PARTICIPATION, ASSUMPTION OF RISK AND RELEASE AGREEMENT

Welcome to Seven Brothers Marketplace, LLC.  As part of our customary practice, we ask all participants in our programs to execute this Participation, Assumption of Risk and Release Agreement (Agreement).

I acknowledge that surfing (Surfing) entails known and unanticipated risks that could result in physical and/or emotional injury, paralysis, death, and/or damage to myself, to property, and/or to third parties. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of Surfing. 

These known and unknown risks include, among other things: Being hit by the board, other surfers or their boards, which could result in cuts, bruises and/or abrasions and concussions; hitting the bottom of the ocean; sprain, broken bones, paralysis, death; exhaustion, dehydration, sunburn, exposure to poisonous and/or carnivorous sea creatures, and accidental drowning (collectively, Risks). 

In consideration of the services of Seven Brothers Surf Adventures, their agents, owners, officers, volunteers, participants, employees, and all other persons or entities acting in any capacity on their behalf (hereinafter collectively referred to as Seven Brothers Surf Adventures, I acknowledge and agree to assume the Risks associated with Surfing. My participation in this activity is purely voluntary, and I elect to participate in spite of the Risks. 

I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless Seven Brothers Surf Adventures  from any and all claims, demands or causes of action, which are in any way connected with my participation in this activity or my use of Seven Brothers Surf Adventures equipment and/or facilities. 

Should Seven Brothers Surf Adventures or anyone acting on their behalf, be required to incur attorney’s fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs. 

I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating, or else I agree to bear the costs of such injury or damage myself. I further certify that I am willing to assume the risk of any medical or physical condition I may have.

I understand that at this event or related activities, I may be photographed. I give Seven Brothers Surf Adventures permission, in connection with any photographs taken during the lesson of me or in which I am included with others, the right to use and reuse, in any manner at all, photographs in whole or in part, either by themselves or conjunction with other photographs, in any medium and for purposes whatsoever., including without limitation, all promotional and advertising uses, and other trade purposes. I hereby release Seven Brothers Surf Adventures from any and all claims, actions and demands arising out of or in conjunction with use of said photographers.

In the event that I file a lawsuit against Seven Brothers Surf Adventures, I agree to do so solely in the State of Hawaii and I further agree that the substantive law of Hawaii shall apply in that action without regard to the conflict of law rules of that State. I agree that if any portion of this Agreement is found to be void or enforceable, the remaining portions shall remain in full force and effect. 

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 to have waived my right to maintain a lawsuit against Seven Brothers on the basis of agreeing to the terms of this Agreement. I have had sufficient opportunity to read this entire document. I have read and understood it, and agree to be bound by its terms.