Waiver and Liability Agreement
I have voluntarily enrolled and/or purchased a product in a surf coaching program (the Under Construction Surf Club) offered through the Pagan USA website and or email newsletter. I recognize that this Program may involve strenuous physical activity including, but not limited to, surfing, skating, surf skating, flexibility, mobility, strength, breathe holds, cold-plunging, stretching, body control, and other various fitness and sports activities.
I hereby affirm that I am in good physical condition and do not suffer from any known disability or condition which would prevent or limit my participation in the Program or Fitness Activities. I have been advised that an examination by a physician should be obtained by anyone prior to commencing a fitness and/or exercise program, or initiating a substantial change in the amount of regular physical activity performed. If I have chosen not to obtain a physician’s consent prior to beginning the Program, I hereby acknowledge and agree that I am doing so solely at my own risk. I understand that it is my sole responsibility to participate in exercises that are appropriate for the current status of my health. If I have any questions or concerns about whether or not a particular activity is appropriate to my current health status, I understand it is my responsibility to ask my doctor if this activity is appropriate before I participate in such activity.
The information and contents of this course are for informational and educational purposes only. Nothing found on the Pagan USA website, email newsletter, or the Under Construction Surf Club program is intended to be a substitute for professional or medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition or disorder. Reliance on any information provided by Pagan USA or Matt Pagan or the Under Construction Surf Club is solely at your own risk.
I agree not to hold Pagan USA or Matt Pagan and their directors, officers, employees, agents, contractors, representatives, successors, sponsors and assigns (collectively, the “Releasees”) responsible for the actions or omissions of the other program participants. I have been informed, understand, and am aware that the COACHING/TRAINING, including the use of equipment, are potentially hazardous activities. I also have been informed, understand, and am aware that the COACHING/TRAINING may involve a risk of injury and that I am voluntarily participating in these activities and using equipment with full knowledge, understanding, and appreciation of the dangers involved and freely accept and fully assume all such risks.
RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT
In consideration of the Releasees allowing me to participate in any Pagan USA event, program, coaching, surf trip or Pagan USA sponored or endorsed activity, I hereby agree as follows:
- I agree to abide by the rules of Pagan USA/Under Construction Surf Club, I am responsible for any damage to the equipment which I may cause due to negligence.
- I HEREBY WAIVE AND RELEASE, indemnify, hold harmless and forever discharge Pagan USA/Under Construction Surf Club, and its agents, employees, officers, directors, affiliates, successors and assigns, coaches, teachers and trustees of and from any and all claims, demands, debts, contracts, expenses, cause of action, lawsuits, damages, and liabilities, of every kind of nature, whether known or unknown, in law or equity, that I ever had or may have, arising from or in any way related to my participation in any of the events or activities conducted by, on the premises, of, or for the benefit of, Pagan USA/Under Construction Surf Club, provided that this waive of liability does not apply to any acts of gross negligence, or intentional, willful or wanton misconduct.
- To hold harmless and indemnity the Releasees from any and all liability for any property damage or personal injury to any third party resulting from my participation in the Program, Events, Surf Trips and or Surf Training Activities.
- This Release Agreement shall be effective and binding upon my heirs, next of kin, executors, administrators, assigns and representatives, in the event of my death or incapacity.
- This Release Agreement and any rights, duties and obligations as between the parties to this Release Agreement shall be governed by and interpreted solely in accordance with the laws of the State of California, USA, govern this agreement.
- I understand that the activities, in which I will participate, are inherently dangerous and may cause serious or grievous injuries, including bodily injury, damage to personal property and/or death. On behalf of myself, my heirs, assigns, administrators, executors and next of kin, I waive all claims of damage, injuries and death sustained to me or my property, that I may have against the aforementioned release party to such activities, including claims in tort, contract, equity or otherwise.
- I acknowledge, agree and represent that I understand the nature of Pagan USA/Under Construction Surf Club, I AM IN GOOD HEALTH and in PROPER PHYSICAL CONDITION to participate in such activities. I further agree and warrant that if at any time I believe conditions to be unsafe, I will IMMEDIATELY DISCONTINUE further participation in the activity
- By this Waiver, I assume any risk, and take full responsibility and waive and of personal injury; death, damage, or loss of personal property, associated with Pagan USA/Under Construction Surf Club, including but not limited to using the facility and its equipment in any manner, form or fashion, and participating and/or engaging in any surfing, skating, surf skating, surf training, surf exercises, surf breath hold training, surf event or other related activities on and off the premises.
- This WAIVER AND RELEASE contain the entire agreement between parties, and supersedes any prior written or oral agreements between them concerning the subject matter of this WAIVER AND RELEASE. The provisions of this WAIVER AND RELEASE may be waived, altered, amended or repealed, in whole or in part, only upon the prior written consent of all parties.
- The provision of this WAIVER AND RELEASE will continue in full force and effect even after the termination of the activities conducted by, on the premises of, or for the benefit of Pagan USA/Under Construction Surf Club, whether by agreement, by operation of law, or otherwise.
- I have read, understood and fully agree to the term of this WAIVER AND RELEASE. I understand and confirm that by signing this WAIVER AND RELEASE I have given up considerable future legal rights.