FLOW SURF ACADEMY, INC.
VOLUNTEER AGREEMENT AND RELEASE OF LIABILITY
NOTICE: THIS RELEASE AFFECTS YOUR LEGAL RIGHTS. PLEASE READ IT VERY CAREFULLY AND UNDERSTAND IT BEFORE YOU SIGN.
This Volunteer Agreement and Release of Liability (this "Release") is for the benefit of Flow Surf Academy, Inc., a California nonprofit, and its officers, directors, volunteers, surf instructors, representatives, agents, sureties, and assigns (collectively, "Nonprofit"). By signing in the space provided below, I unconditionally agree, on behalf of myself, my minor children volunteering in the Activity (as defined below), and our collective heirs, personal representatives, executors, administrators, guardians, and assigns, to all of the terms set forth in this Release.
1. Description of the Activity. Nonprofit provides transformational surfing experiences to children, adults, and families with special needs and other persons needing therapeutic services through events such as Flow Camp and Wave Warriors. During these events, volunteers may engage in activities such as surfing, tandem surfing, water safety instruction, beach safety instruction, beach operations and cleanup, beach photography, water photography, ariel photography, athlete assistance, administrative duties, event set up and event breakdown (collectively, the "Activity"). Volunteering may include encountering rocks, reefs, rip currents, floating debris, surfboards, ocean life, participants, other volunteers, and various marine animals. The Activity may also include Nonprofit transporting participants and volunteers by motor vehicle to and from the location where the Activity takes place.
2. Assumption of Risks. I, on behalf of myself, my minor children volunteering in the Activity, and our collective heirs, personal representatives, executors, administrators, guardians, and assigns, acknowledge that: (a) there are known and unknown risks inherent in and related to the Activity and that no amount of care, caution, instruction or expertise can eliminate the risks, which risks include, but are not limited to, (i) environmental hazards, including, but not limited to, extreme heat, extreme cold, fog, rain, thunderstorms, wind, tsunamis, earthquakes, changing weather, rocks, reefs, rip currents, floating debris (including surfboards), oil spills, other marine contamination (including toxic algae), falling rocks, erosive cliff edges, ocean life (including sharks, sea lions, stingrays, jellyfish), slippery trails and roads; and other dangerous conditions; (ii) errors in judgment, or other negligence, by participants, volunteers, third parties, or others; (iii) misinformation, miscommunications, and instructions or the lack thereof; (iv) equipment malfunction or equipment misuses, including, but not limited to, misuse of surfboards; and (v) vehicle collisions, rollovers, and fires; and (b) volunteering in the Activity may result in (i) theft, damage to, and destruction of personal property (including wallets, purses, cell phones, surfboards and other beach/ocean equipment, vehicles); (ii) emotional injuries (ranging from simple hurt feelings to panic and psychological trauma); (iii) minor physical injuries (such as scratches, bruises, sprains, insect bites, sunburn, dizziness, lightheadedness, nausea, muscle cramping, extreme fatigue); (iii) major physical injuries (such as hypothermia [dangerous drop in body temperature], hyperthermia [dangerous increase in body temperature], shark bites, jellyfish or stingray stings, ingestion of contaminated ocean water, contraction of COVID-19 or other contagious diseases, concussions, other head injuries, broken bones, loss of hearing, loss of vision, loss of limbs, and temporary or permanent brain damage, prolonged submersion underwater and drowning); and (iv) death.
I, ON BEHALF OF MYSELF, MY MINOR CHILDREN VOLUNTEERING IN THE ACTIVITY, AND OUR COLLECTIVE HEIRS, PERSONAL REPRESENTATIVES, EXECUTORS, ADMINISTRATORS, GUARDIANS, AND ASSIGNS, AM VOLUNTEERING AGREEING TO VOLUNTEER IN THE ACTIVITY DESPITE THE KNOWN AND UNKNOWN RISKS, AND AM AGREEING TO FULLY, COMPLETELY, AND UNCONDITIONALLY ASSUME ANY AND ALL RISKS ASSOCIATED WITH VOLUNTEERING IN THE ACTIVITY.
3. Medical Concerns. I hereby acknowledge that the Activity is designed for volunteers of at least average mobility and strength who are in reasonably good health; individuals with any medical problems or concerns (including, but not limited to, neck, back or shoulder problems, injuries, pains or instability; cardiac conditions or diseases; obesity; high blood pressure; pulmonary problems; arthritis; physiological, psychological and psychiatric problems) may increase any risks of the Activity and cause the volunteer to be a danger to themselves or others at the location of the Activity; and individuals with any underlying medical problems or concerns that put them at a greater risk of injury or illness during the Activity must carefully consider those risks before choosing to volunteer and fully inform the Nonprofit's staff, in writing, prior to the beginning of the Activity.
