Accident Waiver and Release of Liability

YOU HEREBY ASSUME ALL OF THE RISKS OF PARTICIPATING IN ANY SERVICES, including by way of example and not limitation, any risks that may arise from negligence or carelessness on the part of the persons or entities being released, from dangerous or defective equipment or property owned, maintained, or controlled by them, or because of their possible liability without fault.

You certify that you are physically fit, have sufficiently prepared or trained for participation in Services, and have not been advised to not participate by a qualified medical professional. You certify that there are no health-related reasons or problems which preclude your participation in Services.

You acknowledge that this Accident Waiver and Release of Liability contract will be used by the event holders, sponsors, and organizers of the activity in which you may participate, and that it will govern your actions and responsibilities at said activity.

In consideration of your application and permitting you to participate in this activity, you hereby take action for yourself, your executors, administrators, heirs, next of kin, successors, and assigns as follows:

(A) YOU WAIVE, RELEASE, AND DISCHARGE from any and all liability, including but not limited to, liability arising from the negligence or fault of the entities or persons released, for your death, disability, disfigurement, personal injury, property damage, property theft, or actions of any kind which may hereafter occur to you including your traveling to and from this activity, THE FOLLOWING ENTITIES OR PERSONS: Carl Schneider, Schneider Design Group, EpicSurfShot, GoodSport Video, the city and county where the Activity takes place, and each of their directors, officers, employees, volunteers, representatives, contractors, and agents, and the activity holders, sponsors, and volunteers (the “Released Parties”);

(B) YOU SHALL INDEMNIFY, DEFEND, RELEASE, HOLD HARMLESS, AND PROMISE NOT TO SUE the Released Parties from and against any and all liabilities, damages, costs or claims made as a result of participation in this activity or shoot, whether caused by the negligence of Released Parties or otherwise.

You acknowledge that the Released Parties are NOT responsible for the errors, omissions, acts, or failures to act of any party or entity conducting a specific activity on their behalf.

You acknowledge that this activity may involve a test of a person’s physical and mental limits and carries with it the potential for death, serious injury, and property loss. The risks include, but are not limited to, those caused by ocean, reefs, terrain, facilities, temperature, weather, condition of participants, equipment, vehicular traffic, lack of hydration, and actions of other people including, but not limited to, participants, volunteers, monitors, general public, and/or producers of the activity. These risks are not only inherent to participants, but are also present for volunteers. You hereby consent to receive medical treatment which may be deemed advisable in the event of injury, accident, and/or illness during this activity.

You understand while participating in this activity, you may be photographed or video recorded. You agree to allow your photo, video, or film likeness and name or pseudonym to be used for any purpose whatsoever by the activity holders, producers, sponsors, organizers, and assigns.  

IF YOU HAVE BEEN HIRED, YOU CERTIFY THAT YOU ARE AN INDEPENDENT CONTRACTOR AND YOU HAVE YOUR OWN WORKERS’ COMPENSATION AND GENERAL LIABILITY INSURANCE COVERAGE. You will be responsible for payment of any federal and state payroll, self-employment taxes, and any other taxes or costs attributable to payments received for services performed by you and you will not be considered an employee for federal or state payroll tax purposes or workers’ compensation insurance purposes. You will not be working under any supervision by any Released Parties and you will determine the means and methods by which the work is to be accomplished, and will set your own work hours and routine. You will provide your own materials, tools, and equipment, and will expect no reimbursement for any out-of-pocket expenses incurred by you in the performance of your services. 

This Accident Waiver and Release of Liability contract shall be construed broadly to provide a release and waiver to the maximum extent permissible under applicable law.

YOU CERTIFY THAT YOU HAVE READ THIS DOCUMENT AND YOU FULLY UNDERSTAND ITS CONTENT. YOU ARE AWARE THAT THIS IS A RELEASE OF LIABILITY AND A CONTRACT AND YOU ACCEPT AND AGREE TO IT OF YOUR OWN FREE WILL.