KITEBOARDING / KITESURFING RELEASE OF LIABILITY, WAIVER OF LEGAL RIGHTS AND ASSUMPTION OF RISK
In consideration for the renting, purchasing or leasing of kitesurfing equipment from Gray Kite Bermuda and/or utilising the facilities, ground school kitesurfing instruction premises and equipment of Gray Kite Bermuda in engaging in the sport of kitesurfing ground instruction water instruction, flight instruction and related activities (hereinafter collectively called “Kiteboarding”). I hereby understand and agree to this Release of Liability, Waiver of Legal Rights and Assumption of Risk and to the terms here of as follows:
- I acknowledge that Kiteboarding is an action sport and recreational activity involving 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 Kiteboarding. (Initial here_________)
- I further acknowledge that there are no warranties applicable to the purchase, rental or lease of Kiteboarding equipment by me and that all warranties whether expressed or implied are excluded. THERE IS NO WARRANTY OF MERCHANTABILITY OR THAT THE SAID KITEBOARDING EQUIPMENT IS FIT FOR ANY PURPOSE, and that I am accepting the said Kiteboarding equipment as is and I hereby acknowledge that I will personally examine the said equipment prior to my using of the same. (Initial here_________)
- I hereby RELEASE AND DISCHARGE Gray Kite Bermuda and his employees, instructors and owners of equipment and the land used for 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 and/or damages arising out of my participation in Kiteboarding activities, including, but not limited to, losses CAUSED BY THE NEGLIGENCE OF THE RELEASED PARTIES. (Initial here_________)
- I understand and acknowledge that 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 KITEBOARDING ACTIVITIES WHETHER OR NOT CAUSED BY THE NEGLIGENCE OF THE RELEASE PARTIES. (Initial here________)
- I further agree that I WILL NOT SUE OR MAKE A CLAIM against the Released Parties for any injury, damages or other losses sustained as a result of my participation in Kiteboarding activities. (Initial here_________)
- 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 Kiteboarding activities. (Initial here__________)
- I will take full responsibility for, and hold harmless Released Parties for any injury or damage that I may suffer or inflict upon others or their property as a result of my participation in Kiteboarding activities and engaging in Kiteboarding activities. (Initial here__________)
- I agree that I will operate the said Kiteboarding equipment in a reasonable and safe manner so as not to endanger the lives of persons or property of any individual. (Initial here_________)
- 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 Kiteboarding activities. (Initial here__________)
- 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 Kiteboarding activities which are in any way connected to or with the Released Parties. (Initial here__________)
- 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 may suffer while engaging in Kiteboarding activities. (Initial here_________)
- I hereby expressly recognize that this Release of Liability, Waiver of Legal Rights and Assumption of Risks is a contract pursuant to which I have released any and all claims against the Released Parties resulting from participation in Kiteboarding activities including any claims by the negligence of the Released Parties by any of the undersigned. (Initial here______)
I HAVE READ THIS RELEASE OF LIABILITY, WAIVER OF LEGAL RIGHTS AND ASSUMPTION OF RISK AND FULLY UNDERSTAND ITS CONTENTS.
I SIGN IT OF MY OWN FREE WILL AND AGREE TO BE BOUND BY IT.