NYKiter wrote: ↑
Wed Dec 11, 2019 12:58 pm
Been kiting for 10 years and Im an instructor....kiting tends to be a sport for the upwardly mobile (for the most part)....some of whom prefer immaculate expensive gear....some just happen to be less tolerant than others when an assist goes south and start pointing fingers (even when you are trying to help them)....here is a sample waiver...for the PERSON YOU ARE LAUNCHING OR LANDING TO SIGN
...if they dont sign they dont get your help
... probably good to have your attorney sign off on this before you use it....
KITEBOARDING ASSISTANCE RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT
Read this agreement carefully before signing it. Your signature indicates you understand it and agree on its terms. By signing this agreement, you are giving up certain legal rights, including the right to sue or recover damages in case of injury, death or property damages, for any reason from X.
I ___________________________and all members of my family hereby:
1. Acknowledge that by allowing X to assist me with any and all kite boarding activities, such as but not limited to: launching a kite, landing a kite, holding a kite, securing a kite on the ground, retrieving a board, attaching my kite lines, rescuing gear - herein referred to as ‘kiting activity(ies) - gear includes kites, lines, bars, boards, foils, exposure suits etc. rescuing me in the water, carrying my gear or even touching my kite gear may, without warning or any apparent cause result in serious injury or death.
2. Acknowledge that allowing others to assist me with kiteboarding is an inherently dangerous activity and involves risks that may cause serious injury and in some cases death, because of the unpredictable nature and behavior of the wind, water, temperature, terrain, traffic conditions and the presence of other kiters.
3. Voluntarily assume the risk and danger of injury, loss of property or death inherent when receiving kiteboarding assistance.
4. Release, discharge and promise not to sue X, for any loss, liability, damages, or cost whatsoever arising out of or related to any loss, damage, or injury (including death) to my person or property.
5. Release X from any claim that may be negligent in connection with X assisting me with the above mentioned kiting activities.
6. Indemnify, and save and hold harmless X from and against any loss, liability, damage or cost they may incur arising out of or in any way connected with either my use of my kite gear and any equipment of gear provided therewith or any acts or omissions related to such activities.
7. The Undersigned expressly agrees that the foregoing release and waiver of liability, assumption of risk, and indemnity agreement is governed by the state in which this document is signed and is intended to be as broad and inclusive and that in the event any portion of this Agreement is determined to be invalid, illegal, or unenforceable, the validity, legality and enforce-ability of the balance of the Agreement shall not be affected or impaired in any way and shall continue in full legal force and effect.
8. Acknowledge that this document is a contract and agree that if a lawsuit is filed against X for any injury or damage in breach of this contract, the Undersigned will pay all attorney’s fees and costs incurred by X in defending such an action.
I have read this entire Release of Liability Document. I understand it is a promise not to sue and to release X for all claims. I have made a free and deliberate choice to sign this Release and Waiver as a condition to receive kiting activity assistance by X. I have concluded that the risks involved and the release and waiver of liability is worth the pleasure of receiving X’s assistance while kiting.