ACCIDENT WAIVER & RELEASE OF LIABILITY FORM (PARTICIPANT)
In consideration for participating in any way with Surfers Healing programs, related events, activities, I and/or the minor participant for who I am the parent and/or guardian, on behalf of myself and/or minor participants, heirs, assignees, personal representatives or next of kin, have read and understood this Waiver and Release and hereby acknowledge and provide my legal consent to the following:
I, Acknowledge and fully understand that I and/or the minor participant, will be engaging in surfing, swimming, and body boarding activities and that these activities carry with them the inherent risk of serious injury, including permanent disability and death, from which severe economic loss may result not only from my own actions and/or interactions with Surfers Healing volunteers and/or others, the condition of the premises or any equipment that may be used. Because participating in activities such as surfing, swimming and body boarding carries associated risks due to unpredictable conditions in an ever changing and potentially dangerous environment, I hereby waive any claims of liability against Surfers Healing, its affiliates, their representative administrators, directors, agents, or other employees of the organization, other participants, volunteers, sponsoring agencies, sponsors, advertisers, their heirs and if applicable, their owners and lessors of premises used to conduct the event, all of which are hereinafter referred to as “Releasees,” for risks or events foreseeable, unknown or otherwise unforeseeable to me at this time.
I AND/OR THE MINOR PARTICIPANT ARE VOLUNTARILY PARTICIPATING IN THE SURFING, SWIMMING, AND BODY BOARDING ACTIVITIES AND ASSUME ALL THE FOREGOING RISKS AND ACCEPT PERSONAL RESPONSIBILITY FOR THE DAMAGES FOLLOWING SUCH SERIOUS INJURY, PERMANENT DISABILITY OR DEATH.
Having read and understood this Waiver and Release, and knowing the above facts, I and/or the minor participant, for ourselves and anyone entitled to act on behalf of ourselves, release, waive, discharge and covenant not to sue Surfers Healing and the other Releasees, from present and future demands, claims, losses or damages of any kind, known or unknown, including injury, death or damage to property, even if caused or alleged to be caused in whole or in part by the negligence or fault of the Releasees or otherwise.
I understand that Surfers Healing and/or the other Releasees want to take photographs of me and use and reuse these photographs as Surfers Healing deems appropriate. Accordingly, I hereby grant to Surfers Healing the unrestricted right to copyright in the name of the Surfers Healing these photographs and use and reuse them, in whole or in part, in any manner, for any purpose and in any medium now known or hereinafter invented. This right includes, but is not limited to, the right to publish, copy, distribute, alter and publicly display these photographs for editorial, trade or advertising purposes. I understand that I will not receive any money for any use described above and I hereby waive any financial claim or rights pursuant to any such use. I further waive any right to inspect or approve of the exact nature and use of the photographs, provided the photographs are used for the purposes described above. I release and discharge Surfers Healing from any and all claims and demands arising out of or in connection with any use of the photographs described above, including any and all claims for libel, defamation and invasion of privacy and/or publicity, and from any and all claims and demands arising by virtue of any blurring, distortion, alteration, optical illusion or digital enhancement, whether intentional or otherwise, that may occur or be produced in the publication of the photographs. I realize I cannot withdraw my consent after I sign this form, and I realize this form is binding on me and my heirs, legal representatives and assigns.
FOR PARTICIPANTS UNDER THE AGE OF 18 OR OTHERWISE REQUIRING THE CONSENT OF A PARENT/GUARDIAN
This is to certify that I, as parent/guardian with legal responsibility for this participant, have read and understood the above Waiver and Release and do consent and agree to his/her release as provided above of the Releasees, and, for myself, my heirs, assignees, personal representatives and next of kin, I release and agree to indemnify and hold harmless the Releasees from any and all liabilities incident to my minor child’s involvement or participation in these programs as provided above, EVEN IF ARISING FROM RELEASEES NEGLIGENCE OR FAULT..