Release & Waiver of Liability: In consideration for the Member’s participation in the Club, including, but not limited to community service projects, campaign initiatives, or other participation in any way, and intending to be legally bound, the Member does for him/herself, his/her heirs, executors, administrators, and assigns hereby RELEASES, WAIVES, AND DISCHARGES FOREVER ANY AND ALL LIABILITY, RIGHTS AND CLAIMS WHICH MAY ARISE against the Surfrider Foundation, its Board of Directors, officials, agents, volunteers, employees, staff, representatives, and any other affiliated parties (collectively, “Surfrider”) for death, bodily injury, loss and any and all damages which may be sustained and/or suffered in connection with participation in the Club.
Assumption of Risk: The Member ASSUMES FULL RESPONSIBILITY, AND RISK OF, BODILY INJURY, DEATH, PROPERTY DAMAGE OR PROPERTY LOSS due to the negligence of Surfrider or that otherwise occurs due to participation in the Club. The Member agrees that Surfrider owes no duty to protect the undersigned from bodily injury, death, property damage or property loss. The Member agrees and warrants that he/she will examine each activity he/she takes part and that, if the Member observes any condition which he/she considers unacceptably hazardous or dangerous, the Member will notify the proper authority in charge of the activity, whether such authority is a Member or affiliate of Surfrider, and will refuse to take part in that activity until the condition has been corrected.
Indemnity: The Member agrees to INDEMNIFY, COVENANTS NOT TO SUE, AND SHALL SAVE AND HOLD HARMLESS Surfrider from any loss, liability, damage or cost, including attorneys’ fees, that may incur due to Member’s involvement in the Club.
Choice of Law & Severability: The Member agrees this agreement is intended to be as broad and inclusive as is permitted by California State law and that if any portion is held invalid, it is agreed that the balance shall continue in full legal force and effect. This Agreement shall be governed by, and construed in accordance with California State law. The Member agrees that venue and jurisdiction for any arbitration or litigation arising out of, related to, or regarding the validity of this Agreement shall lie in the City and County of Orange, State of California.
Photo Release: The Member grants Surfrider permission to use Member’s name, image, voice, and/or appearance as such may be embodied in any photos, video recordings, audiotapes, digital images, and the like, taken or made on behalf of the Club. The Member agrees Surfrider may use such material for any purpose consistent with Surfrider’s mission, including, but not limited to, videos, publications, news releases, websites, and any promotional or educational materials in any medium.