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Acknowledgement

In consideration of receiving permission to participate in activities offered by Pacific Surf School, I agree, and represent that I am qualified, in good health, and in proper physical condition to participate in such activities.

Release from Liability

I, the Participant, on behalf of myself, my heirs, assigns, personal representatives, next of kin, and whomever else may have an interest either common law or by operation of statute, hereby waive, relinquish, discharge and covenant not to sue Pacific Surf School, Blue Sea Lodge, LLC, the City of San Diego and their officers, instructors, officials, agents, and/or employees, other participants, sponsoring agencies sponsors, advertisers, and, if applicable, owners and lessors of premises used to conduct the Pacific Surf School activity ("RELEASEES”), from liability from any and all claims for any and all injury, disability, death, or loss or damage to person or property, whether arising from the negligence of the releasees or otherwise, sustained as a result of, arising from any and all claims, demands, causes of action, liabilities, suits, judgments, costs, and expenses, whether known or unknown, arising out of or in connection with my participation in any activities provided or organized by Blue Sea Lodge, LLC, the City of San Diego or Pacific Surf School.

This Release of Liability extends to any injuries, damages, losses, or accidents that may occur as a result of my participation, including but not limited to those caused by negligence or any other acts or omissions of the Released Parties. I expressly acknowledge that I voluntarily assume all risks associated with the activities and waive any rights or claims I may have against the Released Parties. I understand and agree that this Release of Liability shall be binding upon me and my aforementioned representatives.

Purpose

The purpose of this Risk of Injury Waiver ("Waiver") is to inform the Participant of the potential risks and dangers associated with surfing activities and to release Pacific Surf School ("PSS") from liability for any injuries or damages that may occur during the course of such activities.

Risk Description

By signing this Waiver, the Participant acknowledges that they understand and accept that engaging in surfing activities involves inherent risks, and are potentially dangerous including but not limited to:

• Injury from contact with water, waves, sand, rocks, equipment, other persons, submerged or partially submerged objects, water inhalation, injury from bodily contact, incidental to or inherent in the nature of the activity, slipping and falling or tripping on surfaces, regardless of physical or environmental conditions, entanglement with equipment, injury from warming up, practicing, or training for participation, injury due to supervision or lack of supervision by Pacific Surf School employees or agents, including instructors, or to instructions (or lack thereof) regarding the use of equipment or tools or to the nature of the activity itself, Injury from contact or encounters with animals or plants, negligent or malicious acts of other participants, regardless of whether Pacific Surf School had or should have had knowledge of the likelihood of negligent or malicious acts by such participant, other causes that are incidental to or inherent in the nature of the activity.
• Further risks include, but are not limited to: injury to the head, neck or spine; drowning; injury to muscles, bones, ligaments, tendons and other connective tissues; injury to internal and external organs, loss of or damage to sight, hearing, or teeth; long or short term disability; loss of income, career opportunities or the enjoyment of life; and pain, scarring and/or disfigurement. Dangers also associated with exposure to natural elements included but not limited to tsunami, hurricane, inclement weather, thunder and lightning, severe and/or varied winds, temperature, sea conditions and marine life. Impact or collision with other participants, spectators, employees, pedestrians and motor vehicles.

The Waiver is intended to release, waive, relinquish, discharge and covenant not to sue Pacific Surf School, its agents, officers and employees, Blue Sea Lodge, LLC, its agents, officers, and employees, AND the City of San Diego, its agents, officers and employees harmless and indemnifies them from any claims from any or legal actions arising from any injuries sustained by the Participant while engaging in surfing activities.

Participation and Liability

• You must not participate in any surfing activities if you suffer from a heart condition, injury or illness that may affect your physical ability.
• You must not be under the influence of any alcohol, illegal drugs or any medication that may affect your physical abilities. We have the right to refuse any individual who arrives at our premises under the influence of intoxicating substances and will be denied participation in surf lessons with no refund or compensation.

