AmpSurf INDEMNITY FORM
PLEASE READ CAREFULLY BEFORE SIGNING.
THIS IS A RELEASE OF LIABILITY AND WAIVER OF CERTAIN LEGAL RIGHTS.
AmpSurf - Association of Amputee Surfers.
Release and Waiver of Liability and Indemnity Agreement.
In consideration of being permitted to utilize the facilities, services, equipment and programs of the Association of Amputee Surfers (Hereinafter referred to as AmpSurf) for any purpose, including, but not limited to observation or use of facilities or equipment, or participation in any sports activity or off-site program or service affiliated with AmpSurf, the undersigned, for himself or herself and any personal represenrentatives, heirs, and next of kin, hereby acknowledges, agrees and represents that he or she has, or immediately upon participating or entering will, inspect and carefully consider such equipment; premises and facilities or the affiliated program or service. It is further warranted that such entry into any AmpSurf facilities for observation or use of any facilities or equipment or participation In such affiliated program or services constitutes and acknowledgment that such premises and all facilities and equipment thereon and such affiliated program and services have been inspected and carefully considered and that the undersigned finds and accepts the same as being safe and reasonably suited for the purpose of such observation, use or participation.
IN FURTHERCONSIDERATION OF BEING PERMITTED FOR ANY PURPOSE INCLUDING, BUT NOT LIMITED TO, OBSERVATION OR USE OF FACILITIES OR EQUIPMENT, OR PARTICIPATION IN ANY PROGRAM OR SERVICE CONTROLLED BY AmpSurf OR ANY OFF-SITE PROGRAM AFFIUATED WITH AMPSURF, THE UNDERSIGNED HEREBY AGREES TO THE FOLLOWING:
- THE UNDERSIGNED HEREBY RELEASES, WAIVES, DISCHARGES AND COVENANTS NOT TO SUE AmpSurf its directors, officers, employees and agents (hereinafter referred to as releases) forever from liability to the undersigned, his or her personal representatives, assigns, heirs, and next of kin for any and all lose or damage, and any claim or demands therefore on account of injury to the person or property or resulting in death of the undersigned, whether caused in whole or in part by the negligence, either active or passive, of the releases or otherwise while the undersigned is in, upon, or about the premises or any facilities or equipment therein or participating in any program service affiliated with AmpSurf.
- THE UNDERSIGNED HEREBY AGREES TO DEFEND, INDEMNIFY, SAVE AND HOLD HARMLESS the releases and each of them from any loss, liability, damage or cost they may incur, including attorneys fees and cost of suit due to the presence of the undersigned in, upon or about AmpSurf premises or in any way observing or using any facilities or equipment of AmpSurf or participating in any program or service affiliated with AmpSurf, whether caused by the negligence of the releases or otherwise.
- THE UNDERSIGNED HEREBY ASSUMES FULL RESPONSIBILITY FOR AND RISK OF BODILY INJURY, DEATH OR PROPERTY DAMAGE due to negligence of release or otherwise while in, about or upon the premises of AmpSurf and/or while using the premises or any facilities or equipment thereon or participating in any program, service, sport or activity affiliated with AmpSurf.
- The undersigned consents to receive medical treatment which may be deemed necessary and understands that the undersigned is solely responsible for any and all costs incurred, including medical transportation.
- The undersigned consents and authorizes in advance the use of his or her name in any pictures, broadcasts, telecasts, advertising or promotion of this event/program.
The undersigned further expressly agrees that the foregoing release, waiver and indemnity agreement is intended to be as broad and inclusive as is permitted by the law of the State of California and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
THE UNDERSIGNED HAS READ AND VOLUNTARILY SIGNS THE RELEASE AND WAIVER OF LIABILITY AND INDEMNITY AGREEMENT, and further agrees that no oral representations, statements, or inducement apart from the foregoing written agreement have been made. The undersigned further understands that his/her electronic signature is valid and binding.
ISA INDEMNITY FORM
PLEASE READ CAREFULLY BEFORE SIGNING.
THIS IS A RELEASE OF LIABILITY AND WAIVER OF CERTAIN LEGAL RIGHTS.
1. The person who is taking part in the surfing competition, training, or training and competition related activities shall be referred to hereinafter as “Participant.” If the Participant is under the age of 18, the term “Participant” shall include the Participant’s parent(s), guardian(s), or any other person who signs this document on the Participant’s behalf. As used herein, “ISA” refers to the International Surfing Association, including all directors, officers, employees, agents, affiliates, or assigns.
