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Assumption of Risk and Release of Liability

I hereby acknowledge that I am voluntarily participating in gatherings, events, and activities organized, hosted, or facilitated by Surfista Co. LLC ("Surfista"), a California based company. These activities may include, but are not limited to, surfing, skateboarding, skiing, snowboarding, hiking, climbing, and traveling ("Activities"). 

I understand and acknowledge that there are inherent risks associated with my participation in this Activity, including, but not limited to, physical and/or psychological injury, pain, suffering, illness, disfigurement, temporary or permanent disability, death, or economic loss. These injuries or outcomes may arise from my own actions, inactions, or negligence, or the actions, inactions, or negligence of others, including Surfista Co. LLC or its employees, agents, contractors, or representatives. Additionally, I recognize that the condition of the Activity location(s) or facility(ies) may present risks.

I understand that the Activities involve inherent risks and dangers that cannot be eliminated, even with proper safety precautions. The Activities may take place in various environments, both natural and man-made, and may involve physical exertion, unpredictable weather conditions, rough terrain, potential exposure to wildlife, and other hazards.

I agree to hold Surfista Co. LLC harmless from any and all claims, loss, or damage to my personal property, liabilities, and costs, including attorney's fees, that may arise as a result of my participation in this Activity, including travel to and from the Activity (including air travel) or any events incidental to this Activity. In the event that Surfista Co. LLC incurs any of these types of expenses due to my participation, I agree to reimburse Surfista Co. LLC promptly.

Furthermore, if I require medical treatment as a result of my participation in this Activity, travel to and from the Activity (including air travel), or any events incidental to this Activity, I agree to be financially responsible for any costs incurred as a result of such treatment. I understand that I am responsible for obtaining adequate medical insurance coverage for the duration of my participation in this Activity.

In consideration of being allowed to participate in the Activities, I, on behalf of myself, my heirs, executors, administrators, and assigns, do hereby assume all risks associated with the Activities, including, but not limited to, the risks of:

  1. Physical Injury: I understand that participating in the Activities may result in bodily injury, including broken bones, sprains, strains, concussions, and other serious injuries.

  2. Environmental Hazards: I acknowledge that the Activities may expose me to risks associated with the natural environment, such as inclement weather, extreme temperatures, water conditions, and rugged terrain.

  3. Equipment and Gear: I am aware that using sporting equipment and gear during the Activities may pose risks of accidents or malfunctions.

  4. Actions of Others: I understand that the Actions of other participants, volunteers, employees, or third parties may cause accidents or injuries during the Activities.

  5. Travel and Transportation: I acknowledge that traveling to and from the Activity locations, whether by vehicle, public transportation, or other means, carries its own set of risks.

  6. Medical Care: I understand that medical facilities and services may not be readily available during the Activities, and I assume all risks related to the delay or unavailability of medical assistance.

  7. Personal Belongings: I assume full responsibility for the safety and security of my personal belongings during the Activities.

  8. Photographic and Video Release: I hereby grant Surfista Co. LLC the right to use photographs and videos taken during the activities for promotional and marketing purposes without any compensation to me.

  9. Covenant Not to Sue: I agree not to sue or make any claims against the Released Parties for any injuries, damages, or losses arising from my participation in Surfista's activities, even if caused by the negligence or other fault of the Released Parties.

  10. Governing Law: This Release of Liability shall be governed by and construed in accordance with the laws of the State of California, without giving effect to its conflict of laws principles.

  11. Severability: If any provision of this Release of Liability is deemed invalid or unenforceable, the remaining provisions shall remain in full force and effect.

I expressly and voluntarily release Surfista Co. LLC, its officers, directors, employees, agents, representatives, contractors, and all other persons acting under its authority from any and all liability, claims, demands, causes of action, suits, and expenses, including attorney's fees and costs, arising out of or related to my participation in the Activities, including, but not limited to, any injury, illness, damage, or loss to person or property.

I agree to indemnify and hold harmless Surfista Co. LLC and its affiliates from and against any and all liabilities or claims made by third parties arising out of my participation in the Activities.

I understand that this Assumption of Risk and Release of Liability is a legally binding contract and that I am waiving certain legal rights by signing it. I acknowledge that I have read and fully understand the terms of this waiver, and I voluntarily agree to its terms. I further certify that I am at least 18 years old or that I am the parent or legal guardian of a minor participant, and I am signing on their behalf. 

 

I have carefully read and understood the terms of this Assumption of Risk and Release of Liability, and I am signing it freely and voluntarily. I acknowledge that by signing this document, I am releasing Surfista Co. LLC from all liability, waiving my right to sue Surfista Co. LLC, and assuming all risks associated with participating in this Activity, including travel to and from the Activity (including air travel) or any events incidental to this Activity.

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