Waiver

ACTIVITY WAIVER, RELEASE OF LIABILITY & ASSUMPTION OF RISK

IMPORTANT: READ CAREFULLY BEFORE SIGNING

ACKNOWLEDGMENT & ASSUMPTION OF RISK

I, the undersigned participant ("Participant"), acknowledge that participation in electric hydrofoil ("eFoil") activities involves inherent risks, including serious bodily injury, permanent disability, paralysis, drowning, and death. These risks may be caused by my own actions or inactions, the actions or inactions of others, weather and water conditions, equipment failure, or negligence of the Released Parties.

I knowingly and voluntarily assume all such risks, whether known or unknown, foreseeable or unforeseeable, and accept full responsibility for my participation.

RELEASE & WAIVER OF LIABILITY

In consideration for being permitted to participate in eFoil activities, I hereby release, waive, discharge, and covenant not to sue Flaregate LLC, its owners, officers, directors, members, managers, employees, instructors, volunteers, agents, insurers, affiliates, successors, and assigns (collectively, the "Released Parties") from any and all liability, claims, demands, actions, or causes of action arising out of or related to any loss, damage, or injury, including death, that may be sustained by me while participating in eFoil activities, whether caused by the negligence of the Released Parties or otherwise, to the fullest extent permitted by law.

I agree to indemnify, defend, and hold harmless the Released Parties from and against any and all claims, demands, damages, losses, liabilities, costs, and expenses of any kind, including reasonable attorneys’ fees, arising out of or related to my participation in eFoil activities, including but not limited to claims brought by third parties that arise from my acts or omissions, whether negligent or otherwise, to the fullest extent permitted by law.

ACTIVITY DESCRIPTION

Activities include, but are not limited to: eFoil instruction, training, practice, supervised or unsupervised riding, equipment rental, transportation by boat or personal watercraft, launching and retrieval activities, and use of related facilities and equipment.

MEDICAL CONDITION & FITNESS TO PARTICIPATE

I certify that I am physically and mentally capable of participating in eFoil activities and that I have no medical condition that would increase the likelihood of injury. I am not under the influence of alcohol, drugs, or medication that could impair my ability to participate safely.

I understand that the Released Parties do not provide medical insurance or assume responsibility for medical care.

SAFETY RULES & INSTRUCTIONS

I agree to follow all instructions, rules, and safety briefings provided by the Released Parties. I understand that failure to comply with instructions or safety rules may result in immediate termination of my participation without refund.

I acknowledge that I have been advised to wear appropriate protective gear, including a helmet and personal flotation device (PFD), and understand that failure to use such equipment increases the risk of serious injury or death.

I acknowledge and agree that the Released Parties reserve the right, in their sole discretion, to deny, restrict, suspend, or terminate my participation at any time if they determine that my participation poses a safety risk to myself or others, or if I fail to follow instructions or safety rules. I understand that such termination may occur without refund.

EQUIPMENT RESPONSIBILITY

I understand and acknowledge that eFoil equipment is motorized and electrically powered and includes a submerged hydrofoil that may have sharp edges. I acknowledge that use of such equipment involves risks including, but not limited to: high-speed falls; blunt force trauma; lacerations; collisions with persons, vessels, docks, or submerged objects; battery malfunction or fire; electrical hazards; and loss of control. I knowingly and voluntarily assume all risks associated with the use, operation, handling, and proximity to eFoil equipment, whether or not such risks are specifically described in this Agreement.

I acknowledge that participation in eFoil activities takes place on natural bodies of water that contain open and obvious hazards, including but not limited to: changing water depth, submerged or floating objects, currents, wakes from other vessels, wind conditions, weather changes, water temperature, and reduced visibility. (just added some language that might be helpful here but there may be other open and obvious dangers). I understand that such conditions are inherent to water-based activities and I voluntarily assume all risks associated with them.

MINORS

If the Participant is under eighteen (18) years of age, this Agreement must be signed by a parent or legal guardian, who agrees to all terms herein on behalf of the minor Participant and personally assumes responsibility for the minor’s participation.

GOVERNING LAW & VENUE

This Agreement shall be governed by the laws of the State of New York, without regard to conflict-of-law principles. Any legal action arising from this Agreement shall be filed exclusively in the courts located within County, New York.

SEVERABILITY

If any portion of this Agreement is held invalid or unenforceable, the remaining portions shall continue in full force and effect.

ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between the Participant and the Released Parties and supersedes all prior agreements or understandings, whether written or oral.

I have read this Agreement, fully understand its terms, and sign it voluntarily.