In consideration for Participant being able to participate in the ISA World Championship (herein after the "Event"), Participant states he/she is an experienced surfer, familiar with all the hazardous conditions which exist in connection with the Event. Participant is aware that there are hazards that may exist in connection with the participation in the Event which can cause serious injury or death, and Participant voluntarily agrees to participate in the Event with full knowledge of those hazards.
2. ASSUMPTION OF RISK AND AGREEMENT NOT TO SUE: Participant assumes the risks for any injuries or death that Participant may sustain in connection with the Event and Participant hereby agrees to fully defend, indemnify, release, hold harmless and forever discharge the ISA, and the sponsors and organizers of the Event, including their respective directors, shareholders, agents, employees, successors, assigns, and affiliated organizations from any claims, damages, actions, suits, or judgments (including claims of negligence) resulting from any injury or death that Participant may sustain in connection with the Event. Participant further agrees to fully defend, indemnify, release, hold harmless and forever discharge the City, Province or Region, where applicable.
3. Participant represents that he/she has the necessary physical fitness to participate in the sport of surfing and this Event, and the Participant further represents that he/she is not aware of any physical or medical conditions which could affect Participant’s participation in the sport of surfing or this Event. The undersigned athlete authorizes disclosure of any medical information necessary to provide, coordinate, or manage the athlete’s healthcare in relation to this Event.
4. Participant hereby agrees to assign the exclusive commercial use of all photographs and photographic reproductions, television broadcasts and motion pictures taken of Participant during this Event, whether in or out of the water, to the ISA and to the promoters, sponsors, or organizers of the Event, or the City, Province and Region, where applicable,
5. Participant agrees to conduct him/herself in a professional sportsmanlike manner prior to, during, and after the surfing competition and while in the vicinity of the Event. Participant will not engage in any surfing activity near the contest area unless authorised to do so during the competition. Participant has had an opportunity to be appraised of and has reviewed all the rules and regulations applicable to the competition and Participant understands that any violation of these rules and regulations, or any unsportsmanlike conduct, will be cause for penalties which may take the form of a warning, a fine, disqualification from this Event, or any other penalty deemed appropriate in the sole discretion of the Contest Director or the ISA Executive Committee.
6. Participant agrees to compete and appear in competition attire provided by the sponsors from time of issue until completion of competition and during awards presentations.
7. Participant agrees to comply with any ISA request for testing by any Anti-Doping Organization selected for, or associated with the Event. Drug Testing will follow the World Anti-Doping Agency (WADA) guidelines and will be conducted on or around the final day of competition of this Event. Participant shall submit the Therapeutic Use Exemption form if necessary.
8. Participant agrees to completely indemnify and hold harmless the ISA, and any of its parents, subsidiaries, agents, employees, or affiliates, against any claim or suit arising out of or related to Athlete’s participation in programs, events, or competitions regulated by or subject to the rules or code of the World Anti-Doping Agency (“WADA”). Undersigned further agrees to completely indemnify and hold harmless the ISA, and any of its parents, subsidiaries, agents, employees, or affiliates, against any claim or suit arising out of or related to the ISA’s participation in programs, events, or competitions regulated by or subject to the rules or code of WADA, including, but not limited to, claims or suits arising out of negligent or inadvertent release of Participant’s private or confidential information. Participant understands and agrees that, by initialling and/or signing this document, Participant may be limiting or eliminating his or her legal rights and remedies
9. Participant certifies under oath that Participant is a citizen of _______________________________, and that Participant is aware of the ISA Rulebook regulations on eligibility for participation in ISA events as a member of my National Surfing Team. Participant is also aware that the penalty for a violation of these rules, including a false statement on Participant citizenship, includes a USD$1,000 penalty, payable by the National Governing Body. The penalty for these violations also includes Participant removal from the competition, and the removal of Participant contest points from the final Team Championship calculation of the Team.
KNOWING AND VOLUNTARY EXECUTION
Participant has carefully read this agreement and fully understands its contents and signs it voluntarily with full knowledge of its significance. Participant is aware that this is a release of liability and a contract between Participant and the ISA, and the Sponsors and Organizers of the Event, including their respective directors, shareholders, agents, employees, successors, assigns, and affiliated organizations.
In consideration for allowing Participant to participate in the Event, the Participant AGREES THAT ANY AND ALL CLAIMS OR SUITS arising from or in any way connected with Participant’s participation in the Event, including claims or suits related to drug-testing or claims or suits of negligence, shall be subject to the Court of Arbitration for Sport (“CAS”) and decided pursuant to laws of the State of California. Any claim or suit shall be heard in the State of California, unless the parties agree otherwise or the CAS so requires.