Please read the following statement carefully and acknowledge that you understand and accept all provisions by checking the box below.
In consideration of the services of Austin Windsurf School LLC, their agents, owners,
officers, volunteers, participants, employees, and all other persons or entities acting in any
capacity on their behalf (hereinafter collectively referred to as “AWS”),
(1) I acknowledge that windsurfing, foil boarding, and stand up paddle boarding
entails known and unanticipated risks that could result in physical or emotional
injury, paralysis, death, or damage to myself, to property, or to third parties. I
understand that such risks simply cannot be eliminated without jeopardizing the essential
qualities of the activity. The risks include, among other things: Being hit by board or
boat, sail, fin, other windsurfers or their boards, boats, trees, rocks, bottom of the
lake/river/body of water, and other objects in and around body of water, which could
result in cuts, bruises, or abrasions and concussions; sprains, broken bones, paralysis,
even death; exhaustion, dehydration, sunburn; exposure to poisonous sea creatures;
and accidental drowning.
(2) I agree to release, hold harmless and indemnify Austin Windsurf School, the City of
Pflugerville, the City of Austin, their advisory councils, officers, members, agents,
employees, and insurers for any claims brought by the minor for any injury or damage
resulting from any cause, including negligence, which arise out of participation in these
programs. This release is binding as to any other persons, including family members,
heirs, and executors. This release does not apply to gross negligence or intentional acts.
Furthermore, AWS employees have difficult jobs to perform. They seek safety, but are
not infallible. They might be unaware of a participant’s fitness or abilities. They might misjudge
the weather or other environmental conditions. They may give incomplete warnings or
instructions and the equipment used might malfunction.
(3) I expressly agree and promise to accept all of the risks existing in this activity. My
participation in this activity is purely voluntary, and I elect to participate in spite of the
risks.
(4) I certify that I have adequate insurance to cover any injury or damage I may have cause
or suffer while participating. I further certify that I am willing to assume the risk of any
medical or physical condition I may have.
(5) In the event that I file a lawsuit against AWS, I agree to do so solely in the state of Texas,
and I further agree that the substantive law of Texas shall apply and that action without
regard to the conflict of law rules of that state. I agree that if any portion of this
agreement is found to be void or unenforceable, the remaining portions shall remain in
full force and effect.
(6) I authorize the program organizers or their employees to sanction emergency treatment.