4. Safety Procedures. I, on behalf of myself and my minor children volunteering in the Activity, agree to listen to and follow the rules, guidelines, and safety procedures for volunteering in the Activity, including, but not limited to, (a) being physically, mentally, psychologically, physiologically and emotionally capable of volunteering in the Activity; (b) obeying all safety instructions provided to me by Nonprofit's instructors and staff; (c) wearing all the required safety equipment; and (d) not volunteering in the Activity while under the influence of alcohol, drugs, medication, or any other substance that might impair judgment, physical capability, or which may cause danger to others. I understand that failure to follow safety procedures will result in the inability to volunteer in the Activity.
5. Emergency Care. I give Nonprofit permission to arrange for any medical treatment if I or my minor children are injured while volunteering in or otherwise in connection with the Activity. Specifically, Nonprofit shall have the power to: (a) seek medical treatment on my behalf and on behalf of my minor children as may be required by the circumstances, including, without limitation, that of a licensed medical physician and/or a hospital; (b) authorize medical treatment or medical procedures in an emergency situation; and (c) make appropriate decisions regarding clothing, bodily nourishment, shelter, and other basic care in the event of an emergency. I agree that I am financially responsible for any and all costs incurred as a result of the aforementioned medical treatments, medical procedures, and emergency accommodations. If Nonprofit incurs any emergency expenses on my behalf or on behalf of my minor children, I agree to reimburse Nonprofit in full for such costs within ninety (90) calendar days of written notice.
6. Photo, Video, and Audio Release. I grant Nonprofit permission to use my likeness and my minor children's likeness in photographs, video recordings, audio recordings or electronic images for any promotional and other legal purpose, without compensation of any kind. I understand and agree that these materials are the sole and exclusive property of Nonprofit, that I do not retain any ownership or license rights whatsoever in the images, and the images and material containing the images will not be returned to me. I irrevocably authorize Nonprofit to edit, alter, copy, exhibit, publish or distribute these images for purposes of publicizing Nonprofit and its activities and programs; educational purposes; fundraising purposes; and any other lawful purpose. In addition, I waive the right to inspect or approve the finished product, including written or electronic copy, wherein my likeness or the likeness of my minor children appears. I, on behalf of myself and my minor children volunteering in the Activity, and our collective heirs, personal representatives, executors, administrators, guardians, and assigns, hold harmless, release, and forever discharge Nonprofit from all claims, demands, and causes of action which we have or may have by reason of this authorization.
7. Waiver and Release of Liability. I, on behalf of myself and my minor children volunteering in the Activity, and our collective heirs, personal representatives, executors, administrators, guardians, and assigns, forever waive, release, relinquish, acquit and discharge Flow Surf Academy, Inc. and its officers, directors, volunteers, surf instructors, representatives, agents, sureties, and assigns from any and all claims, liabilities, causes of action, administrative proceedings, demands, penalties, damages, lawsuits, and costs (including attorneys' fees and expert fees) of whatever nature, character, type, and description ("Claims") arising from the Activity. I acknowledge, understand, and agree that the term "Claims" includes, but is not limited to, claims due to property loss, economic loss, personal injury, psychological injury, accident, illness, and death, and the application or lack of application of first aid, medical treatment, and medical service, whether caused by the actions, omissions, fault, conduct, or negligence of Nonprofit or third parties (such as affiliated and nonaffiliated independent contractors and other participants). I understand and agree that I am voluntarily waiving and forgoing the right to sue Nonprofit for any Claims related to my volunteering or my child's/children's volunteering in the Activity and I intend for this waiver to release the Nonprofit from liability to the maximum extent permitted by applicable law.
FURTHER, I, ON BEHALF OF MYSELF AND MY MINOR CHILDREN VOLUNTEERING IN THE ACTIVITY, AND OUR COLLECTIVE HEIRS, PERSONAL REPRESENTATIVES, GUARDIANS, AND ASSIGNS, AM AWARE OF AND SPECIFICALLY WAIVE THE PROVISION OF THE CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY."
8. Miscellaneous. This Release shall be governed by California law for all procedural and substantive matters. The venue for any proceeding interpreting or enforcing this Release shall be Ventura County, California, and in the event of any litigation regarding this agreement, I irrevocably agree to submit myself and anyone acting on my behalf to the jurisdiction of the Ventura County Superior Court. If any portion of this Release is held by such court to be invalid or unenforceable, I agree to continue to be bound by the remaining terms. No oral representations or inducements apart from this written agreement have been made. This Release shall apply to every Activity in which I volunteer and in which my minor children volunteer.
ON BEHALF OF MYSELF AND MY MINOR CHILDREN VOLUNTEERING IN THE ACTIVITY, I HAVE CAREFULLY READ THIS ENTIRE DOCUMENT AND UNDERSTAND ITS TERMS AND LEGAL SIGNIFICANCE. THIS RELEASE IS FREELY AND VOLUNTARILY GIVEN WITH THE UNDERSTANDING THAT RIGHT TO LEGAL RECOURSE AGAINST FLOW SURF ACADEMY, INC. IS KNOWINGLY GIVEN UP IN RETURN FOR ALLOWING PARTICIPATION IN THE ACTIVITY.
