LIABILITY WAIVER AND RELEASE AGREEMENT - IMPACT SURF ACADEMY
Effective Date: 01/01/2025

This Liability Waiver and Release Agreement ("Agreement") is entered into by and between Impact Surf Academy, its owners, operators, instructors, agents, employees, contractors, volunteers, and all other persons or entities acting in any capacity on behalf of Impact Surf Academy (collec atively referred to as the "Released Parties"), and the undersigned participant ("Participant"). By signing this Agreement, Participant acknowledges, understands, and agrees to the following terms and conditions:

1. ACKNOWLEDGEMENT OF RISK

I, the undersigned, acknowledge that surfing and related training activities (collectively, "Surfing Activities") are inherently dangerous and involve significant risks of injury, including but not limited to, physical injury, death, or property damage. These risks may arise from conditions such as, but not limited to, strong waves, underwater rocks, currents, surfboard collisions, falls, lack of proper experience or skill, and environmental factors such as weather and water conditions. I voluntarily assume all risks associated with these Surfing Activities and training.

2. ASSUMPTION OF RISK

I understand that Surfing is an extreme sport and Training Activities for surfing involve inherent risks, and I voluntarily accept and assume full responsibility for all risks, dangers, and hazards associated with participation during Surfing Activities, regardless of whether such risks are caused by the negligence of the Released Parties or otherwise.

3. RELEASE OF LIABILITY

In consideration of being allowed to participate in Surfing Activities and Surfing Training Activities, I hereby waive, release, and discharge the Released Parties from any and all claims, demands, actions, causes of action, or liabilities of any kind, whether arising in law or equity, including but not limited to personal injury, death, property damage, or any other loss that may result from my participation in Surfing Activities and Surfing Training Activities, even if caused by the negligence of the Released Parties.

This release applies to all claims, whether known or unknown, and extends to all possible claims, including claims based on negligence, breach of contract, strict liability, or any other legal theory.

4. INDEMNIFICATION

I agree to indemnify, defend, and hold harmless the Released Parties from any and all claims, damages, losses, liabilities, and expenses (including attorneys' fees) arising from my participation in Surfing Activities and Surfing Training Activities or my breach of any term or condition of this Agreement.

5. MEDICAL TREATMENT

I authorize the Released Parties to obtain medical treatment for me in the event of injury or emergency, and I agree to be solely responsible for any and all medical costs incurred as a result of such treatment. I also confirm that I have disclosed any pre-existing medical conditions or injuries that may affect my ability to safely participate in Surfing Activities and Surfing Training Activities.

6. NO WARRANTIES

I understand that the Released Parties make no warranties or representations regarding the safety or suitability of the Surfing Activities or Surfing Training Activities. The Released Parties do not guarantee that the facilities or equipment will be free from defects or that the Surfing Activities and Surfing Training Activities will be without risk.

7. INSURANCE

I acknowledge that the Released Parties may not provide insurance coverage for injuries, accidents, or damage to personal property that may occur during Surfing Activities or Surfing Training Activities. I am responsible for obtaining my own insurance coverage, if desired.

8. COMPLIANCE WITH INSTRUCTIONS

I agree to follow all instructions provided by the instructors, guides, and staff of Impact Surf Academy, including safety rules and regulations. I understand that failure to comply with such instructions may result in my removal from the Surfing Activities and Surfing Training Activities, without refund, and may increase the risk of injury.

9. AGE AND AUTHORITY

I affirm that I am at least 18 years of age, or if under 18 years old, that I have obtained written consent from my parent or legal guardian, who agrees to be bound by this Agreement. If I am a parent or legal guardian signing on behalf of a minor, I agree to indemnify the Released Parties for any claims arising out of the minor’s participation in Surfing Activities and Surfing Training Activities.

10. GOVERNING LAW

This Agreement shall be governed by, and construed in accordance with, the laws of the state in which Impact Surfing Academy is located, without regard to its conflict of law principles.

11. SEVERABILITY

If any part of this Agreement is found to be invalid, illegal, or unenforceable, 

the remaining provisions shall continue in full force and effect.

12. ACKNOWLEDGEMENT OF UNDERSTANDING

By signing below, I acknowledge that I have read and understand this entire Agreement. I fully understand the risks and responsibilities associated with Surfing Activities and Surfing Training Activities and agree to the terms outlined above. I further acknowledge that this Agreement is legally binding.