RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISK & INDEMNIFICATION AGREEMENT

Student (1) Name : Student (2) Name :

Please Read This Carefully

Use of recreational equipment on the beach or in the ocean and/or participation in ocean activities, including but not limited to surfing, bodyboarding, and/or stand up paddling, involve significant risks which may result in serious bodily injury and/or death. I understand that ocean activities are dangerous and include inherent risks that are beyond the control of Girls Who Surf LLC (“GWS”.) Dangerous conditions include but are not limited to powerful waves, shore break, waves breaking on the sand or in shallow water, high surf, strong currents, rip currents, changing tides, adverse weather conditions, sharp coral, slippery rocks, debris, rocks or other objects, sharks, fish, jelly fish, man-o-war, and other marine life, surfboards, bodyboards, leashes, paddles, or other equipment, and other people. These dangers can be found on the beach, in the ocean, and when entering or exiting the ocean. Injuries resulting from or relating to the use of recreational equipment and/or participation in ocean activities include but are not limited to bruises, cuts, contusions, abrasions, burns, bites, stings, strains, sprains, fractures, concussions, spinal injuries, paralysis, water inhalation, drowning and/or death from other causes.

I understand that my use of recreational equipment and/or participation in ocean activities may result in serious bodily injury and/or death. I understand that the description of risks in this document is not complete and that other risks or events that are known or unknown, anticipated or unanticipated, may result in serious bodily injury and/or death. My use of recreational equipment and/or participation in ocean activities is purely voluntary. I elect to participate having full knowledge of the risks associated with my participation.

In consideration for being provided with recreational equipment and/or for being permitted to participate in ocean activities, I agree on my own behalf and on behalf of my children and all others in my care, custody, or control (hereafter included in “I,” “my” or “me”) to assume full responsibility for the risks identified herein and those risks not specifically identified. I hereby release from liability and waive any and all claims that I have or may have in the future against Girls Who Surf LLC, its managers, employees, members, officers, directors, agents, assigns, contractors, attorneys and/or other representatives (“Released Parties”.) I voluntarily agree to fully and forever release and discharge Released Parties from liability for damages or injuries resulting from, arising out of, or related in any way to the risks identified herein and other risks not specifically identified. I voluntarily waive my right to sue Releasees for any injuries or damages, including property damage, that may result from, arise out of, or be related in any way to the use of recreational equipment and/or participation in an ocean activity.

Student (1) / Student (2) Please initial:

/ I certify that: (1) I know how to swim. (2) I am in good physical health;
(3) I am physically able to participate in the activity safely;
(4) I have no physical restrictions or limitations other than:
Student (1);

Student (2);
(5) I understand and acknowledge that ocean activities including but not limited to surfing,
bodyboarding and stand up paddling can be strenuous on my ribs, back, neck and
shoulders; (6) I have received the necessary instruction to participate in the activity safely.

I expressly agree to indemnify, defend and forever hold harmless Released Parties against any loss or liability resulting from claims, demands, or actions that have been made or may hereinafter at any time be made or brought against Released Parties by me or any person or entity holding by or through me or any third party, insurance carrier,

organization or person for payment or reimbursement of any expenses, debts, obligations, damages, liens, joint tortfeasor claims or claims for contribution or indemnity, for any property damage, injuries and/or damages sustained or claimed relating to use of recreational equipment and/or participation in ocean activities.

This Agreement and all rights, duties and obligations between the Released Parties and me shall be governed by and interpreted solely in accordance with the laws of the State of Hawaii and no other jurisdiction. Any litigation involving or relating to this Agreement shall be brought solely within the State of Hawaii. If any portion of this Document shall be declared unenforceable for any reason, the unenforceable portion shall be considered severed from the Document and the remainder of the Document shall not be affected and shall be valid and enforceable to the fullest extent permitted by law.

I ACKNOWLEDGE THAT I HAVE READ THIS ENTIRE DOCUMENT AND THAT I UNDERSTAND ITS TERMS AND AGREE TO BE BOUND BY THEM. I UNDERSTAND THAT THE EFFECT OF THIS DOCUMENT IS THAT I AM RELEASING LIABILITY AND WAIVING MY RIGHT TO SUE RELEASED PARTIES AND I AM ASSUMING RISK AND AGREEING TO INDEMNIFY RELEASED PARTIES FOR MATTERS RESULTING FROM, ARISING OUT OF, OR RELATING IN ANY WAY TO MY USE OF RECREATIONAL EQUIPMENT AND/OR PARTICIPATION IN AN OCEAN ACTIVITY, INCLUDING THE PARTICIPATION OF MY CHILDREN OR OTHER MINORS IN MY CARE, CUSTODY OR CONTROL, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, DEATH, AND PROPERTY DAMAGE. I ACKNOWLEDGE THAT THIS DOCUMENT APPLIES EVEN IF RELEASED PARTIES MAY BE NEGLIGENT IN WHOLE OR IN PART. I UNDERSTAND THAT THIS DOCUMENT APPLIES TO AND SHALL BE EFFECTIVE AND BINDING UPON ME, MY HEIRS, ASSIGNS, PERSONAL REPRESENTATIVE, ESTATE, ALL MEMBERS OF MY FAMILY INCLUDING MY CHILDREN, AND OTHERS IN MY CARE, CUSTODY, OR CONTROL.


Student (1) Signature : Dated :
(Parent or Guardian if Under 18)

 Student (2) Signature : Dated :


If he or she is not present, Emergency Contact Name : Phone # :