Release, Waiver & Assumption of Risk Agreement
In consideration of receiving instruction in the activity, the undersigned participant (and the parent or legal guardian of the participant if participant is a minor), for themselves, for their personal representatives, heirs, executors, next of kin, spouses, minor children and assigns, do agree as follows:
A. DEFINITIONS – The following definitions apply to terms used in this Agreement:
1. “ACTIVITY” means the use of the Equipment for the purposes of and associated with the ACTIVITY as described at Item 1 of the Schedule attached hereto.
2. “EQUIPMENT” means the equipment identified in Item 2 of the Schedule.
3. “INJURIES” means personal injury, bodily injury, death, property damage and/or any other personal or financial injury sustained as a result of PARTICIPATION IN THE SPORT. If you are under 18 years of age, the term “INJURIES” means personal injury, bodily injury, property damage and/or any other personal or financial injury sustained by you as well as personal injury, bodily injury, death, property damage and/or any other personal or financial injury sustained by your parents or legal guardians, as a result of your PARTICIPATION IN THE SPORT.
4. “INSTRUCTOR/GUIDE” means the instructor, guide identified at Item 3 of the Schedule.
5. “PARTICIPATION IN THE SPORT” includes engaging in the ACTIVITY, and includes all activities involving the setup, use and breakdown of the EQUIPMENT, and further includes the giving or receiving of assistance or instruction in the ACTIVITY.
6. “RELEASED PARTIES” means the following, including their owners, officers, directors, agents, spouses, employees, officials (elected or otherwise), members representatives, examiners, trainers, certified instructors, certified schools, independent contractors, sub-contractors, lessors and lessees:
(a) The INSTRUCTOR/GUIDE;
(b) Each of the person(s) sponsoring and/or participating in the administration of the INSTRUCTOR/GUIDE;
(c) Each of the organisations that are affiliated in any way with the INSTRUCTOR, such as schools, clubs, non-profits, etc….;
(d) Each of the property owners on or over whose property the participant may PARTICIPATE IN THE SPORT;
(e) All persons involved, in any manner, in the ACTIVITY at the site(s) where participant PARTICIPATES IN THE SPORT. “All persons involved” includes, but is not limited to, spectators, other participants, vessel operators, assistants, drivers, schools, instructors, observers, trainers, examiners and the owners of any involved equipment; and
(f) All other persons lawfully present at the site(s) during my PARTICIPATION IN THE SPORT.
7. “RISKS” means either known or unknown risks associated with PARTICIPATION IN THE SPORT and the ACTIVITY and includes the RISKS detailed in Item 4 of the Schedule.
B. I FOREVER RELEASE AND DISCHARGE THE RELEASED PARTIES FROM ALL LIABILITIES, CLAIMS, DEMANDS, CONSEQUENTIAL LOSSES OR CAUSES OF ACTION THAT I MAY HEREAFTER HAVE FOR INJURIES, HOWEVER CAUSED, EVEN IF CAUSED IN WHOLE OR PART BY THE ACTION, INACTION OR NEGLECT (WHETHER ACTIVE OR PASSIVE) OF ANY OF THE RELEASED PARTIES, TO THE FULLEST EXTENT ALLOWED BY LAW.
C. I WILL NOT SUE OR MAKE A CLAIM against any of the RELEASED PARTIES for loss or damage on account of INJURIES. If I breach this Agreement by filing a suit or making a claim, I shall indemnify the RELEASED PARTIES against all claims or any cause of action including negligence, wilful, reckless or careless use of or neglect of using the hired equipment and/or otherwise participating in the Activity whether such claim or cause of action is brought by me or any other person claiming through or under me.
D. I AGREE THAT this Agreement shall be governed by and construed in accordance with the laws of the State of Ceara, Brasil. All disputes and matters whatsoever concerning INJURIES or arising under, in connection with or incidental to this Agreement shall be litigated within the exclusive jurisdiction of a Court located in Ceara, Brasil to the exclusion of the Courts of any other State of Brasil.
