Effective, January 27, 2014
Updated, July 28, 2021
Waiver and release of Liability agreement
INFORMED CONSENT FORM, RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT (herein the “Release Agreement”)
Surf Strong Fit LLC (herein known as Surf Strong Fit)
I have voluntarily enrolled in a surf fitness training program (herein known as “Program”) offered through the Surf Strong Fit website. I recognise that the Program may involve strenuous physical activity including, but not limited to, surfing, bosu balls, flexibility, mobility, strength, stability, breathe techniques, body control, and other various fitness and sports activities (collectively, the “Surf Training Activities”).
I hereby affirm that I am in good physical condition and do not suffer from any known disability or condition which would prevent or limit my participation in the Program or Surf Training Activities. I have been advised that an examination by a physician should be obtained by anyone prior to commencing a fitness and/or exercise program, or initiating a substantial change in the amount of regular physical activity performed. If I have chosen not to obtain a physician’s consent prior to beginning the Program, I hereby acknowledge and agree that I am doing so solely at my own risk. I understand that it is my sole responsibility to participate in exercises that are appropriate for the current status of my health. If I have any questions or concerns about whether or not a particular activity is appropriate to my current health status, I understand it is my responsibility to ask my doctor if this activity is appropriate before I participate in such activity.
The information and contents of this course are for informational and educational purposes only. Nothing found on the Surf Strong Fit website, App, or the Program is intended to be a substitute for professional or medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition or disorder. Reliance on any information provided by Surf Strong Fit is solely at your own risk.
I agree not to hold Surf Strong Fit and their directors, officers, employees, agents, contractors, representatives, successors and assigns (collectively, the “Releasees”) responsible for the actions or omissions of the other program participants. I have been informed, understand, and am aware that the Surf Training Activities, including the use of equipment, are potentially hazardous activities. I also have been informed, understand, and am aware that the Surf Training Activities involve a risk of injury and that I am voluntarily participating in these activities and using equipment with full knowledge, understanding, and appreciation of the dangers involved and freely accept and fully assume all such risks.
Notice Regarding Medical Advice
SURF STRONG FIT DOES NOT PROVIDE MEDICAL ADVICE. Surf Strong Fit is an educational service that provides general health information and is intended only to assist users in their nutrition and exercise plan. Surf Strong Fit is not a medical organization and our staff will not give you medical advice or diagnosis. Nothing contained on this website should be construed as medical advice or diagnosis. The information and materials provided by us should not be interpreted as a substitute for physician consultation, evaluation, or treatment, nor as an endorsement of any Third Party Sellers products or services.
You are urged and advised to seek the advice of a physician before beginning any weight loss effort or exercise regimen. This Website is intended for use only by healthy adult individuals. The Website is not intended for use by those under the age of 18 (or the age of majority in the jurisdiction where you reside) pregnant women, or individuals with any type of health condition. Such individuals are strongly discouraged from using this website and are specifically warned to seek professional medical advice prior to initiating any form of weight loss effort or exercise regimen. Never disregard professional medical advice or delay in seeking it because of something you have read on this website.
If you think you may have a medical emergency, call your doctor or your local emergency response number immediately. Surf Strong Fit does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on this Website. This Website may contain health-or medical-related materials that you may deem sexually explicit. If you find these materials offensive, you may not want to use our Website.
Release of liability, waiver of claims and indemnity agreement
In consideration of the Releases allowing me to participate in the Program, I hereby agree as follows:
I hereby waive any and all claims, costs, liability and expense for any injury, loss or damage including death whether known, anticipated or unanticipated against the Releasees arising from my participation and enrolment in the Program or Surf Training Activities.
To hold harmless and indemnity the Releases from any and all liability for any property damage or personal injury to any third party resulting from my participation in the Program or Surf Training Activities.
This Release Agreement shall be effective and binding upon my heirs, next of kin, executors, administrators, assigns and representatives, in the event of my death or incapacity.
This Release Agreement and any rights, duties and obligations as between the parties to this Release Agreement shall be governed by and interpreted solely in accordance with the laws of the State of California, United States, govern this agreement. You submit to the exclusive jurisdiction of the Courts of the State of California and any litigation involving the parties to this Release Agreement shall be brought solely within the State of California, United States.
I ACKNOWLEDGE THAT I HAVE THOROUGHLY READ THIS AGREEMENT IN ITS ENTIRETY AND FULLY UNDERSTAND IT. I UNDERSTAND THAT IT CONTAINS A RELEASE OF LIABILITY. BY ACKNOWLEDGING RECEIPT OF THIS DOCUMENT, I AM WAIVING CERTAIN RIGHTS I OR MY SUCCESSORS MIGHT HAVE TO BRING A LEGAL ACTION OR ASSERT A CLAIM AGAINST THE RELEASEES.