LIABILITY FORM and MEDICAL AUTHORIZATION for Wave Heart Surf
We must receive forms before participants begin any surf activities.
1. I understand that certain Wave Heart Surf activities carry a risk to participants, including but not limited to: swimming, surfing, body boarding and other activities and opportunities offered by the Wave Heart Surf, and I hereby consent to the participation of my Surfers(s) listed above in such activities.
2. I hereby authorize Wave Heart Surf instructors to direct my Surfers(s) to use certain protective and/or preventive products, such as sunscreen and understand that I may be required to select the products to be used.
3. In the event of illness or injury, I hereby authorize the Wave Heart Surf to provide and/or procure medical treatment for my Surfer(s), as appropriate and necessary; by signing below, I understand that I am giving the Wave Heart Surf consent to provide and/or procure such medical treatment.
4. The undersigned hereby agrees to indemnify and hold harmless the Wave Heart Surf against any liability, losses, damages or expenses incurred or required arising out of the acts or omissions of my Surfer(s) during the time she/he is attending the Wave Heart Surf, whether or not such acts or omissions occur on Wave Heart Surf premises.
5. Wave Heart Surf is not responsible for the loss of personal property due to fire, theft or carelessness of the Surfer(s). Parents may be responsible for damage to the property of others occasioned by their child’s acts in accordance with state and federal laws. Wave Heart Surf is not responsible for Surfers belongings or equipment while in transit to, or at, Wave Heart Surf.
6. I understand that it is my responsibility to inform the director and lead instructor of the names of authorized people to pick up/drop off.
7. RELEASE OF ALL CLAIMS: I have enrolled myself or the below listed participant(s) (child or children) in a program or service of the Wave Heart Surf. I understand the participant’s participation in the programs and services involves activities with inherent risks including, but not limited to, surfing, body boarding, swimming, paddling, and other beach-related sports and activities. I understand the inherent risks in the activities offered by the Wave Heart Surf cannot be eliminated. Individually, as a participant, and as the parent or guardian of the participant, I HEREBY EXPRESSLY ASSUME ALL RISKS associated with my or the participant’s participation in Wave Heart Surf including all risks associated with ocean water sports and related beach activities, and that I am aware that I myself or the participants will use equipment intended to improve or enhance my or the participant’s skills. Despite my understanding of the foregoing risks, I, individually and/or as the participant or parent/legal guardian of the participant, FOREVER AGREE NOT TO SUE AND TO RELEASE FROM LIABILITY AND TO DEFEND, INDEMNIFY AND HOLD HARMLESS the Wave Heart Surf County of Ventura, State of California staff, members and their representatives, owners, sponsors and affiliates, employees and agents, and volunteers any and all damage or injury, known or unknown, within the meaning of Civil Code Section 1542, arising out of my or the participant’s participation in the Wave Heart Surf regardless of the cause, including NEGLIGENCE. I further authorize any physician, surgeon, paramedic, lifeguard, or nurse to render medical care when necessary, the costs of which are my sole responsibility. I understand that the foregoing is a LIABILITY RELEASE and a MEDICAL AUTHORIZATION that is legally binding on me, the participant, our heirs and our legal representatives, and I sign it off on my free will.
I acknowledge that I have read and understood Wave Heart Surf Parental Consent and Release Form and agree to abide by it. I understand that this is a contract that legally binds me.
Names of AUTHORIZED people to pick up:
Waiver of Liability Relating to Coronavirus/COVID-19
The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is reported to be extremely contagious. The state of medical knowledge is evolving, but the virus is believed to spread from person-to-person contact and/or by contact with contaminated surfaces and objects, and even possibly in the air. People reportedly can be infected and show no symptoms and therefore spread the disease. The exact methods of spread and contraction are unknown, and there is no known treatment, cure, or vaccine for COVID-19. Evidence has shown that COVID-19 can cause serious and potentially life threatening illness and even death.
Wave Heart Surf cannot prevent your children from becoming exposed to, contracting, or spreading COVID-19 while utilizing Wave Heart Surf’s services or premises. It is not possible to prevent against the presence of the disease. Therefore, if you choose to utilize Wave Heart Surf’s services your child might be exposed to and/or increase their risk of contracting or spreading COVID-19.
ASSUMPTION OF RISK: I have read and understood the above warning concerning COVID-19. I hereby choose to accept the risk of contracting COVID-19 for myself and/or my children in order to utilize Wave Heart Surf’s services and enter. These services are of such value to me [and/or to my children,] that I accept the risk of being exposed to, contracting, and/or spreading COVID-19 in order to utilize Wave Heart Surf’s services and premises in person.
WAIVER OF LAWSUIT/LIABILITY: I hereby forever release and waive my right to bring suit against Wave Heart Surf and its owners, officers, directors, managers, officials, trustees, agents, employees, or other representatives in connection with exposure, infection, and/or spread of COVID-19 related to utilizing Wave Heart Surf’s services and premises. I understand that this waiver means I give up my right to bring any claims including for personal injuries, death, disease or property losses, or any other loss, including but not limited to claims of negligence and give up any claim I may have to seek damages, whether known or unknown, foreseen or unforeseen.
CHOICE OF LAW: I understand and agree that the law of the State of California will apply to this contract.
I HAVE CAREFULLY READ AND FULLY UNDERSTAND ALL PROVISIONS OF THIS RELEASE, AND FREELY AND KNOWINGLY ASSUME THE RISK AND WAIVE MY RIGHTS CONCERNING LIABILITY AS DESCRIBED ABOVE:
Photo and Video Release
By signing this form, I, as parent/guardian, permit the Wave Heart Surf to use pictures of my child as a program participant in promotional literature, videos, and the Wave Heart Surf website. I understand my child’s name(s) will not be published.
Parent/Guardian Name (Printed): ________________________________________