Waiver, Release & Assumption of Risk

1. What this covers

This Liability Waiver, Release of Claims, Assumption of Risk and Indemnity Agreement (the “Waiver”) applies to every activity connected with World Wind Sports, now or in the future, including: kiteboarding, wing-foiling, windsurfing, foiling (kite, wing, windsurf, surf, pump and e-foil), and surfing and related water activities; chapter sessions, meet-ups, events, competitions, clinics, lessons, coaching, demos, downwinders and trips; 1ISO and other programs; beach and water cleanups and stewardship days; and travel, social and campaign events (each an “Activity”).

“Released Parties” means World Wind Sports, World Wind Sports, and each of their members, managers, officers, directors, employees, chapter organisers and volunteers, instructors and coaches acting for or with WWS, sponsors, partners, landowners and spot managers who permit the Activity, contractors, agents, insurers, successors and assigns.

READ THIS WAIVER CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS. BY SIGNING OR ACCEPTING IT YOU GIVE UP SUBSTANTIAL RIGHTS, INCLUDING YOUR RIGHT TO SUE THE RELEASED PARTIES FOR THEIR NEGLIGENCE.

2. Inherent and other risks

I understand that the Activities involve inherent risks — dangers that are a natural part of the Activity and that no amount of care, caution, instruction or expertise can eliminate — and other risks, which can result in property damage, serious bodily injury, permanent disability, paralysis or death. These include, without limitation:

• Wind and weather: gusts, lulls, squalls, offshore or onshore winds, sudden changes, storms, lightning, waterspouts, heat, cold, sun and hypothermia;
• Water: drowning, waves, shore break, currents, rip currents, tides, shallow water, reefs, rocks, sandbars, debris, pollution and marine life (including jellyfish, stingrays and sharks);
• Equipment: kites, lines, bars, wings, sails, booms, boards, foils, fins, harnesses, leashes, safety systems and quick-releases that break, tangle, fail, are misused or behave unexpectedly; line cuts and burns; impact with sharp foils and fins;
• Lofting and dragging: being lifted, dragged or thrown onto water, land, obstacles, structures, vehicles, power lines, trees or people;
• Other people: collisions with riders, swimmers, boats, jet-skis and others; the acts or omissions of other participants, spectators, instructors, volunteers and the public;
• Land and beaches: launching and landing zones, uneven or hot sand, glass, parking areas, traffic and travel to and from spots;
• Your own condition: fatigue, dehydration, exceeding your ability, pre-existing medical conditions, and errors of judgment;
• Remoteness: delayed rescue, first aid or medical care, and limited communication;
• Activity-specific: handling tools, sharp or heavy objects, hazardous waste, wildlife and vegetation during cleanups and stewardship days; and
• Unknown risks: risks that are not known or reasonably foreseeable today.

3. Express assumption of risk

I KNOWINGLY, FREELY AND VOLUNTARILY ASSUME ALL RISKS OF THE ACTIVITIES, BOTH THE INHERENT RISKS AND ALL OTHER RISKS, KNOWN AND UNKNOWN, INCLUDING RISKS ARISING FROM THE NEGLIGENCE OF THE RELEASED PARTIES OR OTHERS, AND I ACCEPT FULL RESPONSIBILITY FOR MY PARTICIPATION.

I decide for myself whether, when and where to ride. I may stop or refuse to take part at any time. No Released Party has a duty to stop me, assess conditions for me or rescue me unless it has expressly agreed in writing to do so.

4. My fitness, skills and equipment

• I am in good health and physically fit for the Activity, I am a competent swimmer in open water, and I have no medical condition, injury or medication that would make participation unsafe for me or others, except as I have disclosed in writing.
• I will not take part under the influence of alcohol, drugs or anything that impairs judgment.
• I am responsible for knowing and riding within my ability, for checking weather, wind, tide and local rules, and for obtaining any lessons I need.
• I am solely responsible for the selection, inspection, set-up, maintenance and use of my equipment, including safety systems, leashes, helmets, impact vests and flotation, whether owned, borrowed or provided by anyone else. Any equipment provided by a Released Party is provided as is.
• I will follow right-of-way rules, spot rules, laws and the reasonable instructions of organisers, and I will ride in a way that does not endanger others or their property.
• I understand that chapters, instructors, schools and partners are independent and that WWS does not supervise sessions unless it has expressly agreed to in writing.

5. Release of claims, including negligence

IN EXCHANGE FOR BEING ALLOWED TO TAKE PART IN THE ACTIVITIES, AND TO THE FULLEST EXTENT PERMITTED BY LAW, I, FOR MYSELF, MY HEIRS, ESTATE, PERSONAL REPRESENTATIVES, SPOUSE, NEXT OF KIN AND ASSIGNS, HEREBY RELEASE, WAIVE, DISCHARGE AND FOREVER GIVE UP ALL CLAIMS, DEMANDS AND CAUSES OF ACTION OF ANY KIND AGAINST THE RELEASED PARTIES FOR PROPERTY DAMAGE, LOSS, PERSONAL INJURY, ILLNESS, DISABILITY OR DEATH ARISING OUT OF OR RELATED TO THE ACTIVITIES, INCLUDING CLAIMS ARISING FROM THE NEGLIGENCE OF ANY RELEASED PARTY, WHETHER ACTIVE OR PASSIVE, AND WHETHER THE RISK IS INHERENT OR NOT.

