Terms and Conditions
ASSUMPTION OF RISK, RELEASE, AND WAIVER OF LIABILITY, AND INDEMNITY AGREEMENT
IN CONSIDERATION for myself and/or my children listed above being permitted to utilize the
services, utilize the facilities and/or participate in the programs of USA Surfing, Inc.
(the “Organization”), including, but not limited to, observation or use of facilities or equipment, or
participation in or acting as a spectator during any program affiliated with the Organization, the
undersigned, on behalf of himself or herself and such participating children and any personal
representatives, heirs, and next of kin (hereinafter referred to as "the undersigned") hereby
acknowledges, agrees, and represents that he or she has inspected and carefully considered
such premises, equipment, and facilities and has considered the Organization’s programs and
that the undersigned finds and accepts same as being safe and reasonably suited for the use or
participation by the undersigned and such participating children.
In addition, the undersigned acknowledges that novel coronavirus (''COVID-19") infections have
been confirmed throughout the United States, including several cases in the undersigned’s own
State and locality. In accordance with the most recent guidance and recommendations issued by
the World Health Organization (WHO), the Centers for Disease Control and Prevention (CDC),
undersigned’s own State’s Department of Health (DOH) for slowing the transmission of COVID19, the undersigned hereby agrees, represents, and warrants that neither the undersigned nor
such participating children shall visit or utilize the facilities, services, and/or programs of the
Organization (other than any exclusively online services and programs) within 14 days after (i)
returning from highly impacted areas subject to a CDC Level 3 Travel Health Notice, (ii)
exposure to any person returning from areas subject to a CDC Level 3 Travel Health Notice, or
(iii) exposure to any person who has a suspected or confirmed case of COVID-19. The CDC
Travel Health Network is continuously updating this list and the undersigned agrees that they are
aware of this list and the countries listed. The undersigned agrees to check on a daily basis the
CDC Travel Health Notices list (https://www.cdc.gov/coronavirus/2019-ncov/travelers/index.html)
prior to participating in or utilizing the facilities, services, and programs of the Organization. The
undersigned hereby agrees, represents, and warrants that neither the undersigned nor such
participating children shall participate in, visit or utilize the facilities, services, and/or programs of
the Organization if he or she (i) experiences symptoms of COVID-19, including, without
limitation, fever, cough, loss of sense of taste or smell, or shortness of breath, or (ii) has a
suspected or diagnosed/confirmed case of COVID-19. The undersigned agrees to notify the
Organization immediately if he or she believes that any of the foregoing access/use restrictions
may apply.
The Organization has taken certain steps to implement certain recommended guidance and
recommendations issued by public health agencies for slowing the transmission of COVID-19,
including, without limitation, the access/use restrictions set forth above. The undersigned
acknowledges and agrees that the Organization may revise its procedures at any time based on
updated recommended guidance and recommendations issued by public health agencies and
further agrees to comply with the Organization’s revised procedures prior to utilizing the
facilities, services, and/or prior to participating in the programs of the Organization. The
undersigned further acknowledges and agrees that, due to the nature of the facilities, services,
and programs offered by the Organization, social distancing of 6 feet per person among children
and their fellow participants or others is not always possible. The undersigned fully understands
and appreciates both the known and potential dangers of participating in the programs and/or
utilizing the facilities and services of the Organization and acknowledges that use thereof by the
undersigned and/or such participating children may, despite the Organization’s reasonable
efforts to mitigate such dangers, result in exposure to COVID-19, which could result in
quarantine requirements, serious illness, disability, and/or death.
