LIABILITY WAIVER

BOARD SURFING, SKIMBOARDING, KITESURFING, KITEBOARDING AND WINDSURFING RELEASE OF LIABILITY WAIVER OF LEGAL RIGHTS AND ASSUMPTION OF RISK

In consideration for the renting, purchasing or leasing of Board Surfing, Stand Up Paddle Boarding, Kitesurfing, Kiteboarding and Surfing from RAD KITE & JET SKI and/or the utilizing of the facilities, ground school, instruction, premises, and equipment of ground instruction, flight instruction, and related activities (hereinafter collectively called : “Board Surfing”, “Stand Up Paddle Boarding” , “Kitesurfing”, “ Kiteboarding” or “Surfing” ). I hereby understand and agree to this Release Of Liability, Waiver of Legal Rights and Assumption of Risk and to the terms hereof as follows:

• I acknowledge that Board Surfing, Stand Up Paddle Boarding, Kitesurfing, Kiteboarding and Surfing is an action sport and recreational activity involving travel in three dimensions and such activity is subject to mishap and even injury to participants. I understand I may suffer a broken limb, paralysis or fatal injury while participating in the sport of Board Surfing, Stand up Paddle Boarding, Kite Surfing, Kiteboarding and Surfing.
• I further acknowledge that there are no warranties applicable to the purchase, rental or lease of Board Surfing, Stand Up Paddle Boarding, Kitesurfing, Kiteboarding and Surfing equipment by me and that all warranties whether expressed or implied are excluded. THERE IS NO WARRANTY OF MERCHANTABILITY OR THAT THE SAID BOARD SURFING, STAND UP PADDLE BOARDING, KITESURFING, KITEBOARDING AND SURFING EQUIPMENT IS FIT FOR ANY PURPOSE, and that I am accepting the said Board Surfing, Stand up Paddle Boarding, Kitesurfing, Kiteboarding and Surfing equipment as is and I hereby acknowledge that I will personally examine the said equipment prior to my using tof the same.
• I hereby RELEASE AND DISCHARGE RAD KITE & JET SKI, Kampgrounds of America, Inc. and their officers, directors, elected officials, agents, employees, instructors, pilots and owners of equipment and the land used for Board Surfing, Stand Up Paddle Boarding, Kitesurfing, Kiteboarding and Surfing ( “hereinafter collectively referred to as “Released Parties” ),from any and all liability, claims, demands or causes of action that I may hereafter have for injuries/damages arising out of my participation in Board Surfing, Stand Up Paddle Boarding, Kitesurfing, Kiteboarding and Surfing activities, including, but not limited to, losses CAUSED BY THE NEGLIGENCE OF THE RELEASED PARTIES. The said parties are not released from GROSS NEGLIGENCE
• I understand and acknowledge that Board Surfing, Stand Up Paddle Boarding, Kitesurfing, Kiteboarding, and Surfing activities have inherent dangers that no amount of care, caution, instruction, or expertise can eliminate and I EXPRESSLY AND VOLUNTARILY ASSUME ALL RISK OF DEATH OR PERSONAL INJURY FROM BOARD SURFING, STAND UP PADDLE BOARDING, KITESURFING, KITEBOARDING AND SURFING ACTIVITIES WHETHER OR NOT CAUSED BY THE NEGLIGENCE OF THE RELEASE PARTIES

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 participation in Board Surfing, Stand Up Paddle Boarding, Kitesurfing, Kiteboarding and Surfing activities

• I also agree to INDEMNIFY AND HOLD THE RELEASED PARTIES HARMLESS from all claims, judgements, and costs, including attorney’s fees incurred in connection with any action brought as a result of my participation in Board Surfing, Stand Up Paddle Boarding, Kitesurfing, Kiteboarding and Surfing activities.
• I will take full responsibility for and hold harmless Released Parties for any injury that I may suffer or inflict upon others or their property as result of my engaging in Board Surfing, Stand Up Paddle Boarding, Kitesurfing, Kiteboarding and Surfing activities.
• I agree that I will operate the said Board Surfing, Stand Up Paddle Boarding, Kitesurfing, Kiteboarding and Surfing equipment in a reasonable and safe manner so as not to endanger the lives of persons or property of any individual.
• I have read and understand the above and acknowledge that the same constitutes a release of liability and a waiver of my legal rights and also acknowledgement of the assumption of liability by me of all risks arising out of my engaging in Board Surfing, Stand Up Paddle Boarding, Kitesurfing,Kiteboarding, and Surfing activities.
• I further represent that this Release Of Liability, Waiver of Legal Rights and ASsumption of Risk shall continue in full force and effect for so long as I engage in Board Surfing, Stand Up Paddle Boarding, Kitesurfing, Kiteboarding, and Surfing activities which are in any way connected to or with the Released Parties.
• I further represent that I am at least 18 years of age, or that as the parent or (adult) legal guardian, I waive and release any and all legal rights that may accrue to me, to my minor child or to the minor child or whom I am (adult) legal guardian or I may suffer while engaging in Board Surfing, Stand Up Paddle Boarding, Kitesurfing, Kiteboarding and Surfing activities.
• I hereby expressly recognize that this Release Of Liability, Waiver of Legal Rights and Assumption of Risks is a contract pursuant to which I have released any and all claims against the Released Parties resulting from participation in Board Surfing, Stand Up Paddle Boarding, Kitesurfing, Kiteboarding and Surfing activities including any claims by the negligence of the Released Parties by any other undersigned.

I HAVE READ THIS RELEASE OF LIABILITY, WAIVER OF LEGAL RIGHTS AND ASSUMPTION OF RISK AND FULLY UNDERSTAND ITS CONTENTS I SIGN IT OF MY OWN FREE WILL AND AGREE TO BE BOUND BY IT.