WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT
VENTURA MAKOS SURF CAMP, INC.
Waiver: I have chosen to voluntarily participate in the Ventura Makos Surf Camp (“The Activity”).
In return for being permitted to participate in the Activity, including any associated use of the
premises, facilities, staff, equipment, transportation, and services of Ventura Makos and
Silverstrand Surf School, I, for myself, heirs, personal representatives, and assigns, do hereby
release, waive, discharge, and promise not to sue or bring any claims against Ventura Makos Surf
Camp, Inc., its directors, officers, employees, and agents (“Ventura Makos”), from liability from
any and all claims, including the negligence or strict liability of Ventura Makos, resulting in
personal injury (including death), accidents or illnesses, property loss and exposure to
COVID-19, in connection with my participation in the Activity, the negligence or other acts,
whether directly connected to these activities or not, and however caused, by any Releasee,
and any use of Ventura Makos instruction, equipment, premises and facilities. This Waiver of
Liability, Assumption of Risk and Indemnity Agreement is referred to hereinafter as the
Agreement to Follow Instructions: I agree to follow the rules for the Activity
provided to me and to follow directions given to me by the leaders of the Activity.
Assumption of Risks: Participation in the Activity carries with it certain inherent risks that
cannot be eliminated regardless of the care taken to avoid injury. The specific risks vary from
one activity to another, but the risks range from (1) minor injuries such as scratches, bruises,
and sprains, to (2) major injuries such as eye injury, joint, tendon, ligament or bone injuries,
heart attacks, and concussions, to (3) catastrophic injuries such as paralysis, brain damage and
death, (4) exposure to COVID-19. To the best of my knowledge, I am currently in good physical
health and condition, and fully able to participate in all Ventura Makos activities.
COVID-19: An inherent risk of exposure to COVID-19 exists in any public place where people are
present. COVID-19 is an extremely contagious disease that can lead to severe illness and death.
According to the Centers for Disease Control and Prevention, senior citizens and participants
with underlying medical conditions are especially vulnerable. By attending Ventura Makos Surf
Camp, Inc. surf camps, including Silverstrand Surf School, you voluntarily assume all risks
related to exposure to COVID-19.
Indemnification and Hold Harmless: I also agree to indemnify and hold Ventura Makos
harmless from any and all claims, actions, suits, procedures, costs, expenses, damages and
liabilities, including attorney’s fees, arising out of my involvement in Ventura Makos, and to
reimburse it for any such expenses incurred.
Severability: I further agree that this Waiver of Liability, Assumption of Risk, and Indemnity
Agreement is intended to be as broad and inclusive as permitted by law, and that if any portion
is held invalid the remaining portions will continue to have full legal force and effect.
Governing Law, Jurisdiction, and Attorney Fees: This Agreement shall be governed by the laws of
the State of California, and any disputes arising out of or in connection with this Agreement
shall be under the exclusive jurisdiction of the Courts of the State of California, County of
Ventura. In any claim or litigation regarding this Agreement or the Activity, I agree that the
non-prevailing party will pay all reasonable attorney’s fees and costs resulting therefrom.
Acknowledgment of Understanding: I have read this Waiver of Liability, Assumption of Risk,
and Indemnity Agreement, fully understand its terms, and understand that I am giving up substantial
rights, including my right to sue.
Parent or Guardian: I verify that the dangers of the Activity and the significance of this Agreement
were explained to the Participant and that the Participant understood them. I have carefully read
and understand the foregoing Agreement and in consideration of the minor child being permitted to
participate in the Activity, I accept and agree to the terms of this Agreement. I certify that I
have the authority to sign on behalf of the minor child and to make decisions for the minor child
regarding this Activity.