Waive all Claims

I, the participant on behalf of myself, my heirs, assigns, personal representatives, and next of kin and anyone else who may have interest either at common law or by operation of statue, hereby release, waive, relinquish, discharge, and covenant not to sue Pacific Surf School, Blue Sea Lodge, LLC, the City of San Diego, and their officers, instructors, officials, agents and or employees, other participants, sponsoring agencies, if applicable the owners and lessors of premises used to conduct the Pacific Surf School Activity (“Releases”) agree to release, indemnify, from any and all claims, damages, and expenses, including but not limited to attorney’s fees, arising from my participation in surf lessons or any activities offered by Pacific Surf School and their affiliates from liability for any and all claims of injury, disability, death or loss of damage to the person or property, whether arising from the negligence of the releasees or otherwise, sustained as a result of, arising out of or related to any Pacific Surf School Activity, to the fullest extent permitted by law. I understand that this agreement covers all claims, whether known or unknown, foreseen or unforeseen, that may arise in connection with my participation with Pacific Surf School.

To Indemnify

By signing this agreement, the Participant agrees to indemnify and hold harmless the Pacific Surf School and its employees, agents, representatives, and affiliates from any claims, liabilities, damages, losses, costs, or expenses, including legal fees, arising out of or related to the Participant's participation in surfing activities. This indemnification extends to binding the members of the Participant's family, their spouse, and if the Participant is alive, their heirs and next of kin and assigned and personal representative, if I am deceased, and shall be deemed as a Release, Waiver, Discharge and Covenant Not to sue Releasees, Blue Sea Lodge, LLC, the City of San Diego, and their officers, employees, contractors, agents, or volunteers.. The Participant acknowledges and agrees that this indemnification obligation shall apply regardless of whether the claims or damages arise from the Participant's own actions, the actions of others, or any other cause, including negligence, and shall survive the termination of this agreement. The Participant understands that this indemnification clause is intended to protect Pacific Surf School and its representatives from any liability or costs incurred as a result of the Participant's involvement in surfing, skating, any land or water activities, and the Participant agrees not to bring any legal actions or proceedings against Pacific Surf School, Blue Sea Lodge, LLC, the City of San Diego its representatives, its employees, agents, representatives, and affiliates as outlined in this indemnification clause.

Participant, legal guardian, or parent hereby grants permission to the Releasees its representatives, and employees, sponsors the right to take photographs/videos of Participant in connection with Participant’s participation in the Activities. I understand that there will be no payment for me or my child(ren))’s participation in this release. Participant hereby authorizes the Releasees to copyright, use, and publish the same in print and/or electronically. Participant hereby agrees that the Releasees may use such photographs of Participant for any lawful purpose, including but not limited to publicity, illustration, advertising, and Web content. If participants do not wish to have their images used for promotional purposes. I understand that it is my responsibility to notify in writing to Pacific Surf School if I no longer wish to authorize the above uses.

