The perfect way to learn how to ride.

SPORT PARTICIPANT RELEASE OF LIABILITY, WAIVER OF CLAIMS, EXPRESS ASSUMPTION OF RISK AND INDEMNITY AGREEMENT

Please read and be certain you understand the implications of signing. By signing below, you are confirming your agreement and understanding of what is stated below.

Express Assumption of Risk Associated with Sport, Venue Use and Related Activities.

I do hereby affirm and acknowledge that I have been fully informed of the inherent hazards and risks associated with activities with Thrill Mouse Moto LLC, Jetsurf Motorized Surf Boarding, and transportation of this equipment related to the activities, and traveling to and from activity sites in which I am about to engage.

Inherent hazards and risks include but are not limited to:

1. Risk of injury from the activity and equipment utilized is significant including the potential for broken bones severe injuries to the head neck back and/or surfers myelopathy drowning or other bodily injuries that my result in permanent disability or death
2. Possible equipment failure and/or malfunction or misuse of my own or others equipment, which may result in injury, including those injuries described above.
3. I AGREE THAT I WILL WEAR APPROVED PROTECTIVE GEAR.
   However, I understand that protective gear cannot guarantee the participants safety. I further agree that no helmet can protect the wearer against all potential head injuries or prevent injury to: the wearers face neck spinal cord or from surfer’s myelopathy
4. Variation in terrain, wind, temperature and water conditions, including but not limited to waves, currents, shore break, tides, marine life, blowing sand, trees, rocks, other persons and their equipment, and other natural and man-made hazards.
5. My own negligence and/or the negligence of others including but not limited to operator error and instructor/guide decision-making including misjudging ocean conditions, weather, equipment or obstacles.
6. Exposure to the elements and temperature extremes may result in heat exhaustion, heat stroke, sunburn, hypothermia and dehydration
7. Dangers associated with exposure to natural elements included but not limited to tsunami, hurricane, inclement weather, thunder and lightning, severe and/or varied winds, temperature, sea conditions and marine life.
8. Fatigue, exhaustion, chill, and/or dizziness, which may diminish my/our reaction time and increase the risk of accident.
9. Impact or collision with other participants, athletes, spectators, employees, pedestrians, motor vehicles, and cyclists.

I understand the description of these risks is not complete and unknown or unanticipated risks may result in injury, illness, or death.

Release of Liability, Waiver of Claims and Indemnity Agreement

In consideration for being permitted to participate in the above described activity(ies) and related activities

I hereby agree, acknowledge and appreciate that:

1. I HEREBY RELEASE AND HOLD HARMLESS WITH RESPECT TO ANY AND ALL INJURY, DISABILITY, DEATH, or loss or damage to person or property, WHETHER CAUSED BY NEGLIGENCE OR OTHERWISE, the following named persons or entities, herein referred to as releasees. Thrill Mouse Moto LLC. & agree to release the releasees, their officers, directors, employees, representatives, agents, and volunteers from any and all liability and responsibility whatsoever and for any claims or causes of action that I, my estate, heirs, survivors, executors, or assigns may have for personal injury, property damage, or wrongful death arising from the above activities whether caused by active or passive negligence of the releasees or otherwise. By executing this document, I agree to hold the releasees harmless and indemnify them in conjunction with any injury, disability, death, or loss or damage to person or property that may occur as a result of my engaging in the above activities.
2. By entering into this Agreement, I am not relying on any oral or written representation or statements made by the releasees, other than what is set forth in this Agreement.
3. This agreement shall apply to any and all injury, disability, death, or loss or damage to person or property occurring at any time after the execution of this agreement.
4. The use by me of any equipment (the Equipment) provided by Thrill Mouse Moto LLC constitutes my acceptance of the Equipment, on a temporary lease basis in As Is condition, without any representation or warranty whatsoever. I will immediately pay Thrill Mouse Moto LLC any damage, destruction or loss of any of the Equipment. If I fail to return to Thrill Mouse Moto LLC any or all of the Equipment, I will immediately reimburse Thrill Mouse Moto LLC for the full replacement cost of the unreturned Equipment and, if Thrill Mouse Moto LLC made any effort to search for or locate the unreturned Equipment, I will immediately pay Thrill Mouse Moto LLC for that effort.
5. If any provision of this Agreement is determined to be unenforceable for any reason, all other provisions of this Agreement will remain in full force and effect. The provisions of this Agreement will survive any termination, cancellation, expiration or conclusion of the Activities. This Agreement incorporates the entire understanding and agreement between me and Thrill Mouse Moto LLC.

This release shall be binding to the fullest extent permitted by law. If any provision of this release is found to be unenforceable, the remaining terms shall be enforceable.

I HAVE READ THIS RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT, I FULLY UNDERSTAND ITS TERMS, I UNDERSTAND THAT I HAVE GIVEN UP LEGAL RIGHTS BY SIGNING IT, AND I SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.

FOR PARTICIPANTS OF MINORITY AGE: This is to certify that I, as Parent, Legal Guardian, Temporary Guardian with legal responsibility for this participant, do consent and agree not only to his/her release of all Releasees, but also to release and indemnify the Releasees from any and all liabilities incident to his/her involvement in these programs for myself, my heirs, assigns, and next of kin. If Participant is a Minor, and by their signature, they on my behalf, release all claims that both they and I have.

I further agree that if, despite this Agreement, I, or anyone on my behalf, make a claim for Liability against any of the Released Parties, I will indemnify, defend, and hold harmless each of the Released Parties from any such Liability which any may be incurred as a result of such a claim. I hereby warrant that I have read this Agreement carefully, understand its terms and conditions, acknowledge that I will be giving up substantial legal rights by signing it (including the rights of the minor, my spouse, children, parents, guardians, heirs and next of kin, and any legal and personal representatives, executors, administrators, successors and assigns), acknowledge that I have signed this Agreement freely and voluntarily, without any inducement, assurance or guarantee, and intend for my signature to serve as confirmation of my complete and unconditional acceptance of the terms, conditions and provisions of this Agreement. This Agreement represents the complete understanding between the parties regarding these issues and no oral representation, statements, or inducements have been made apart from this Agreement. If any provision of this Agreement is held to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.