Lesson and Rental Terms

You will be required to sign a waiver agreement in order to begin any lesson or rental service. Your waiver is the actual agreement, and its terms may differ, but for reference, these are our standard terms:

1. Assumption of Risk

You are aware that kiteboarding is an inherently dangerous sport and that you voluntarily choose to participate at your own risk. You understand that the usual risks, hazards, and dangers of personal injury, death, disability, property damage, and loss—collectively known as "Damages"—increase when using kites, kite lines, kite bars, kiteboards, four-wheelers, sliders, and any other structure or device. You acknowledge that these risks, hazards, and dangers are further increased when others, regardless of skill level or experience, are present and using the same area. (All such activities are collectively referred to throughout this agreement as "Hazardous Activities.") You recognize that kiteboarding carries risks of serious injury, which may include permanent disability or death. You certify that you know of no medical condition that would increase your risk of such injuries as a result of participating in kiteboarding, and that you are physically fit to participate. You agree to be personally responsible for your actions while associated with "The School."

2. Exemption from Liability

You relieve "The School" of any duty to you, and you assume all risks of any "Damages" that may occur during your participation in kiteboarding. You release, discharge, and absolve "The School" of any and all liability for any active or passive negligence whatsoever by "The School" and waive any claim or cause of action against "The School" for any loss, claim, damage, personal injury, disability, death, medical expense, or property damage caused by any negligence of "The School." You agree not to sue or seek damages from "The School."

3. Covenant Not to Sue

You, the participant, agree for yourself and your executors or administrators not to initiate any lawsuit or legal action, or to initiate or assist the prosecution of any claims for damages or causes of action that may arise due to injury to your person or property while participating in the activities contemplated by this agreement. If married, you execute this agreement on behalf of yourself, your spouse, and the marital community.

4. Indemnity Agreement

You agree, for yourself and your executors, administrators, or assigns, to indemnify and hold harmless "The School" from any and all losses, claims, actions, or proceedings of any kind initiated by you or any other person or organization. This includes reimbursement of all legal costs and reasonable counsel fees incurred by you, "The School," and any indemnified parties for the defense of any action that may arise, directly or indirectly, from your activities while engaged in the activities contemplated by this agreement.

5. Continuation of Obligation

You agree and acknowledge that the terms and conditions of the above provisions—including ASSUMPTION OF RISK, EXEMPTION FROM LIABILITY, COVENANT NOT TO SUE, and INDEMNITY AGREEMENT—shall continue in full force and effect at all times and shall be binding upon your heirs, executors, administrators, or assigns.

6. Disclaimer

The price of instruction includes a discount with the understanding that "The School" does not provide medical or liability insurance for any incident that may arise from participation in any phase of kiting. Kiting equipment is rented to you without warranties, express or implied. Persons associated with "The School" may be members of or associated with various national or international groups with training procedures we may or may not adhere to. "The School" is the sole proponent of our program. You warrant that you are physically fit, mentally alert, and competent to enter into this agreement and have provided for yourself any accidental disability and/or health insurance you deem appropriate.

NO MEDICAL OR LIABILITY INSURANCE IS PROVIDED FOR YOU, THE PARTICIPANT.

7. Terms of the Use of Equipment, Gear Damage, and Instruction

You agree to pay for any damages to or loss of equipment belonging to or obtained from "The School" resulting from your use, whether such damage is intentional or unavoidable. You understand that payment covers instruction in kiting, kiteboarding, kitesurfing, and any other related kiting activities and does not guarantee your right to fly any kites or use any equipment.

YOU AGREE TO PAY FOR ANY DAMAGES.

8. Health and Fitness for Kiting, Kiteboarding, and Kitesurfing

Kiting, kiteboarding, and kitesurfing are strenuous physical and mental activities. You agree to refrain from consuming drugs, including alcohol, for 12 hours prior to engaging in any activity. You further affirm that you are legally competent to agree to this waiver, understand that its terms are contractual, and have reviewed it of your own free will. You assure "The School" of your medical fitness and acknowledge your responsibility to be physically fit and capable of performing under the normal conditions of kiting, kiteboarding, and kitesurfing.

9. You agree that you have not used drugs or alcohol for 12 hours prior to the lesson.

10. You understand that kiting, kiteboarding, and kitesurfing, and any related activities are inherently dangerous sports which may result in your injury or death.