Waiver and Release of Liability Form

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772-783-8010

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lessons@efoilwatersports.com

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By submitting this form, I am agreeing to all terms and conditions.

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Efoil WatersportsWaiver and Release of Liability Efoil riding is a demanding sport requiring exceptional levels of attention, judgment, maturity, and self-discipline. It is unlikely that you will be able to participate in it safely unless you make a conscious and continual commitment to your own safety. This potentially dangerous sport may result in injury even when practiced by competent athletes. In consideration for being permitted to participate in Efoiling, I hereby agree as follows: 1. I hereby RELEASE AND DISCHARGE Efoil Watersports, LLC. its owners, agents, employees, instructors, and the owners of the equipment, from any and all liability, claims, demands, or causes of action that I may hereafter have for injuries and damages arising out of my participation in sports activities and my use of sports products, including but not limited to losses CAUSED BY THE NEGLIGENCE OF THE RELEASED PARTIES. 2. I further agree that I WILL NOT SUE OR MAKE A CLAIM against the Released Parties for damages or other losses sustained as a result of my use of these sports products and my participation in sports activities. 3. I also agree to INDEMNIFY AND HOLD THE RELEASED PARTIES HARMLESS from all claims, judgments and costs, including attorney’s fees, incurred in connection with any action brought as a result of my use of sports products and my participation in sports activities. 4. In understand and acknowledge that sports products and activities have inherent dangers that no amount of care, caution, instruction, or expertise can eliminate and EXPRESSLY AND VOLUNTARILY ASSUME ALL RISK OF DEATH OR PERSONAL INJURY SUSTAINED WHILE PARTICIPATING IN sports ACTIVITIES WHETHER OR NOT CAUSED BY THE NEGLIGENCE OF THE RELEASE PARTIES. 5. I understand that the sports products have not been designed, manufactured or tested to any federal or state government sporting standards or regulations. I am willing to assume personally all risks in the sport, and all responsibility for any property damage, injury, or death that may result from my use of the sports equipment. 6. I hereby expressly recognize that this agreement and Release of Liability is a contract pursuant to which I have released any and all claims against the Released Parties resulting from my use of sports products and my participation in sports activities including any and all claims caused by the negligence of the Released Parties. 7. I agree to be financially responsible for any equipment damaged during my training if the equipment is not owned by me 8. Releasor expressly agrees that this release, waiver, and indemnity agreement is intended to be as broad and inclusive as permitted by the laws of New Hampshire and that if any portion of the agreement is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect. 9. Releasor releases all officials and professional personnel from any claim whatsoever on account of first aid, treatment or service rendered releasor during participation in any of the above-mentioned products and activities 10.This release contains the entire agreement between parties to this agreement and the terms of this release are CONTRACTUAL and not a mere recital. 11. I agree to pictures that can be posted to social media for advertisement purposes. I HAVE READ THIS AGREEMENT AND RELEASE OF LIABILITY. I FULLY UNDERSTAND ITS CONTENTS AND MEANING, AND SIGN AND AGREE TO IT OF MY OWN FREE WILL. To the best of my knowledge, I have no physical or psychological conditions that will prohibit me from safely participating in the instruction and operation of said Lift eFoils.

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By signing this document, I acknowledge that if anyone is hurt or property is damaged during my participation in this activity, I may be found by a court of law to have waived my right to maintain a lawsuit against Efoil WaterSports, LLC on the basis of any claim from which I have released Efoil WaterSports, LLC herein. I have had sufficient opportunity to read this entire document. I have read and understood it, and I agree to be bound by its terms. I acknowledge Efoil WaterSports, LLC would not allow me to participate in activities at EfoilWaterSports' facility if I do not agree to the terms and conditions of this Participant Agreement, Release and Assumption of Risk. I further grant Efoil WaterSports, LLC the right to photograph, videotape, and/or record me and/or my child/ward and to use my or my child's/wards' name, face, likeness, voice and appearance in connection with exhibitions, publicity, advertising, and promotional materials without reservation or limitation. I read and will follow the Rules and Safety materials provided by Efoil WaterSports, LLC and heard or will listen to and follow The Rules Speech.

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772-783-8010

lessons@efoilwatersports.com

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