KITEBOARDING RELEASE OF LIABILITY, WAIVER OF LEGAL RIGHTS AND ASSUMPTION OF RISK

In consideration for the renting, purchasing or leasing of Kiteboarding services from SA Kitesurf Adventures and/or the utilizing of the facilities, ground school, instruction, premises, and equipment of SA Kitesurf Adventures in engaging in the sport of Kiteboarding, ground instruction, flight instruction and any other services provided by SA Kitesurf Adventures, (hereinafter collectively called "Kiteboarding or Kitesurfing” I hereby understand and agree to this Release of Liability, Waiver of Legal Rights and Assumption of Risk and to the terms hereof as follows:

1. I acknowledge that Kiteboarding is an action sport and recreational activity involving travel in three dimensions and such activity is subject to mishap and even injury to participants. I understand I may suffer a broken limb, paralysis or fatal injury while participating in the sport of kiteboarding and/or any other services provided by SA Kitesurf Adventures.
2. I further acknowledge that there are no warranties applicable to the purchase, rental or lease of Kiteboarding equipment by me and that all warranties whether expressed or implied are excluded. THERE IS NO WARRANTY OF MERCHANT ABILITY OR THAT THE SAID KITEBOARDING EQUIPMENT IS FIT FOR ANY PURPOSE, and that I am accepting the said Kiteboarding equipment as is and I hereby acknowledge that I will personally examine the said Kiteboarding equipment prior to my using of the same.
3. I hereby RELEASE AND DISCHARGE SA Kitesurf Adventures, the States of Washington and Florida, the Town of Lyle and the City of St Petersburg Tampa Bay, and their officer, directors, elected officials, agents, employees, instructors, pilots and owners of equipment and the land used for Kiteboarding activities (hereinafter collectively referred to as "Released parties"), from any and all liability, claims, demands or causes of action that I may hereafter have for injuries I damages arising out of my participation in Kiteboarding activities, including, but not limited to, losses CAUSED BY THE NEGLIGENCE OF THE RELEASED PARTIES.
4. I understand and acknowledge that Kiteboarding activities and other services provided by SA Kitesurf Adventures, have inherent dangers that no amount of care, caution, instruction or expertise can eliminate and I EXPRESSLY AND VOLUNTARILY ASSUME ALL RISK OF DEATH OR PERSONAL INJURY SUSTAINED WHILE PARTICIPATING IN GLIDING ACTIVITIES WHETHER OR NOT CAUSED BY THE NEGLIGENCE OF THE RELEASED PARTIES.
5. I further agree that I WILL NOT SUE OR MAKE A CLAIM against the Released Parties for damages or other losses sustained as a result of my participation in Kiteboarding activities and any other services provided by SA Kitesurf Adventures. 
6. 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 Kiteboarding activities and any other services provided by SA Kitesurf Adventures.
7. 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 Kiteboarding activities and any other services provided by SA Kitesurf Adventures.
8. I agree that I will operate the said Kiteboarding activity and any other services provided by SA Kitesurf Adventures in a reasonable and safe manner so as not to endanger the lives of persons or property of any individual.
9. I have read and understood the above and acknowledge that the same constitutes a release of liability and a waiver of my legal rights and also acknowledgement of the assumption of liability by me of all risks arising out of my engaging in kiteboarding activities and any other services provided by SA Kitesurf Adventures.
10. I further represent that this Release of Liability, Waiver of Legal Rights and Assumption of Risk shall continue in full force and effect for so long as I engage in Kiteboarding activities and any other services provided by SA Kitesurf Adventures which are in any way connected to or with the Released Parties.
11. I further represent that I am at least 18 years of age, or that as the parent or (adult) legal guardian, I waive and release any and all legal rights that may accrue to me, to my minor child or to the minor child for whom I am (adult) legal guardian, as the result of any injury that my minor child, the minor child for whom I am (adult) legal guardian or I may suffer while engaging in Kiteboarding activities and any other services provided by SA Kitesurf Adventures.
12. I hereby expressly recognize that this Release of Liability, Waiver of Legal Rights and Assumption of Risks is a contract pursuant to which I have released any and all claims against the Released Parties resulting from participation in Kiteboarding activities and any other services provided by SA Kitesurf Adventures including any claims by the negligence of the Released Parties by any of the undersigned.

Do you agree that you are fit and healthy enough to take part in an extreme sport like kitesurfing?

Do you agree that you are a capable swimmer?

Can SAK Adventures use media we take of you for social media, advertising materials and the website?

How did you hear about SAK Adventures?

I partake in the sport of Kiteboarding of my own free will. I am undertaking lessons in Kiteboarding supplied to me by SA Kitesurf Adventures and the IKO (International Kiteboarding Organization) certified instructors for SA Kitesurf Adventures. I agree to undertake kiteboarding and activities with the understanding of the inherent risks and dangers associated with the sport. By agreeing below and supplying my full signature, I indemnify SA Kitesurf Adventures and instructors for SA Kitesurf Adventures from any and all responsibility for any and all damage incurred to any property, injury to any person, or any legal action arising from my use or misuse of their equipment. I will pay for replacement or repair to equipment damaged during hire or use when unsupervised by instructors working under SA Kitesurf Adventures.

I declare that I can swim at least 50 metres (150 feet). I declare that I do not have any medical or physical conditions that would affect my participation in the activity. (e.g. please advise instructor of asthma, previous broken bones, dislocated joints, diabetes, allergic reactions, wear contact lenses/hearing aids, any disabilities, etc.)

I agree not to drink alcohol or take prohibited drugs before or during all activities.

By completing this form, I indemnify SA Kitesurf Adventures, all instructors for SA Kitesurf Adventures, and anyone connected with IKO or Affiliated State Associations, from any responsibility for any damage incurred to any property, injury to any person, or any legal action arising from any activities related to participating in kiteboarding lessons with SA Kitesurf Adventures, including but not limited to boat or Jetski(waverunner) transport and use of power kites, either recreationally or at any organised events on land or water.

I HAVE READ THIS RELEASE OF LIABILITY, WAIVER OF LEGAL RIGHTS AND ASSUMPTION OF RISK AND FULLY UNDERSTAND ITS CONTENTS. I SIGN IT OF MY OWN FREE WILL AND AGREE TO BE BOUND BY IT.

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