WAIVER & RELEASE OF LIABILITY FOR SURF HIRE NEWQUAY EQUIPMENT RENTAL. THIS IS A LEGAL DOCUMENT. MY E-SIGNATURE IS MY ACKNOWLEDGEMENT OF THE CONTENTS OF THIS CONTRACT. I WILL NOT SIGN THIS DOCUMENT UNLESS I FULLY UNDERSTAND AND AGREE TO BE BOUND BY ITS CONTENTS.
I, being an adult (or a minor below 16 years old, on whose behalf a parent or legal guardian is signing this document) (hereafter “I” or “me”), acknowledge that:
(1) I know how to swim and I am in good health. My swimming skills are above those of a novice and I can maintain my head above water when my feet do not make contact with the bottom for extended periods of time. Likewise, I am in good physical and mental health, I am not under the influence of any drugs, alcohol, or any substances which may impair my swimming skills or my ability to take and follow instructions. I am not pregnant nor am I suffering from any spinal or skeletal defect, hearing, vision or balance impairment or other physical impairment. I understand that the foregoing representations as to my physical condition are being relied upon by the SURF HIRE NEWQUAY. I hereby agree to follow all rules, regulations, and instructions of the SURF HIRE NEWQUAY while renting or using their equipment.
(2) Surfing may be dangerous and I accept and assume such risk: I am aware that open water activities in general, and surfing specifically, involves inherent risks. I may damage my belongings, get hurt, get injured, drown or even die. I further acknowledge that I have voluntarily chosen to rent equipment from SURF HIRE NEWQUAY. I willingly and voluntarily assume all risks and hazards in surfing and beach-related activities until the conclusion of the equipment rental period including, but not limited to those involving,
(2.1) loss of control of surfboard, malfunction of the surfboard, falls from the surfboard, collision with other participants, equipment, other surfboards, and any other man-made or natural obstacles; (2.2) submersion in water, drowning; (2.3) encounters with animals, marine life, plant life, rocks and insects; (2.4) exposure to outdoor ocean environment; (5) assistant in lifting and/ or carrying surfing equipment. I understand and acknowledge that the above list is not meant to be complete or exhaustive and that other unforeseen and unanticipated risks, known or unknown, may also exist and result in damage, injury, illness, disease or death.
(3) My right to claim liability against SURF HIRE NEWQUAY has been waived: In consideration for SURF HIRE NEWQUAY agreeing to provide me with equipment rental I agree that I shall not make a claim, or bring any action against, sue, or hold responsible, SURF HIRE NEWQUAY, its owners, employees, associates, or expect, require, or pursue them, to be held accountable for any damages. (4) I have read this document in its entirety and it is my intention that it be broadly construed in favour of the SURF HIRE NEWQUAY in the event of any ambiguities, which shall be resolved in the SURF HIRE NEWQUAY’s favour. I understand that I am assuming all the risks inherent in this surfing activity, and that I may be injured, become ill, or even die as a result of surfing. I understand that this is a release of any and all claims. I understand that this is the entire agreement between me and the SURF HIRE NEWQUAY, and that no representations have been made to me by SURF HIRE NEWQUAY outside of this agreement. I voluntarily sign my name as evidence of my acceptance of all the provisions in this release and my agreement to be bound by them. I have read, understood, acknowledged and agreed to the above declaration including the warning, release and indemnity.