Assume All Risk

I understand and acknowledge knowing and freely assume all risks that may occur or arise out of any activities offered by Pacific Surf School both known and unknown. I understand that there are certain inherent risks, dangers, and hazards associated with surfing and other water and land based activities, including but not limited to surfing, skateboarding, camps, lessons, after school activities, including but not limited to, disability, death, or loss or damage to person or property whether arising from the negligence of the releasees or otherwise, sustained as a result of, arising out of or related to any Pacific Surf School activity, to the fullest extent permitted by law. By signing this Waiver, the Participant acknowledges and affirms that they understand and accept that engaging in surfing activities involves inherent risks, hazards, and are potentially dangerous risks associated with activities with Pacific Surf School Including but not limited to: Injury from contact with water, waves, sand, rocks, coral, equipment, other persons, submerged or partially submerged objects, water inhalation, injury from bodily contact, incidental to or inherent in the nature of the activity, slipping and falling or tripping on surfaces, regardless of physical or environmental conditions, entanglement with equipment, injury from warming up, practicing, or training for participation, injury due to supervision or lack of supervision by Pacific Surf School employees or agents, including instructors, or to instructions (or lack thereof) regarding the use of equipment or tools or to the nature of the activity itself, Injury from contact or encounters with animals or plants, negligent or malicious acts of other participants, regardless of whether Pacific Surf School had or should have had knowledge of the likelihood of negligent or malicious acts by such participant, other causes that are incidental to or inherent in the nature of the activity. Further risks include, but are not limited to: injury to the head, neck or spine; drowning; injury to muscles, bones, ligaments, tendons and other connective tissues; injury to internal and external organs, loss of or damage to sight, hearing, or teeth; long or short term disability; loss of income, career opportunities or the enjoyment of life; and pain, scarring and/or disfigurement. Dangers also associated with exposure to natural elements included but not limited to tsunami, hurricane, inclement weather, thunder and lightning, severe and/or varied winds, temperature, sea conditions and marine life. Impact or collision with other participants, spectators, employees, pedestrians and motor vehicles. The Waiver is intended to release, waive, relinquish, discharge and covenant not to sue Pacific Surf School, its agents, officers and employees, Blue Sea Lodge, LLC, its agents, officers, and employees, AND the City of San Diego, its agents, officers and employees harmless and indemnifies them from any claims from any or legal actions arising from any injuries sustained by the Participant while engaging in surfing activities. I hereby release, waive, and discharge Pacific Surf School, Blue Sea Lodge, LLC, the City of San Diego and its directors, officers, employees, agents, contractors, and volunteers (collectively referred to as the "Released Parties"), from any and all claims, damages, injuries, or losses arising from my participation in any activities associated with Pacific Surf School,, including but not limited to, any claims arising from the negligence of the Released Parties. I agree to indemnify and hold harmless the Released Parties from any and all claims, damages, injuries, or losses arising from any incident or injury, whether to person or property, which may occur during my participation in any activities associated with Pacific Surf School. I am fully aware that participating in the activity provided by Releases are inherently dangerous and are extremely high risk and have unknown hazards that the Releases cannot fully account for connected with the venue(s), the ocean, land and participation in the activity or activities. I hereby elect to voluntarily participate in the Activity or activities offered by Pacific Surf School, and engage in activities knowing that conditions may be hazardous, or may become hazardous or dangerous to myself and my property at any time and is out of control of the Releasee. I voluntarily assume full responsibility for any risks mentioned above.

Medical Release

I hereby authorize Pacific Surf School and its staff to obtain any emergency medical care or treatment deemed necessary for myself or my child, in the event of any injury or illness that may occur during the course of their participation in Pacific Surf School activities. I understand and acknowledge that there are certain inherent risks, dangers, and hazards associated with participation in camp activities, and I hereby assume all such risks, both known and unknown, on behalf of my child. I further acknowledge that it is my responsibility to inform Pacific Surf School in writing via email at [email protected] of any medical conditions, allergies, or other health-related issues that may affect my child's participation in the camp activities. I understand that Pacific Surf School, Blue Sea Lodge, LLC, and the City of San Diego, or their officers, owners or staff will not be responsible for any medical expenses incurred, but that such expenses will be the responsibility of the participant or parent/guardian (for minors).

Severability

I further agree that this Waiver of Liability, Assumption of Risk, and Indemnity Agreement is intended to be as broad and inclusive as permitted by law, and that if any portion is held invalid the remaining portions will continue to have full legal force and effect. I HAVE READ AND UNDERSTAND THIS AGREEMENT AND I AM AWARE THAT BY SIGNING THIS AGREEMENT I MAY BE WAIVING CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE.

For Participants of Minority Age (Under age 18 at the time of registration)

I for myself, my spouse, and child/ward do consent and agree to his/her release provided acknowledge that surfing and other Pacific Surf School activities may be dangerous and I accept and assume such risks. I consent and agree to the minor participant’s assumption of risk, release from liability and indemnification as provided above of all the Releasees, and on behalf of myself, the minor participant, my heirs, assigns, and next of kin, I release and agree to indemnify and hold harmless the Releasees from any and all liabilities incident to the minor participant’s involvement or participation in an an Pacific Surf School activities as provided above, even if arising from the negligence of the releasees, to the fullest extent permitted by law. I agree to indemnify, defend, save and hold harmless the Releasees from and against any and all claims, demands, liabilities, damages, actions, causes of action, losses, injuries, costs, or expenses, including attorneys’ fees, arising out of or in any manner connected with this agreement including but not limited to matters concerning the authority or lack of authority of the undersigned to execute this agreement.

Policies Requires payment for surf lessons up front.

Cancellation must occur 24 hours+ days before arrival for full refund, less a $25 fee. Requires payment of surf lessons or camps & 16.00% City Surcharge at time of booking via credit card. Cancellation must occur 1+ days before arrival for full refund, less a $25 fee applying to all cancellations and changes. NO SHOW! NO REFUND.