Shared Adventures–Day on the Beach, July 15, 2023
Agreement for Assumption of Risks and Release of Liability. ASSUMPTION OF RISK: I AM AWARE THAT SUCH BEACH AND WATERSPORT-RELATED ACTIVITIES MAY CONSTITUTE HAZARDOUS ACTIVITIES. I ACKNOWLEDGE THAT THIS IS A LEGAL DOCUMENT. BY SIGNING IT I AM WAIVING IMPORTANT LEGAL RIGHTS WHICH I MIGHT OTHERWISE BE ENTITLED TO UNDER THE LAW. I AM VOLUNTARILY
PARTICIPATING IN THESE ACTIVITEIS WITH FULL KNOWLEDGE OF THE DANGERS AND RISKS INVOLVED. Such risks may include, but are not limited to: (i) injury or death due to collision with other watercraft or obstacles on the ground or in the water or in the air; a watercraft accident; immersion in water or hypothermia; falling while on the ground or while aboard watercraft; incidents involving watercraft or other hazards while waiting for, boarding, or exiting the watercraft; incidents involving watercraft or other hazards while walking or moving in the beach area; fire, flame, or smoke; temperature extremes or inclement weather; altitude; delay of prompt medical attention; mental stress or stress-related illness; and (ii) loss or damage to or destruction of personal property. I understand that the watercraft can not be guaranteed to function perfectly and may be subject to mechanical malfunctions as well as operator error. I understand equipment malfunction and/or failure to function, including those which may result from som defect in design, assembly and /or manufacture as well as those risks arising from improper and/or negligent operation and/or use of the equipment.
2. RELEASE AND WAIVER OF ALL CLAIMS. In consideration of, and as party payment for, the right to participate in Activities arranged for and/or performed by Shared Adventures and any/all of these entries: its employees, shareholders, agents, contractors, sub- contractors, directors, lessors, officers, affiliated or related entities or persons, (hereinafter collectively referred to as “Released Parties”), I hereby agree that I, my personal representatives, assignees, heirs, distributees, executors, guardians, legal representatives, and next of kin (hereinafter referred to as “Participating Parties”) will not make claim against, sue, or attach property of: A) Shared Adventures or their respective representatives, assignees, heirs, distributees, executors, guardians, legal representatives, and next of kin; B) The City of Santa Cruz and its employees, shareholders, agents, contractors, sub-contractors, directors, lessors, officers, affiliated or related entities or persons C) Owners, suppliers and operators of the watercraft and its componenets, or their respective representatives, assignees, heirs, distrubutees, executors, guardians, legal representatives, And next of kin; or D) Owners, lessees and operators of any beach, harbor, wharf, or other launch point from and/or which such Activities are conducted (all persons identified in subparagraphs (A), (B), (C), and (D) and hereinafter individually and collectively referred to as “Released Parties) for injury, death, damage, and any other liability of any nature resulting from negligence or other acts of such Released Parties. I hereby assume full responsibility for any risk of bodily injury, death or property damage arising out of Activities whether caused by the negligence of any Released Parties or otherwise, and I hereby release and hold harmless Released Parities from all actions, claims, or demands that I or Participating Parties now have, or hereinafter may have as a result or in connection with participation in said Activities.
3. COVENANT NOT TO SUE. I and the Participating Parties agree never to institute or assist in the prosecution of any claim, suit, or action at law or otherwise against any of Released Parties by reason of injury to my person or property, or my death, arising from the Activities, regardless of causes. Should any suit or action at law or otherwise be instituted in violation of this Release against any of the Released Parities. I agree that such Released Parties shall be entitled to recover, in addition to any other damages which may be incurred, reasonable attorneys’ fees and costs incurred in defense of such suit or action, including any appeals therefrom.
4. INDEMNITY AGAINST CLAIMS. I will indemnify, defend, save and hold harmless the Released Parties from any and all losses, claims, actions or proceedings of every kind and character, including attorney’s fees and expenses, which may be presented or initiation by any persons and/or organizations and which arise directly or indirectly from my participation in the Activities, whether resulting from the negligence and/or other fault, either active or passive, of any of the Released Parities, or from any other cause.
5. VALIDITY OF WAIVER. I understand that if I institute or anyone on my behalf institutes, any suit or action at law or any claim for damages or cause of action against any of the Released Parties because of injury to my person or property, or my death, due to the Activities, this Release can and will be used in court, and that such agreements have been upheld in courts in similar circumstances. I understand and agree that this document shall be broadly construed in favor of any and all of the released parties and against me and that any and all ambiguities shall be resolved in favor of any an dall of the Released Parties.
The Day on the Beach participant named below wishes to participate in the Shared Adventures Day on the Beach, which may include high risk activities. I certify that I am the child’s legal guardian, and I give him/her permission to participate in this program. I also agree to voluntarily release, waive and relinquish and all claims I or my child may have against Shared Adventures and all participants and volunteers, staff, and sponsors for any and all claims which may result from participation in any part of this program. I further agree to hold harmless the aforementioned individuals and entities for any and all claims which may result from participation in any part of this program. By participating in the Day on the Beach program, I also consent and authorize Shared Adventures, their successors, legal representative and assignees to use and reproduce my name and photographs(s) and/or my child’s name, and photograph(s) and circulate the same for any and all purposes including public information of every description. Receipt of full consideration of each participant is hereby acknowledged and no further claim of whatsoever nature will be made by me. No representations have been made by me. By submitting this application, I certify that I am 18 years of age or older am legally qualified to sign this document, and that all information presented is accurate. I also agree to all terms and conditions set forth by Shared Adventures, and their successors, legal representative and assignees.