In consideration of being allowed in WIND ADDICTION INC to participate in kite boarding lessons or events for myself and any minor children for whom I am parent, legal guardian, or otherwise responsible and for my heirs, personal representative, or assigns:
1. ACKNOWLEDGEMENT OF RISKS: The following are some, but not all, of the risk of participating in the kite boarding activities. (A) changing winds, wave action, water flow, tides, currents, and ships’ wakes. (B)Collision with any of the following: other participants, the watercraft, other watercraft, and man-made or natural objects. (C) Wind shear, inclement weather, lightning, variances and extremes of wind, weather and temperature. (D) Sense of balance, physical coordination/ability to operate equipment, swim or follow directions. (E) Collisions, capsizing, sinking, or other hazards which results in wetness, injury, exposure to the elements, hypothermia, or drowning. (F) The presence of insects and marine life forms. (G) Equipment failure or operator error. (H) Heat or sun related injuries or illnesses, including sunburn, sunstroke, and dehydration. (I) fatigue, chills and/or dizziness which may diminish reaction time and increase the risks of an accident.
2. EXPRESS ASSUMPTION OF RISK AND RESPONSIBILITY: I agree to assume the responsibility for the risks involved with the activity, whether identified above or not (EVEN THOSE RISKS ARISING OUT OF THE NEGLIGENCE OF THE RELEASEES NAMED BELOW). My/our participation is purely voluntarily. I assume full responsibility for myself and/or any minors for which I am responsible, for any bodily injury, accident, illness, paralysis, death, loss of personal property, damage of equipment, and expense thereof as a result of any accident which may occur while I/we participate in this activity (EVEN IF CAUSED, IN WHOLE OR IN PART, BY THE NEGLIGENCE OF THE RELEASEE NAMED BELOW).
3. RELEASE: I hereby release WIND ADDICTION INC, its principles, directors, officers, agents, employees, and volunteers, their insurers and each and every landowner, municipal and/or governmental agency, upon whose property and activity are conducted (“owner”) and their insurers, if any (collectively named as “releasees”) FROM ANY AND ALL LIABILITY OF ANY NATURE FOR ANY AND ALL INJURY OR DAMAGE (INCLUDING DEATH) TO ME OR TO A MINOR CHILDREN AND OTHER PERSONS as a result of my/our participation in this activity. EVEN IF CAUSED BY THE NEGLIGENCE OF ANY OF THE RELEASEES NAMED ABOVE, OR ANY OTHER PERSON, INCLUDING MYSELF.
4. I also agree to INDEMNIFY AND HOLD THE RELEASED PARTIES HARMLESS from all claims, judgments, and costs, including attorneys’ fees incurred in connection with any action brought as a result of my participation in kite boarding activities. I will take full responsibility for and hold harmless released parties for any injury that I may suffer or inflict upon others or their property as a result of my engaging in kite boarding activities.
5. I further represent that I am at least 21 years of age or that as the parent or legal guardian I wave and release any and all legal rights that may occur to me or to my minor child as a result of any injury that my son or daughter, as minors, may suffer while engaging in kite boarding activities.
6. I agree and accept that this document, and any claim, suit, litigation or legal proceeding related to the same shall be subject to and interpreted exclusively in accordance with laws of the Commonwealth of Puerto Rico, and any such proceeding shall be carried out in the state’s courts of the Commonwealth of Puerto Rico. If any part of this agreement is held void, illegal, or is declared without legal effect by the court of law, the enforceability, legality and applicability of the remaining provisions set forth herein shall not be any wat affected or limited.
I HAVE READ THIS ASSUMPTION AND ACKNOWLEDGMENT OF RISKS AND RELEASE OF LIABILITY AGREEMENT. I UNDERSTAND THAT BY SIGNING THIS DOCUMENT, I AM WAVING VALUABLE LEGAL RIGHTS, INCLUDING ANY AND ALL RIGHTS I MAY HAVE AGAINST THE OWNER, OPERATOR NAMED ABOVE, AND THEIR EMPLOYEES, AGENTS, SERVANTS OR ASSIGNS.