, and  inclement weather, including travel by foot or vehicle in any way related to this activity; (8) assistance in lifting and/or carrying surfing equipment; (9) rescue-related injuries; and (10) unavailability of immediate and appropriate medical attention in case of injury.  I understand and acknowledge that the above list is not complete or exhaustive, and that other risks, known or unknown, anticipated or unanticipated, may also exist and result in injury, illness, disease, death or damage.  My participation in these activities is purely voluntary and I elect to do so at my own risk.  By signing this RELEASE, WITH ACKNOWLEDGEMENT AND ASSUMPTION OF RISKS, I do hereby knowingly and lawfully assume all such risk and full responsibility for any consequences of such risk.

Release of Liability

For, and in consideration of, the utility, privilege and enjoyment of surfing with the Waves 4 Women I, the undersigned (herein, sometimes referred to as “Releasing Party”), do hereby – on behalf of myself (and also on behalf of all of my heirs, executors, administrators and assigns) – release, acquit and otherwise forever discharge Waves 4 Women and any and all Waves 4 Women volunteers, employees, directors, and instructors, and all of their respective owners, officers, agents, employees, members, or assigns (herein, sometimes referred to collectively as “Released Parties’) of and from any and all past, present or future causes of action, claims, demands, damages, costs, loss of services, expenses, compensations, third-party actions, suits at law or in equity, including claims or suits for contribution or indemnity, of whatever nature, and of and from any and all incidental or consequential damages in any way growing out of any personal injury or death or property damage resulting from my participation in any Waves 4 Women surfing or other related activity. I understand that I will be participating in activities that include surfing, swimming, holding breath, treading water, significant cardiovascular endurance, physical exercise, and that I am fit to perform those acts. I further contend that I understand that any injuries that may occur, and I release Waves 4 Women from any injuries that may occur during the participation of those previously mentioned activities, and other related activities not mentioned. 

Furthermore, to the extent Released Parties ever provide transportation to the beach, I hereby acknowledge and willingly assume, on my own behalf all risks and hazards involved in the activity of riding in a motor vehicle; and I also expressly agree to release and otherwise discharge Released Parties from any act or omission, excluding acts of wanton or gross negligence, in rendering or failing to render any type of rescue, emergency or medical services.  In signing this document, I fully recognize and understand that if I am hurt, die, or my property is damaged, I am giving up my right to make a claim or file a lawsuit against the Released Parties, even if it negligently (or by some other act or omission, excluding acts of wanton or gross negligence) causes the injury or damage.

Indemnify and Hold Harmless

I hereby further agree that I will indemnify and otherwise save and hold Released Parties harmless from and against any and all claims or costs, including attorneys’ fees, of third-parties in any way arising from personal injury, death or property damage to any other participant, spectator or third-party, whether or not resulting from negligence, in the course of my participation in Waves 4 Women activities. 

Medical Treatment

I consent to medical treatment and medical services that may be required if an injury occurs on-sight. I further acknowledge that in the event medical treatment be required, that my agent or responsible party be required to pay for any medical expenses incurred. Waves 4 Women is not responsible for the cost of medical treatment.

Damage to Waves 4 Women Property

I agree to reimburse Waves 4 Women for any damages to property sustained to Waves 4 Women surfboards, or other equipment, during my care.

Successors

I understand and agree that this RELEASE, WITH ACKNOWLEDGEMENT AND ASSUMPTION OF RISKS shall be binding upon myself and all of my heirs, assigns and next of kin and shall extend to the benefit of Released Parties and their successors and assigns.

Personal Responsibility

I do not, to the best of my knowledge, have any physical limitation, medical ailment or mental disability that would prevent me from participating in the abovementioned operations and activities. It is my responsibility to disclose any and all impairments that may impact my ability to perform.

Forum

Any dispute that may arise out of this agreement is governed by the laws of the State of South Carolina. Any litigation pertaining to this Waiver and Release of Liability Agreement shall be held exclusively in Charleston County, South Carolina, with the prevailing party being entitled to collect reasonable attorney’s fees, costs, and expenses from the non-prevailing party. The undersigned voluntarily submits to the exclusive personal jurisdiction of the state and federal courts in Charleston, South Carolina and waives any and all objections to the jurisdiction or proper forum of such courts.

Severability

If any provision of this Waiver and Release of Liability Agreement shall be held unenforceable or void, it shall be severable from the remaining provisions and shall not affect their subsequent enforceability or validity.

Adherence to Policies

I hereby agree to abide by all rules, regulations, and instructions of Waves 4 Women while participating in all Waves 4 Women-related activities. I understand that the Waves 4 Women may choose to refuse service to anyone, and if I am in violation of the policies, I may be asked to cease involvement. I understand and agree that Waves 4 Women reserves the right to accept or deny service to any person, at any time, and for any reason.