Sandbar Surf School

BY INDICATING YOUR ACCEPTANCE, YOU UNDERSTAND, AGREE, WARRANT AND COVENANT AS FOLLOWS: I acknowledge that the above activity carries with it the potential for serious injury, disability, death, property damage, and property loss. I hereby assume all the risks of participating in the above activity, regardless of their cause. I execute this Waiver & Liability Release on behalf of myself and my heirs, next of kin, executors, administrators, assigns, and representatives. In consideration of my participation in the above activity, I hereby release Sandbar Surf Company and its owners, officers, directors, agents, employees, and representatives from any and all liability for any loss, damage, injury, or expense that I may suffer, or that my next of kin may suffer, as a result of my participation in the above activity, due to any cause whatsoever, including negligence or carelessness. I indemnify and hold harmless Sandbar Surf Company from any and all liability, loss, demand, claim or action at law or in equity that may hereafter be made or brought by any individuals or entities as a result of any of my actions relating to my participation in the above activity. I understand that Sandbar Surf Company assumes no liability for personal injuries, including death, or property damages to myself or third parties arising out of my participation in the above activity. I understand that no medical insurance is provided. I consent to receive medical treatment that may be deemed advisable as a result of any injuries I receive during this activity and agree that I am solely responsible for all costs, including diagnosis, treatment, and medical transportation. I hereby grant permission to Sandbar Surf Company to use my name, likeness, and any pictures and/or video of me, taken during the above activity, in any ads, catalogs, brochures, website, or other publicity and promotion uses. I understand that I will not receive compensation for the use of my name, pictures, or video or have any rights to exercise control over how they may be used. IF THE PARTICIPANT IS A MINOR CHILD UNDER THE AGE OF 18: As the Parent/Guardian of the above minor child and in return for allowing my child to participate in the above activity, I agree that the above Waiver & Liability Release shall apply to myself, my child, and any of our heirs, executors, administrators, next of kin, assigns, and representatives. I further understand and agree that ESB Surf School: a) is doing nothing more coordinating the above activity; b) will NOT be exercising any control over what others may participate or be present; c) will NOT be controlling the natural hazards involved by the activity; and d) will NOT be providing any security or supervision for any other activities, or whereabouts, of the minor at any time during the activity. I hereby certify that I am the parent or legal guardian of the participant and that I am acting in that capacity. In the event that my child is injured while participating in the above activity, I authorize any representative of Sandbar Surf Company to authorize any medical treatment that my child may require and I agree to be responsible for all emergency and medical expenses. I acknowledge that I have carefully read this Waiver & Liability Release. I understand the terms and conditions and agree to be bound by it. I am aware that by signing this agreement I may waive certain legal rights, including the right to sue Sandbar Surf Company. BY INDICATING YOUR ACCEPTANCE OF THIS AGREEEMENT AND WAIVER, YOU ARE AFFIRMING THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT AND WAIVER AND FULLY UNDERSTAND ITS TERMS. YOU UNDERSTAND THAT YOU ARE GIVING UP SUBSTANTIAL RIGHTS, INCLUDING THE RIGHT TO SUE. YOU ACKNOWLEDGE THAT YOU ARE SIGNING THE AGREEMENT AND WAIVER FREELY AND VOLUNTARILY, AND INTEND BY YOUR ACCEPTANCE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW. - September 1, 2011