IN FURTHER CONSIDERATION OF BEING PERMITTED TO PARTICIPATE IN THE
ORGANIZATION’S PROGRAMS, THE UNDERSIGNED HEREBY AGREES TO THE
FOLLOWING:
THE UNDERSIGNED, ON HIS OR HER BEHALF AND ON BEHALF OF SUCH
PARTICIPATING CHILDREN, HEREBY RELEASES, WAIVES, DISCHARGES AND
COVENANTS NOT TO SUE the Organization or its national governing body organization, or any
of their respective directors, officers, employees, volunteers and agents, or any of the fellow
participants or their family members or guests from all liability to the undersigned or such
participating children and all personal representatives, assigns, heirs, and next of kin of the
undersigned or such participating children for any loss or damage, and any claim or demands on
account of any property damage or any injury to, or an illness or the death of, the undersigned
or such participating children (or any person who may contract COVID-19, directly or indirectly,
from the undersigned or such participating children) whether caused by the negligence, active
or passive, of the Organization or otherwise while the undersigned or such participating children
are in, upon, or about the premises or any facilities or using any equipment of or participating in
any program of or affiliated with the Organization. To the extent such statute applies, the
undersigned also expressly and knowingly waives all rights under California Civil Code Section
1542, which provides: A general release does not extend to claims that the creditor or releasing
party does not know or suspect to exist in his or her favor at the time of executing the release
and that, if known by him or her, would have materially affected his or her settlement with the
debtor or released party.
THE UNDERSIGNED HEREBY AGREES TO INDEMNIFY, DEFEND AND HOLD HARMLESS the
Organization or its national governing body organization, or any of their respective directors,
officers, employees, volunteers and agents, and each of them, from any loss, liability, damages
or costs they may incur, whether caused by the Organization’s negligence, active or passive, or
otherwise while the undersigned or any participating child is participating in any program of the
Organization or in, upon, or about the premises or any facilities or equipment affiliated with the
Organization.
The undersigned understands and agrees that the Organization is not required to
provide insurance to cover the undersigned or such participating children in the event they
suffer illness, injury, death, property loss, theft or damage of any sort upon, or about the
premises or any facilities or equipment therein or while participating in any program affiliated
with the Organization.
The undersigned agrees and acknowledges that use of the Organization facilities and services,
and participation in the Organization programs, may involve inherent danger and risk, including,
without limitation, the risk of physical illness or injury, death or property damage.
THE
UNDERSIGNED HEREBY ASSUMES FULL RESPONSIBIUTY FOR, AND RISK OF ILLNESS,
BODILY INJURY, DEATH OR PROPERTY DAMAGE to the undersigned or such participating
children due to negligence, active or passive, or otherwise while in, about or upon the premises
of the Organization and/or while using the premises or any facilities or equipment thereon and/or
while participating in or observing any program affiliated with the Organization. The undersigned
acknowledges that any illness or injuries that the undersigned or such participating children
contract or sustain may be compounded by negligent first aid or emergency response of the
Releasees and waive any claim in respect thereof.
THE UNDERSIGNED further expressly agrees that the foregoing ASSUMPTION OF RISK,
RELEASE AND WAIVER OF LIABILITY AND INDEMNITY AGREEMENT is intended to be as
broad and inclusive as is permitted by the laws of the State in which the undersigned resides or
participates and that if any portion thereof is held invalid, it is agreed that the balance shall,
notwithstanding, continue in full legal force and effect.
I HAVE CAREFULLY READ AND VOLUNTARILY SIGN THIS ASSUMPTION OF RISK,
RELEASE AND WAIVER OF LIABILITY, AND INDEMNITY AGREEMENT AND FURTHER
AGREE THAT NO ORAL REPRESENTATIONS, STATEMENTS OR INDUCEMENT APART
FROM THE FOREGOING WRITTEN AGREEMENT HAVE BEEN MADE. I AM AWARE THAT
BY AGREEING TO THIS AGREEMENT I AM GIVING UP VALUABLE LEGAL RIGHTS,
INCLUDING THE RIGHT TO RECOVER DAMAGES FROM THE ORGANIZATION IN CASE OF
ILLNESS, INJURY, DEATH OR PROPERTY LOSS OR DAMAGE, INCLUDING, FOR THE
AVOIDANCE OF DOUBT AND WITHOUT LIMITATION, EXPOSURE TO COVID-19 AT ANY
ORGANIZATION FACILITY OR DURING PARTICIPATION IN ANY PROGRAM AND ANY
ILLNESS, INJURY OR DEATH RESULTING THEREFROM. I UNDERSTAND THAT THIS
DOCUMENT IS A PROMISE NOT TO SUE AND A RELEASE OF AND INDEMNIFICATION
FOR ALL CLAIMS. IF SIGNING ON BEHALF OF MINOR: I ALSO UNDERSTAND THAT
THIS AGREEMENT IS MADE ON BEHALF OF MY MINOR CHILD(REN) AND/OR LEGAL
WARDS AND I REPRESENT AND WARRANT TO THE ORGANIZATION THAT I HAVE FULL
AUTHORITY TO SIGN THIS AGREEMENT ON BEHALF OF SUCH MINOR(S).
