RELEASE OF LIABILITY - WAIVER OF LEGAL RIGHTS AND ASSUMPTION OF RISK

In consideration for the renting, purchasing of windsurfing/kitesurfing/SUP/surfing equipment from and/or utilizing of the facilities, ground school, instruction, premises, and equipment of Surfing Elements GmbH in engaging in the sport of windsurfing/kitesurfing/SUP/surfing ground instruction, water instruction, I hereby understand and agree to this release of liability, waiver of legal rights, and assumption of risk, and to the terms hereof as follows:

1. I acknowledge that windsurfing/kitesurfing/SUP/surfing is an action sport and recreational activity involving travel in three dimensions and such activity is subject to mishap and even injury to participating in the sport of windsurfing/kitesurfing/SUP/surfing.
2. I hereby RELEASE AND DISCHARGE Surfing Elements GmbH and their officers, directors, elected officials, agents, employees, instructors, and owners of equipment and the land used for windsurfing/kitesurfing/SUP/surfing activities (hereinafter collectively referred to as “Released Parties”), from any and all liability, claims, demands, or causes of action that I may hereafter have for injuries, disability, or death, or damages arising out of my participation in windsurfing activities, including, but not limited to, losses CAUSED BY THE NEGLIGENCE OF THE RELEASED PARTIES.
3. I understand and acknowledge that windsurfing/kitesurfing/SUP/surfing activities have inherent dangers that no amount of care, caution, instruction, or expertise can totally eliminate. I EXPRESSLY AND VOLUNTARILY ASSUME ALL RISK OF DEATH OR PERSONAL INJURY SUSTAINED WHILE PARTICIPATING IN WINDSURFING ACTIVITIES WHETHER OR NOT CAUSED BY THE NEGLIGENCE OF THE RELEASED PARTIES.
4. I further agree that I WILL NOT SUE OR MAKE A CLAIM against the Released Parties for damages or other losses sustained as a result of my participation in windsurfing/kitesurfing/SUP/surfing activities.
5. I also agree to INDEMNIFY AND HOLD THE RELEASED PARTIES HARMLESS from all claims, judgments, and costs, including attorneys’ fees, incurred in connection with any action brought as a result of my participation in windsurfing/kitesurfing/SUP/surfing activities.
6. I will take full responsibility for, and hold harmless Released Parties for any injury that I may suffer or inflict upon others or their property as a result of my engaging in windsurfing/kitesurfing/ SUP/surfing activities.
7. I agree that I will operate the said windsurfing/kitesurfing/SUP/surfing equipment in a reasonable and safe manner so as not to endanger the lives of persons or property of any individual.
8. I have read and understand the above and acknowledge that the same constitutes a release of liability and a waiver of my legal rights and also acknowledgment of the assumption by me of all risks arising out of my engaging in windsurfing/kitesurfing/SUP/surfing activities.
9. I further represent that this release of liability, waiver of legal rights and assumption of risk shall continue in full force and effect for so long as I engage in windsurfing/kitesurfing/SUP/surfing activities which are in any way connected to or with the Released Parties.
10. I further represent that I am at least 18 years of age or that as the parent or legal guardian I waive and release any and all legal rights that may accrue to me or to my minor child as the result of any injury that my son or daughter(minor) may suffer while engaging in windsurfing/kitesurfing/SUP/surfing activities.
11. I hereby expressly recognize that this Release of Liability, Waiver of Legal Rights and Assumption of Risk is a contract pursuant to which I have released any and all claims against the Released Parties resulting from my participation in windsurfing/kitesurfing/SUP/surfing activities including any claims by the negligence of the Released Parties.

Rental Conditions

1. On signature of the enrollment form, persons hiring windsurfing/kitesurfing/SUP/surfing equipment or taking lessons agree to the following: that they are able to swim for at least fifteen minutes.
2. The person renting equipment must be in good health and not under the influence of drugs or alcohol.
3. Guests rent or take windsurfing/kitesurfing/SUP/surfing classes under their own responsibility.
4. For security reasons equipment will only be hired to persons who have mastered the basic concepts of windsurfing/kitesurfing/SUP/surfing and are able to sail in the prevailing conditions.
5. Payment must be made in advance. Money will not be returned for rentals that are not used.
6. Please pay attention to the advice of our intructors. They will not hire out windsurfing/kitesurfing/SUP/surfing equipment if they consider the conditions to be dangerous.
7. Swimmers, divers and fishing boats have priority. Keep a safe distance from these and other windsurfing/kitesurfing/SUP/surfing sailors/surfers (min 5 metres).
8. We aim to have the best equipment available for you and try to maintain it in the best possible condition. Please help us by treating the windsurfing/kitesurfing/SUP/surfing equipment carefully.
   SPECIALS
   Please do not leave your windsurfing/kitesurfing/SUP/surfing equipment in the water. Even for a short rest leave your equipment on the beach in a manner which does not disturb others.
    In the case of a prolonged rest, return the windsurfing/kitesurfing/SUP/surfing equipment to the school to protect it from ultraviolet rays.
   Please take into account the fact that, although we can reserve a windsurfing/kitesurfing/SUP/surfing board for you, we cannot reserve windsurfing/kitesurfing/SUP/surfing sails for you which you are not using.
   When you have finished sailing, return the windsurfing/kitesurfing/SUP/surfing equipment to the school. Please rinse your wetsuit, harness and mast foot, and put them back in their place.
   Before sailing, check your windsurfing/kitesurfing/SUP/surfing equipment. If it is damaged we will change it.
9. Damage to windsurfing/kitesurfing/SUP/surfing equipment will be paid for by the client. This include breakages due to waves. The price is equal to the cost price to Surfing Elements GmbH. Obviously this does not include damage due normal usage of the equipment.
10. Guests who have to be picked up at sea by our rescue boat due to negligence or overestimation of their windsurfing/kitesurfing/SUP/surfing sailing capabilities will be charged.
11. No hiring or teaching may be undertaken without a valid and properly undersigned registration document.