Please read in full. This is a legally binding agreement under North Carolina law.
Waiver, Release of Liability, and Assumption of Risk
In consideration of being permitted to participate in adaptive surfing, paddleboarding, dragon boat, beach access, water therapy, and related water and beach activities (the "Activities") provided by Ocean Cure, Inc., a North Carolina 501(c)(3) nonprofit organization (EIN 26-4509035), I acknowledge and agree to the following on behalf of myself and/or the participant named in this registration.
1. Assumption of Risk
I understand that surfing, paddleboarding, dragon boating, ocean swimming, and adaptive beach Activities are inherently dangerous and involve risk of serious injury, permanent disability, drowning, or death. Risks include but are not limited to: powerful waves and currents, rip tides, contact with a surfboard, paddleboard, watercraft, or other equipment, marine life, weather conditions, uneven or unstable beach terrain, and the physical exertion of the Activities. These risks may arise from my own actions, the actions of others, the condition of the equipment or premises, or the negligence of the Released Parties. I knowingly and voluntarily assume all such risks, both known and unknown.
2. Release and Waiver of Liability
I, for myself, the participant, and our heirs, assigns, personal representatives, and next of kin, hereby RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE Ocean Cure, Inc., its directors, officers, employees, volunteers, instructors, agents, partners (including Odysea Surf School), and sponsors (collectively the "Released Parties") from any and all liability, claims, demands, or causes of action arising out of or related to any loss, damage, injury, or death sustained while participating in the Activities, including any caused by the ordinary negligence of the Released Parties, to the fullest extent permitted by the laws of the State of North Carolina.
3. Indemnification
I agree to indemnify and hold harmless the Released Parties from any loss, liability, damage, or cost, including attorney's fees, they may incur arising out of my or the participant's involvement in the Activities.
4. Medical Authorization
I certify that the participant is physically able to participate in the Activities, or has been cleared to do so. I authorize the Released Parties to obtain or administer emergency medical treatment as deemed necessary, and I accept financial responsibility for any such treatment. I agree the Released Parties are not responsible for medical costs.
5. Media Release
I grant Ocean Cure permission to use photographs and video of the participant taken during the Activities for promotional, educational, and fundraising purposes, without compensation. (If you do not consent to media use, please note this in the registration and notify staff on site.)
6. Governing Law & Severability
This agreement is governed by the laws of the State of North Carolina. I understand North Carolina law may limit the release of liability for gross negligence or willful misconduct; this release applies to the fullest extent the law allows. If any provision is found invalid, the remaining provisions remain in full force.
7. Acknowledgment
I have read this Waiver, Release of Liability, and Assumption of Risk, fully understand its terms, understand I am giving up substantial rights including the right to sue, and sign it freely and voluntarily without inducement.
You must agree to the waiver to register.
