VB Ocean Vibes, LLC

Sport Participant release of liability for kiteboarding, wing surfing, freeskating and wing sup boarding form

Please provide a printed and signed copy of this waiver form to your instructor before a lesson.

Sport participant release of liability, waiver of claims, express assumption of risk and indemnity agreement

Please read and be certain that you understand the implications of signing.

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 risks associated with VB Ocean Vibes, LLC and Bell Isle Marina transportation of 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:

Risk of injury from the activity and equipment is significant, including the potential for broken bones, severe injuries to the head, neck and back or other bodily injuries that may result in permanent disability and death.  Initial ______

Possible equipment failure and/or malfunction or misuse of my own or others’ equipment. Initial _____

I agree that I will wear protective gear as decreed by the governing body of the sport I am participating in. However, protective gear cannot guarantee the participant’s safety. I further agree that no helmet can protect the wearer against all potential head injuries or prevent injury to the wearer’s face, neck or spinal cord. Initial ____

I understand that kitesurfing is an inherently extreme sport, and I assume all responsibility for any damages that occur during the lesson or as a result of the lesson. Initial _____

I understand that unanticipated risks may result in injury, illness or death.  Initial _____

RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT

I hereby release and hold harmless with respect to any and all injury, disability, death, or loss or damage to person or property, whether cause by negligence or otherwise, the following named persons or entities, herein referred to as releases: VB Ocean Vibes, LLC and Bell Isle Marina

Signature: __________________________  Date: __________________________

To release the releasees, their officers, directors, employers, representatives, agents and volunteers from 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. Initial ____

By entering into this Agreement, I am not relying on any oral or written representation or statements made by the releases, other than what is set forth in this Agreement. Initial  _____

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.  Initial _____

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 items shall be enforceable.  Initial _____

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.

Signature:                                                           Date:

Parent/Guardian Signature:__________

Date:___________________

Declaration of Fitness to Wing Surf/ Wing SUP/ Kiteboard/ Freeskate

I hereby declare that I am physically fit. I do not, and have not, suffered from any of the following conditions, which I understand may lead to a dangerous situation with regard to other persons or myself during Wing Surf/Wing SUP/ Kiteboard/Freeskate lessons with VB Ocean Vibes, LLC. and Bell Isle Marina

Epilepsy, fits, severe head injury, recurrent blackouts or giddiness, disease of the brain or nervous system, high blood pressure, lung or heart disease, recurrent weakness or dislocation of any limb, diabetes, mental illness, drug or alcohol addiction, recent back injury, arthritis and severe joint sprains, chronic bronchitis, asthma, rheumatic fever, thyroid adrenal or other glandular disorder, recent blood donation or any condition that requires the regular use of drugs.

I hereby declare that I have no physical or mental condition that should preclude me from participating in my chosen activity, that I am not participating against medical advice or treatment, and that I have not been diagnosed by a registered doctor as having a terminal illness.

Even if I have a health condition as stated above of which I am unaware, by signing this form I still choose to participate in the activity of Water Ski/ Wake Board and agree to waive all responsibilities to all above mentioned parties concerning any consequences that would result from my actions.

I further declare that in the event that I feel ill or unwell, have any physical complaints  whatsoever or if an injury is sustained of any kind during the course of wing surf/kiteboard/wing sup/freeskate lessons or activities, I will notify the instructor immediately and before leaving the premises.

I have read the above declarations, understand them, and I agree to be bound by them.

Signature:  _____________________   Date: _____________________ Phone #:________________

Parent Guardian Signature:______________________

Date: __________________________

• VB OCEAN VIBES RENTAL AGREEMENT FORM 

In consideration of supplying equipment to enable me to participate in kite surfing/wing foiling, I agree as follows: I am a competent rider at IKO/PASA  Level 3. This means that I can: (please tick as applies)

 Control the riding speed by edging/Stand up on the wingfoil and use the wing to navigate  Initial_______ 

  Able to control the kite/wing in overpowered conditions without endangering my life or other people's lives (e.g. by using the safety release, conducting self-rescue, keeping the kite at the edge of the wind window during strong gusts, activating the depower system, etc.) Initial_____

  Consistent riding in all directions including upwind/Riding in both directions on the foil above the water with ability to surface jibe Initial_______

  Ride amongst other riders and water users and respect right of way rules Initial_______

  If I make a mistake or have received inadequate training, I assume full legal responsibility for any mistakes that I might have made, or if I have overstated my skills as a kiteboarder or wingfoiler. By signing this document, I agree that I am a compentent kiteboard/wingfoiler and assume legal responsibility for my actions.  Initial _____

 Change of direction without stopping Initial_______

 Self rescue and full pack down in the water/returning to the shore with equipment intact Initial_______

  Ability to self launch and assisted launch Initial_______

 I recognize that kite lines can pose an inherent threat to other people's lives, and I will not launch the kite near any obstacles or people that are downwind.  Initial_____

 I agree that I will replace all damaged equipment at full market price upon inspection after the rental period.

Initial____

 I claim complete legal responsibility for all injury and harm that I may cause to others, to myself, and to other people's property and life.  Initial_______

 I realize that  the sports of kitesurfing and wingfoiling are inherently dangerous, life-threatening sports, and I accept full legal responsibility for injuries and loss of life that might occur to myself and to others during the rental period.  Initial______

 I recognize that I might be stranded in the water for long periods of time if the wind stops or blows in an opposing direction, and I know how to swim and self-rescue.  Initial______

 VB Ocean Vibes is not responsible for rescuing me, and I assume full responsibility for my actions.  Initial______

 If there is a life-threatening thunderstorm, tornadic action, or excessive lightning, I agree that I will return the rental equipment as soon as possible, and I am responsible if I continue riding during a storm or a severe weather event. Initial_____ 

 VB Ocean Vibes is not responsible for any injuries that may occur due to obstacles in the water or injuries caused by stepping on sharp objects, such as clams or rocks, as well as any other objects that might cause harm. Initial______

 Use of wetsuits, booties, and any other gear with the rental does not ensure that my body will be protected from injury. Being exposed to long period of excessive heat  can result in heat stroke or feelings of nausea, and being exposed to cold water for long periods of cold water can result in hypothermia. VB Ocean Vibes is not responsible for heat-related or cold-related injuries or death. Initial______

  I am physically fit and have no pre-existing health problem. If I have any pre-existing health condition, I assume complete legal responsibility for any illness or health complication that occurs during the rental period.  Initial______

  VB Ocean Vibes is not responsible for drowning or loss of life associated with the inherent risks of performing water sports in deep water and shallow water locations.  Initial______

 VB Ocean Vibes is not responsible for shark attacks or other injuries that could occur associated with watersports, such as hitting large obstacles or obstructions that result in severe injury, lacerations, or the loss of life. Initial______

 I will wear a lifejacket and a helmet during the rental period. Initial ____

 I certify that all of the above statements are true and valid during the rental period, and I will return the equipment in its original condition (or pay for the replacement of damaged equipment at market price).

Signature: _____________  Date: __________________

If you are not an IKO Level 3 or PASA level 3 (at least the equivalent of IKO and/or PASA level 3) and do not meet the full criteria of the list above we cannot rent our equipment to you. We advise you to take a lesson with Raphael, our PASA-certified instructor,  to bring you up to the required level 3 ability.

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