This release does not apply to claims for a Released Party’s gross negligence, recklessness or intentional misconduct where the law does not allow those claims to be released.

6. Covenant not to sue

I agree never to sue or bring any claim against any Released Party for any claim released by this Waiver. If I (or anyone on my behalf) do, I will pay all of the Released Parties’ attorneys’ fees and costs of defending it.

7. Indemnification

I agree to indemnify, defend and hold harmless the Released Parties from all claims, losses, liabilities, damages and costs (including reasonable attorneys’ fees) brought by me, my family, my estate or any third party arising from my participation, my equipment, my conduct, or my breach of this Waiver, including claims alleging the negligence of a Released Party, to the fullest extent permitted by law.

8. Medical treatment consent

I authorise the Released Parties and emergency responders to obtain or provide first aid, emergency medical treatment, rescue and transport for me if they believe it is needed and I cannot consent, and I agree to pay all costs. No Released Party has a duty to provide medical care, and none is liable for decisions made in good faith. I am responsible for my own health, travel and accident insurance.

9. Photo, video and media release

I grant WWS and its chapters the irrevocable, royalty-free, worldwide right to photograph, film and record me during Activities and to use my name, image, likeness and voice in any media, including on our site, social media, campaign pages and promotional materials, without compensation or approval. I can ask not to be featured in future materials by emailing us, and we will make reasonable efforts to honour it going forward.

10. Participants under 18 — parent or guardian

A participant under 18 may take part only if a parent or legal guardian signs this Waiver. The parent or guardian (a) confirms they have authority to sign for the minor; (b) agrees to every term of this Waiver for themselves and on behalf of the minor; (c) releases, and agrees not to sue for, all of their own claims, including claims arising from the negligence of the Released Parties; (d) on behalf of the minor, releases the Released Parties from claims arising from the inherent risks of the Activities, and, to the extent the law of the place where the Activity occurs allows, from all other claims including negligence; and (e) agrees to indemnify the Released Parties for any claim brought by or on behalf of the minor.

NOTICE TO THE MINOR CHILD’S NATURAL GUARDIAN
READ THIS FORM COMPLETELY AND CAREFULLY. YOU ARE AGREEING TO LET YOUR MINOR CHILD ENGAGE IN A POTENTIALLY DANGEROUS ACTIVITY. YOU ARE AGREEING THAT, EVEN IF World Wind Sports AND THE OTHER RELEASED PARTIES USE REASONABLE CARE IN PROVIDING THIS ACTIVITY, THERE IS A CHANCE YOUR CHILD MAY BE SERIOUSLY INJURED OR KILLED BY PARTICIPATING IN THIS ACTIVITY BECAUSE THERE ARE CERTAIN DANGERS INHERENT IN THE ACTIVITY WHICH CANNOT BE AVOIDED OR ELIMINATED. BY SIGNING THIS FORM YOU ARE GIVING UP YOUR CHILD’S RIGHT AND YOUR RIGHT TO RECOVER FROM World Wind Sports AND THE OTHER RELEASED PARTIES IN A LAWSUIT FOR ANY PERSONAL INJURY, INCLUDING DEATH, TO YOUR CHILD OR ANY PROPERTY DAMAGE THAT RESULTS FROM THE RISKS THAT ARE A NATURAL PART OF THE ACTIVITY. YOU HAVE THE RIGHT TO REFUSE TO SIGN THIS FORM, AND World Wind Sports HAS THE RIGHT TO REFUSE TO LET YOUR CHILD PARTICIPATE IF YOU DO NOT SIGN THIS FORM.

11. Electronic signature

I agree that I may sign this Waiver electronically — by ticking a box, clicking “I agree,” typing my name or signing on a screen — and that my electronic signature is legally binding and has the same effect as a handwritten signature under the U.S. Electronic Signatures in Global and National Commerce Act (ESIGN) and the Uniform Electronic Transactions Act (UETA) as adopted in the applicable state. I consent to receive this Waiver and related notices electronically and can request a paper copy from WWS at any time.

12. Duration, law and severability

This Waiver applies to every Activity I take part in from the date I sign it until I revoke it in writing, and to any Activity before that date. It is governed by the laws of the State of Florida, and disputes are resolved under the dispute-resolution section of the Terms, including individual arbitration and the class and jury waivers. This Waiver is intended to be as broad and inclusive as the law allows. If any part is held invalid, the rest continues in full force, and the invalid part will be enforced to the greatest extent permitted. This Waiver is the entire agreement on its subject and can be changed only in a writing signed by an authorised officer of World Wind Sports. No one has made any oral promise or representation to me that I have relied on.

13. Acknowledgement and signature

I HAVE READ THIS WAIVER, UNDERSTAND IT, AND SIGN IT FREELY AND VOLUNTARILY. I UNDERSTAND THAT I AM GIVING UP SUBSTANTIAL RIGHTS, INCLUDING MY RIGHT TO SUE FOR THE NEGLIGENCE OF THE RELEASED PARTIES. I AM AT LEAST 18 YEARS OLD (OR AM SIGNING AS THE PARENT OR GUARDIAN OF THE PARTICIPANT).

This page is the current text of the Waiver. You sign it at event registration, at the beach on paper, or online when you sign up for an Activity. Reading it here does not by itself sign it.