In entering this event, I promise to inspect the contest site and assure myself that the area is safe for surfing, and further agree that I will not surf in the contest unless I am satisfied that the area and conditions are safe for surfing purposes. I voluntarily agree to assume all risks incident to the sport of surfing. I fully understand and comprehend the dangers of surfing created by the sharp edges and fins and natural buoyancy of the surfboard when they are acted on by the powerful forces of the ocean and ocean waves. With full knowledge, comprehension and understanding of these dangers, I voluntarily accept and assume all risks involved in the spirit of competitive surfing. I intend to be legally bound, hereby, for myself, my heirs, executors and administrators, hold harmless and release and forever discharge the Event Organizer, its Member Organizations, the State of California, the local host city, and all sponsors and sponsoring agencies, their members, agents and any officials connected with this competition, from all liabilities for injuries and damages whatsoever, arising from my presence or participation in the above described event(s) and do hereby grant the sponsors such release as described herein. I acknowledge that I have read and understand all of the above.
ACKNOWLEDGMENT
I understand that the Event Organizer's responsibilities to me are limited. I further grant Event Organizer the right to photograph, film or videotape me, without compensation to me and to use any such photographs, film, or videotape for any commercial purposes it chooses including, but not limited to, posters, flyers, trading cards, television and internet broadcast, and all forms of licensing or advertising.
GENERAL RELEASE AND INDEMNIFICATION
I agree that before entering any Event I shall sign and be bound by all release forms prepared by Event operators and sponsors, and, in addition, that I shall comply with all rules and regulations of each event that I shall enter. I understand that I may be denied entry into an Event if this General Release and an Event Release are not signed by me. I further acknowledge that I have responsibility for my own safety at Events and I assume all risks, and I hereby, for myself, my executors, administrators, heirs, next of kin, successors, and assigns agree to:a. Waive, release and discharge any and all claims that I now have or may, in the future, have against the Event Organizer, Surf Signup, its member Organizations, the hosting city and the State of California, their officers, directors, members, employees, volunteers, and agents, or any one or more of them or their executors, administrators, heirs, next of kin, successors, or assigns (the "Releasees"), including any and all claims for damage or personal injury causes by the negligence of any of them, arising out of my participation or attendance at an Event or function, prior to, during or after the Event or function, including claims resulting from the use of my surfboard and related equipment in any Event and related activities, together with any costs, including attorneys' fees that may be incurred as a result of such a claim, whether valid or not; and I hereby acknowledge that the sport of surfing, and competition in such sport, is or may be inherently dangerous, due to conditions beyond a surfer's control, and that my participation in an Event may, in certain instances, involve risk to me of serious injury or even loss of life.b. Indemnify, hold harmless and reimburse for future losses and Releasees and each of them, against any such claim that I or anyone or more of my or their executors, administrators, heirs, next of kin, successors, or assigns may assert, and against any costs, including attorneys' fees, with respect thereto. Such indemnification shall extend to any claim that might be asserted by others against me that also names the releasees.c. The Release has been executed voluntarily and knowingly by me with the express intention of affecting the legal consequences provided by section 1541 of the California Civil Code. I intend to relinquish all claims against the releasees, whether or not known and expressly waive any and all right and benefits conferred upon me by the provisions of Section 1542 of the California Civil Code, which reads:'A General Release does not extend to claims which the Creditor does not know or suspect to exist in his favor at the time of executing the Release which, if known by him, must have materially affected his settlement with the Debtor.'d. This Release shall be governed by and constructed in accordance with the laws of the State of California.
REGISTRATION SERVICE FEE
A non-refundable Registration Fee will be accessed by Immersion Media/Surf Signup, by accepting these terms and conditions you agree to pay this non-refundable registration service fee.
