Terms and Conditions
ASSUMPTION OF RISK, RELEASE, WAIVER OF LIABILITY, AND INDEMNITY AGREEMENT
In consideration of myself and/or my minor children being permitted to use the services, facilities, or participate in the programs of the Western Surfing Association (the “Organization”), including as participants, spectators, or users of any related equipment or facilities, I, on behalf of myself, my participating children, and our respective personal representatives, heirs, and next of kin (“the undersigned”), acknowledge and agree as follows:
1. Acceptance of Facilities and Conditions
The undersigned has inspected and considered the premises, facilities, equipment, and programs of the Organization and finds them to be reasonably safe and suitable for participation.
2. Release and Waiver of Liability
The undersigned, for themselves and their participating children, releases, waives, discharges, and covenants not to suethe Organization, its parent or governing bodies, directors, officers, employees, volunteers, agents, fellow participants, and their family members (“Releasees”) from any and all claims or liability for property damage, illness, injury, or death arising out of participation in any Organization program or use of its facilities or equipment — whether caused by the active or passive negligence of the Organization or otherwise.
To the extent applicable, the undersigned expressly waives all rights under California Civil Code §1542, which states:
“A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in their favor at the time of executing the release, which, if known, would have materially affected the settlement.”
3. Indemnification
The undersigned agrees to indemnify, defend, and hold harmless the Organization, its governing bodies, directors, officers, employees, volunteers, and agents from any loss, liability, damage, or cost (including attorney’s fees) incurred due to participation by the undersigned or their children, whether caused by negligence or otherwise.
4. Assumption of Risk
The undersigned understands that participation in surfing and related activities involves inherent risks, including illness, injury, death, or property damage, and that the Organization is not required to provide insurance coverage for participants.
The undersigned voluntarily assumes all risks associated with participation and acknowledges that any injury or illness may be compounded by negligent rescue or first aid, for which all claims are also waived.
5. Scope and Enforceability
This Agreement is intended to be as broad and inclusive as permitted by applicable law. If any portion is found invalid, the remainder shall remain in full force and effect.
6. Surf Event-Specific Acknowledgment
The undersigned agrees to inspect the contest site and will not surf unless satisfied with its safety. Surfing involves inherent risks, including those caused by surfboards, fins, waves, and ocean conditions. With full understanding of these dangers, the undersigned voluntarily accepts all risks associated with competitive surfing and releases the Event Organizer, Member Organizations, the State of California, the host city, and all sponsors, agents, and officials from any and all liability for injury, illness, or damage arising from participation.
7. Media Release
The undersigned grants the Event Organizer permission to photograph, film, or record them without compensation and to use such materials for any lawful promotional or commercial purpose, including print, television, or online media.
8. General Release and Indemnification for Events
The undersigned agrees to:
a. Waive and release all claims against the Event Organizer, Surf Signup, their member organizations, the host city, and the State of California, including claims for negligence, injury, or property loss before, during, or after any event.
b. Indemnify and hold harmless all Releasees from any such claims and related costs, including attorney’s fees.
c. Waive the protections of California Civil Code §1542, acknowledging this release applies to all known and unknown claims.
d. Accept that California law governs this Agreement.
9. Registration Service Fee
A non-refundable registration service fee will be charged by Immersion Media/Surf Signup. By accepting these terms, the undersigned agrees to pay this fee and acknowledges it is non-refundable.
ACKNOWLEDGMENT AND ACCEPTANCE
I have read and fully understand this Assumption of Risk, Release, Waiver of Liability, and Indemnity Agreement. I understand that I am giving up valuable legal rights, including the right to sue for illness, injury, death, or property damage.
If signing on behalf of a minor, I represent that I have full authority to execute this Agreement on their behalf.
