Open Oceans Skills and Safety Liability Waiver and Release Agreement

This Liability Waiver and Release Agreement (the "Agreement") applies to all participants ("Participant") engaging in any event, program, clinic, lesson, or activity ("Activities") offered by Open Oceans Skills and Safety, LLC ("Open Oceans"). By checking the box and clicking "Accept" at registration, the Participant acknowledges and agrees to the terms outlined below:

1. Acknowledgment of Risks

The Participant understands and acknowledges that participating in Activities such as paddleboarding, surfing, swimming, open-water training, and other ocean-related programs involves inherent risks, including but not limited to:

  • Physical risks: Injuries from drowning, impacts, or collisions.
  • Environmental risks: Exposure to extreme weather, currents, waves, and marine life.
  • Equipment risks: Potential misuse or failure of equipment.
  • Health risks: Physical exertion leading to exhaustion, dehydration, or other health complications.

The Participant voluntarily assumes all risks associated with these Activities, whether foreseen or unforeseen.

2. Release of Liability

The Participant agrees to release, waive, and discharge Open Oceans, its owners, officers, employees, agents, subcontractors, sponsors, and volunteers from any and all liability for:

  • Personal injury or death.
  • Property damage or loss.
  • Any other claims arising from participation in the Activities.

This release applies regardless of whether the injury or damage arises from negligence or other causes on the part of Open Oceans or its affiliates.

3. Indemnification

The Participant agrees to indemnify and hold harmless Open Oceans, its affiliates, and staff from any claims, damages, or expenses (including attorney's fees) resulting from their participation in the Activities.

4. Health and Medical Acknowledgment

  • The Participant affirms they are physically fit and capable of safely participating in the Activities.
  • The Participant assumes responsibility for their health and well-being during participation.
  • Open Oceans is authorized to secure emergency medical care if necessary, and the Participant agrees to cover any associated costs.

5. Equipment Responsibility

  • The Participant agrees to use all equipment provided by Open Oceans responsibly and in accordance with instructions.
  • The Participant accepts full liability for any damage or misuse of provided equipment.

6. Non-Refundable Policy

All payments for Activities are final. No refunds will be issued. Rescheduling may be offered at Open Oceans’ sole discretion.

7. Media Release Consent

The Participant grants Open Oceans permission to use photographs, videos, or other media from the Activities for promotional purposes without compensation.

8. Governing Law

This Agreement is governed by the laws of the State of North Carolina. Any disputes must be resolved in North Carolina courts.

9. Waiver Confirmation

By checking the box and clicking "Accept," the Participant confirms:

  • They have read and fully understood this Agreement.
  • They voluntarily agree to its terms.
  • They release Open Oceans from liability and assume all risks associated with the Activities.

Important Notice: By accepting this waiver, you waive significant legal rights, including the right to sue Open Oceans Skills and Safety, LLC. Please review this document carefully before proceeding.

[ ] I agree to the terms and conditions outlined in this waiver.
[Accept and Continue]