E. SEVERABILITY. If any part, article, paragraph, sentence or clause of this Agreement is not enforceable, the affected provision shall be read down and limited only to the extent necessary to bring it within the requirements of the law, and the remainder of the Agreement shall continue in full force and effect.
F. CONSTRUCTION. This Agreement shall apply to any and all INJURIES occurring at any time after the execution of the Agreement. This Agreement is in addition to and is not intended to replace any other agreements related to liability for INJURIES that I (or my parents or legal guardians) may have signed, either in the past or in the future. To the extent that there is any conflict between such agreements, I (or my parents or legal guardians) intend to be subject to the agreement that provides the most expansive release of claims and assumption of risk allowed by law.
G. I REPRESENT THAT I am at least 18 years of age, or, that I am the parent or legal guardian of the participant and that I am making this Agreement on behalf of myself and/or the participant. If I am the parent or legal guardian of the participant, I AGREE TO INDEMNIFY AND REIMBURSE the RELEASED PARTIES including full costs on an indemnity basis and including indemnity from any claim or liability in the event that the participant suffers INJURIES as a result of PARTICIPATION IN THE SPORT, even if caused in whole or in part by the action, inaction or negligence (whether active or passive) of any of the RELEASED PARTIES, to the fullest extent allowed by law.
H. I VOLUNTARILY ASSUME ALL RISKS, KNOWN AND UNKNOWN, OF INJURIES, HOWEVER CAUSED, EVEN IF CAUSED IN WHOLE OR IN PART BY THE ACTION, INACTION, OR NEGLIGENCE (WHETHER PASSIVE OR ACTIVE) OF THE RELEASED PARTIES, TO THE FULLEST EXTENT ALLOWED BY LAW. I HAVE READ THIS AGREEMENT; I FULLY UNDERSTAND THE POTENTIAL DANGERS OF ENGAGING IN THE ACTIVITY AND THAT ACTION, INACTION OR NEGLIGENCE OF OTHERS CAN INCREASE THOSE DANGERS; I FURTHER UNDERSTAND AND AGREE THAT THIS DOCUMENT IS LEGALLY BINDING AND WILL PREVENT ME FROM RECOVERING MONETARY DAMAGES FROM THE RELEASED PARTIES, THE INSTRUCTOR AND/OR INDIVIDUALS, WHETHER SPECIFICALLY NAMED OR NOT, FOR PERSONAL INJURY, BODILY INJURY, PROPERTY DAMAGE, WRONGFUL DEATH, OR ANY OTHER PERSONAL OR FINANCIAL INJURY SUSTAINED IN CONNECTION WITH EITHER MY OR THE PARTICIPANT’S PARTICIPATION IN THE SPORT.
WARNING: BY SIGNING, YOU ARE WAIVING SIGNIFICANT LEGAL RIGHTS. DO NOT SIGN WITHOUT READING
Item 1: Activity
Power Kiting is the use of a large kite for the purpose of having the kite provide significant pull or having the kite propel the participant, whether it be on land, sea or air, and whether or not it be in conjunction with a vehicle, board or other device. Stand Up Paddle boarding, Freeboarding, Kiteboarding, Kitesurfing, Surfing, Kiting, Downwinding.
Item 2: Equipment
Stand up paddle board (sup) & paddle, Freebord, Kitesurfing Equipment including twin tips board, directional surfboard, foil kites, and inflatable kites, bar & lines, pumps.
Item 3: Instructor/Guide
Instructors, Guide, Drivers or employees employed by lov2kitebrasil/DProducao (Cedric Schmidt)
Item 4: Risks
Some of the risks may include but are not limited to:
• Being lifted by the kite and then dropped or even slammed onto the ground;
• Severs cuts (lacerations) due to contact with kite lines under tension, or boat propeller, rocks, shells, trees, etc.
• Unpredictable contact with sea life: sting rays, sharks, sea-turtles, Jelly fish, crocodiles, Boats etc.
• Unknown underwater conditions / objects: sharp shells, broken glass, oyster beds, rocks, concrete, etc;
• Changes in weather conditions: increasing wind, lightning, water spouts, updrafts, etc.