This page contains Blue Surf School's Waiver & Liability Release T&Cs which must be agreed to in order to take part in the services we provide.
The page is divided into the following sections:
- Surf Waiver and Liability Release
- Yoga Waiver and Liability Release
Please read the appropriate waiver carefully before booking any activity with Blue Surf School.
Surf Customer Waiver & Liability Release
I, being an adult (or a parent or legal guardian on behalf of a minor below 18 years old), acknowledge that:
(1) I know how to swim and I am in good health. My swimming skills are above those of a novice and I can maintain my head above water when my feet do not make contact with the bottom for extended periods of time. Likewise, I am in good physical and mental health, I am not under the influence of any drugs, alcohol, or any substances which may impair my swimming skills or my ability to take and follow instructions. I am not pregnant nor am I suffering from any spinal or skeletal defect, hearing, vision or balance impairment or other physical impairment. I understand that the foregoing representations as to my physical condition are being relied upon by the Blue Surf School. I hereby agree to follow all rules, regulations, and instructions of Blue Surf School while renting or using their equipment.
(2) Surfing may be dangerous and I accept and assume such risk: I am aware that open water activities in general, and surfing specifically, involves inherent risks. I may damage my belongings, get hurt, get injured, drown or even die. I further acknowledge that I have voluntarily chosen to rent equipment from Blue Surf School. I willingly and voluntarily assume all risks and hazards in surfing and beach related activities until the conclusion of the equipment rental period including, but not limited to those involving:
- Loss of control of surfboard, malfunction of the surfboard, falls from the surfboard, collision with other participants, equipment, other surfboards, and any other man made or natural obstacles
- Submersion in water, drowning
- Encounters with animals, marine life, plant life, rocks and insects;
- Exposure to outdoor ocean environment
- Assistant in lifting and/or carrying surfing equipment. I understand and acknowledge that the above list is not meant to be complete or exhaustive, and that other unforeseen and unanticipated risks, known or unknown, may also exist and result in damage, injury, illness, disease or death.
(3) My right to claim liability against Blue Surf School has been waived: In consideration for Blue Surf School agreeing to provide me with equipment rental or surf lessons I agree that I shall not make a claim, or bring any action against, sue, or hold responsible, Blue Surf School, its owners, employees, associates, contractors, or expect, require, or pursue them, to be held accountable for any damages.
(4) I have read this document in its entirety and it is my intention that it be broadly construed in favour of Blue Surf School in the event of any ambiguities, which shall be resolved in Blue Surf School's favour. I understand that I am assuming all the risks inherent in this surfing activity, and that I may be injured, become ill, or even die as a result of surfing. I understand that this is a release of any and all claims. I understand that this is the entire agreement between me and Blue Surf School, and that no representations have been made to me by Blue Surf School outside of this agreement. I voluntarily confirm my acceptance of all the provisions in this release and my agreement to be bound by them by ticking the consent box provided at booking.
I have read, understood, acknowledge and agree to the above declaration including the
warning, release and indemnity.
Yoga Customer Waiver & Liability Release
I, being an adult (or a parent or legal guardian on behalf of a minor below 18 years old),acknowledge that:
(1) I am participating in yoga classes (considered "Activities" for the purpose of this waiver) offered by Blue Surf School. The Activities may be offered in a physical location such as the beach or a studio, or online by video, apps or other digital media platforms.
(2) I recognize that I must be in adequate physical and mental health to participate in the Activities. I understand that the Activities may require intense physical exertion, and I represent and warrant that I am physically fit enough to participate, and I have no medical condition which would prevent my full participation in the Activities. I recognize that the Activities may cause or aggravate a physical injury or medical condition. I understand that it is my responsibility to consult with a physician before my participation in the Activities. If I have done so, I have taken the physician’s advice. I understand that the Teacher reserves the right to refuse my participation in any Activity on medical, fitness or any other grounds.
(3) I am aware that my participation in the Activities could result in high blood pressure, fainting, heartbeat disorders, physical injury, heart attack or stroke and may aggravate pre-existing injuries. I understand that I could experience muscle, back, neck and other injuries as a result of my participation in the Activities. I understand my physical limitations and I am sufficiently self-aware to stop or modify my participation in any Activity before I become injured or aggravate a pre-existing injury.
(4) In consideration of being permitted to participate in the Activities, I agree to assume full responsibility for any risks, injuries or damages, known or unknown, which I might incur as a result of participating in the Activities, including those which may result from the negligence of the Teacher.
(5) I also agree to assume full responsibility to any risks, injuries or damages associated with classes being held in an outdoor physical location. This includes any risks, injuries or damages sustained in the journeys too and from any Activities offered by Blue Surf School.
(6) In further consideration of being permitted to participate in the Activities, I knowingly, voluntarily and expressly waive any “Claim” (as defined below) I may have against the Instructor and any of Instructors' employees, independent contractors or assistants (each, a “Released Party”) that I may sustain as a result of participating in the Activities even if the Claim arises from the negligence of Released Party or anyone else.
I agree to indemnify and hold harmless Released Party from any loss, cost, or liability incurred in defending any Claim made by me or anyone making a Claim on my behalf, even if the Claim is alleged to or did result from the negligence of Released Party or anyone else.
“Claim” includes but is not limited to any and all liabilities, claims, demands, expenses, fees, legal actions, rights of actions for damages, personal injury, mental suffering and distress, or death that I may suffer, my spouse, children or unborn child may suffer (including any legal fees or expenses) in connection with participation in any Activity.
(7) I, my heirs or legal representatives forever release, waive, discharge and covenant not to sue any Released Party for any Claim caused by any negligence or other acts of any Released Party.
I acknowledge that I have carefully read this agreement in its entirety and fully understand its contents. I voluntarily and knowingly agree to the terms and conditions stated herein. I am aware that by ticking the consent box provided, I am giving up substantial rights, including my right to sue and certain legal rights my heirs, next of kin, executors, administrators and assigns may have against any Released Party.