TANDM Surf Tour DEMO
Release of Claims Agreement:
This is a legally binding agreement Please read carefully.
(This is a legally binding agreement, which will bar your ability to sue for injuries you may receive while demonstrating the TANDM Surf boards. Please read this Agreement carefully and do not sign unless you agree to all of the terms)
Safety Warning And Assumption of Risk
Participants are advised that they should be in good physical condition, because using these boards may involve strenuous physical activity. Participants are further advised that you are using the TANDM Surf boards in a natural environment, in conditions that are subject to change at any time and without prior warning. “Aspects of the environment which may be hazardous include, but are not limited to the following: submerged rocks, inshore holes, sand bars, strong currents, strong wave action, cross currents, rip currents, marine life, sharks and hazards caused by other people or objects.” I acknowledge that water based activities, such as using the TANDM Surf boards on waves, lakes or other places is an inherently dangerous sport in which I participate at my own risk. There is an inherent risk of serious injury and death in connection with using TANDM Surf boards, and I expressly assume the risks for any damages to myself, any other persons or property resulting from my participation using the TANDM Surf boards.
Release of Liability and Waiver of Claims
For and in consideration of permitting the undersigned participant to participate in the TANDM Surf board demonstration organized by TANDM Surf (The “Released Parties”) the Undersigned hereby voluntarily releases, discharges, waives and relinquishes any and all actions or causes of action for personal injury, property damage or wrongful death occurring to him/herself arising as a result of engaging in, receiving instructions regarding said activities and participating any activities incidental thereto wherever or however the same may occur and for whatever period said activities or content creation activities may continue, and the Undersigned does for him/ herself, his/her heirs, executors, administrators and assigns hereby release, waive, discharge and relinquish any action or causes of action, aforesaid, which may hereafter arise for him/herself and for his/her estate, and agrees that under no circumstances will he/she or his/her heirs, executors, administrators and assigns prosecute, present any claim for personal injury, property damage or wrongful death against TANDM Surf, TANDM Inc.or any of its officers, agents, servants or employees for any of said causes of action, whether the same shall arise by the negligence of any of said persons, co-participants or otherwise. IT IS THE INTENTION OF THE UNDERSIGNED PARTICIPANT BY THIS INSTRUMENT, TO EXEMPT AND RELIEVE TANDM Surf and TANDM Inc. FROM ANY LIABILITY WHATSOEVER FOR ANY PERSONAL INJURY, PROPERTY DAMAGE OR WRONGFUL DEATH CAUSED BY PASSIVE OR ACTIVE NEGLIGENCE OF THE RELEASED PARTIES.
The Undersigned acknowledges that he/she has read the foregoing paragraph, has been fully and completely advised of the potential dangers incidental to engaging in the activity and content creation activities offered by the Released Parties, and is fully aware of the legal consequences of signing the Release of Claims Agreement. I ACKNOWLEDGE THAT BY SIGNING THIS RELEASE OF CLAIMS AGREEMENT, THAT I AM GIVING UP AND WAIVING THE RIGHT TO PURSUE A CLAIM AND FILE A LAWSUIT AGAINST THE RELEASED PARTIES IF I AM IN WAY INJURED OR KILLED DURING THIS EVENT.
Participant and TANDM Surf understand and agree that this is a “Rain or Shine” event, and that any compensation due hereunder is in no way affected by inclement weather. TANDM Surf also reserves the right to stop, cancel or postpone the event should the weather or any other act beyond the control of TANDM Surf occur which, in the sole and absolute discretion of TANDM Surf might endanger or otherwise risk the safety and wellbeing of staff, vendors, participants and/or spectators of the event. If the activity is stopped, cancelled or postponed there shall be no reimbursement of any compensation paid hereunder.
(This paragraph must be signed by the parent or guardian of any competitor under the age of eighteen (18) and this form must be signed by such parent or guardian)
I/We, the undersigned, do agree on behalf of my/our minor child/ward, to be bound by the terms and conditions of this release form. We hereby waive any and all claims that could be asserted by the minor, including, but not limited to any claims which may arise under the Code of Civil Procedure proving for an action by the parents/guardian of an injured minor. I/we have explained the consequences of this release to the minor and I/We understand that in the event the minor is injured or killed in a TANDM Surf event, I/we will not be able to bring any claim for damages for any injury to or the loss of life of the minor.
Photograph, Film and Video Authorization
In consideration for TANDM Surf allowing me to demonstrate the TANDM Surf boards, on behalf of myself, my heirs, assigns and personal representatives, I hereby agree and consent to my likeness being preserved in photographs, film, video or other electronic means. I further agree that my likeness may be used by the businesses representing TANDM Surf and TANDM Surf products, without any payment to me, for any purpose, including, but not limited to: advertising, news media, commercial use and sales.
The undersigned represents that all of the statements set forth herein are true and correct, and I declare under penalty of perjury that I have read and understand each and every part of this Agreement and that I am executing the same of my own free will, and without and cohersion by the Released Parties.