I Know How To Swim And To Maintain Buoyancy In Open Water: 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. I declare that I am in good physical and mental health, I am not under the influence of any drugs, alcohol, or other 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 Swell Time Board Company. I hereby agree to follow all rules, regulations, and instructions of Swell Time Board Company while participating in this class, lesson, or while renting equipment.

I Acknowledge That Open Water Activities May Be Dangerous And I Accept And Assume Such Risk: I am aware that open water activities in general, and in surf specifically, involves inherent risks. I may damage my belongings, become injured, ill, drown, or even die.   I further acknowledge that I have voluntarily chosen to follow all rules, regulations, and instructions of Swell Time Board Company while participating in a lesson, or while renting equipment or, if the individual taking such lessons or renting equipment is a minor, I have, as the minor’s parent or legal guardian, voluntarily consented to such minor to follow all rules, regulations, and instructions of Swell Time Board Company while participating in a lesson, or while renting equipment.

I know and fully understand that open water activities in and around surf are dangerous outdoor activities in an uncontrolled natural environment with inherent risks and hazards, where serious accidents can occur, participants can sustain property damage, injuries, illness and even die. I acknowledge and willingly and voluntarily assume all risks and hazards in surf and beach related activities in all phases of these activities from the onset of lesson or equipment rental period until the conclusion of the lesson or equipment rental period, including, but not limited to those involving, (1) loss of control of the surfboard or other equipment, malfunction of the surfboard or other equipment, falls from the surfboard or other equipment, collision with other participants, equipment, other surfboards, rocks, and any other man made or natural obstacles, whether obvious or not; (2) judgment, decision making and conduct of the instructors; (3) submersion in water, drowning; (4) encounters with animals, marine life, plant life, rocks and insects; (5) exposure to outdoor ocean environment, bacteria or microbes, extreme temperatures, sun, and inclement weather, including travel by foot or vehicle in any way related to this activity; (6) assistance in lifting and/or carrying surfing equipment; (7) rescue-related injuries; and (8) unavailability of immediate and appropriate medical attention in case of injury. I understand and acknowledge that the above list is not meant to be complete or exhaustive; that other unforeseen and unanticipated risks, known or unknown, may also exist and result in damage, injury, illness, disease, or death.

I Waive My Right To Sue Swell Time Board Company: In consideration for Swell Time Board Company agreeing to provide me with equipment rental and/or surfing instructions and/or allowing me to participate in lessons or any activity, I agree that I shall not make a claim or bring any action against, sue, or hold responsible its employees and other agents, Swell Time Board Company, its owners (including Johnathan Gregorash, officers, agents, employees, associates, representatives, [referred to collectively in this agreement as “Swell Time Board Company]”) or expect, require, or pursue them, to be held accountable for any damages. I voluntarily agree to release, discharge, and hold harmless  Swell Time Board Company from and against any and all claims of liability, even those arising out of their negligence, fault, recklessness, or any other act or omission which causes me damages, property damage, illness, personal injury, disease, or death, of any nature in any way connected with my participation in this activity. I also expressly agree to release and discharge Swell Time Board Company from any act or omission, excluding acts of wanton or gross negligence, in rendering or failing to render any type of rescue, emergency or medical services.

Indemnity: I further agree, to hold harmless, defend, and indemnify Swell Time Board Company from all defence costs, including attorney’s fees incurred in connection with any claims arising from the activities anticipated herein, including but not limited to those for bodily injury, wrongful death, or property damage, whether caused by or sustained by any minor under 18 years of age on whose behalf I am signing, or which I may have caused to spectators or other third parties, whether negligent or not, in the course of my participation in this activity.

Permission to Obtain Medical Assistance: In the event of any injury, illness, emergency, accident or other harm sustained by me (or by the minor on whose behalf I am signing this document), I hereby give Swell Time Board Company permission to obtain Medical Assistance, in which event I hereby make the same releases and waivers in Swell Time Board Company’s favour as I have otherwise made in this agreement in connection with any such medical assistance sought or not sought. In addition, the expenses for any such medical emergency shall be my sole responsibility and not that of Swell Time Board Company.

I HAVE READ THE SWELL TIME BOARD COMPANY RELEASE OF LIABILITY, WAIVER, AND ASSUMPTION OF RISK AGREEMENT DOCUMENT IN ITS ENTIRETY AND IT IS MY INTENTION THAT IT BE BROADLY CONSTRUED IN FAVOUR OF SWELL TIME BOARD COMPANY IN THE EVENT OF ANY AMBIGUITIES, WHICH SHALL BE RESOLVED IN SWELL TIME BOARD COMPANY’S FAVOR.  ANY INCONSISTENCY BETWEEN THIS DOCUMENT AS EXPRESSED IN ENGLISH AND ANY OTHER LANGUAGE SHALL, TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, BE RESOLVED BY REFERENCE TO THE ENGLISH VERSION.

I CONFIRM THAT I AM OVER THE AGE OF MAJORITY IN MY PROVINCE OR TERRITORY OF RESIDENCE AND AM COMPETENT TO COMPLETE THIS DOCUMENT; OR, TO THE EXTENT THAT I AM UNDER THE AGE OF MAJORITY IN MY PROVINCE OR TERRITORY OF RESIDENCE, HAVE HAD MY PARENT OR GUARDIAN REVIEW THIS DOCUMENT AND CONSISTENT TO MY PARTICIPATION ON MY BEHALF.

BY AGREEING TO THESE TERMS OF SERVICE, I (AND MY LEGAL GUARDIAN, WHERE APPLICABLE) ACKNOWLEDGE THAT I (OR WE) HAVE CAREFULLY READ AND UNDERSTAND THIS DOCUMENT.