E-FOIL LESSONS

PARTICIPANT AGREEMENT, RELEASE OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNIFICATION

PARTIES IDENTIFICATION This Participant Agreement, Release of Liability, Assumption of Risk, and Indemnification Agreement (the "Agreement") is entered into by and between the undersigned participant (the "Participant" or "Releasor") and Super Stoked Surf Lessons LLC, a Florida Limited Liability Company, including its owners, members, managers, directors, officers, employees, contractors, instructors, agents, volunteers, successors, and assigns (collectively referred to as the "Operator" or "Releasees").

1. DESCRIPTION OF ACTIVITIES & ACKNOWLEDGMENT OF INHERENT RISKS

I, the Participant, acknowledge and understand that the services provided by the Operator involve participation in water sports, including but not limited to electric hydrofoiling (e-foiling), surfing, paddleboarding, swimming, wading, and the operation and transport of associated motorized and non-motorized watercraft (collectively, the "Activities").

A. LIMITATION OF INSTRUCTOR'S ROLE AND SOLE RESPONSIBILITY OF THE RIDER
I explicitly understand and acknowledge that while the Operator provides "lessons," instruction, and guidance, the Operator and its instructors CANNOT AND DO NOT GUARANTEE MY SAFETY. Due to the fundamental design and nature of an e-foil, it is strictly a single-rider watercraft. I understand that I will be operating the board entirely by myself. The instructor will be located on a separate watercraft, on a separate board, or on the shore. The instructor cannot physically intervene, take over the controls, steer the board, or stop the motor if I lose balance, panic, or make an error. I acknowledge that I will have exclusive physical control over the board's wireless handheld throttle, speed, balance, and directional steering. Therefore, I expressly agree that once I am operating the e-foil, I AM SOLELY AND ULTIMATELY RESPONSIBLE for my own safety, the safe operation of the equipment, and avoiding collisions with people, vessels, docks, or other obstacles.

B. PLAIN LANGUAGE EXPLANATION OF INHERENT DANGERS I understand that e-foiling is NOT a casual swimming or floating activity. It is an extreme, high-speed, motorized water sport. An e-foil is a heavy board equipped with a high-voltage battery, a carbon-fiber mast, sharp underwater wings, and an electric motorized propeller. It is capable of reaching speeds exceeding 25 miles per hour and has no brakes. I understand that I will be elevated above the water, balancing on a moving platform, and that falling is an absolute certainty—not a possibility.

I acknowledge that the Activities are physically and mentally demanding and require exceptional situational awareness, balance, and judgment. I understand that the inherent and unforeseeable risks of e-foiling cannot be entirely eliminated, regardless of the care taken by the Operator or the skill of the instructors. These risks may result in catastrophic property damage, severe bodily injury, permanent disability, paralysis, or death.

The specific risks of e-foiling include, but are not limited to:

Blunt Force Trauma & Lacerations
Falling at high speeds and impacting the water (which can feel like concrete at speed); striking the heavy board; or falling onto the carbon-fiber mast, the underwater wings, or the motorized propeller. I understand these components are hard, often sharp, and can cause severe bruising, deep lacerations, broken bones, or amputation.

Drowning & Asphyxiation
Getting knocked unconscious upon impact with the board or the water; getting trapped underneath the heavy board; or falling in deep water far from shore, leading to exhaustion, panic, or drowning. I expressly acknowledge that an emergency on the water may require a complex rescue operation. I understand that a rescue by the Operator, bystanders, or emergency personnel may be significantly delayed, entirely unsuccessful, or physically impossible due to distance, weather, water conditions, or the severity of my injuries, and that advanced life-saving measures may not be immediately available.

Loss of Control
The inability to control the board due to loss of balance, sudden waves, remote control disconnection, throttle malfunction, or equipment failure, leading to high-speed collisions with docks, boats, reefs, or other people.

Electrical & Fire Hazards
E-foils are powered by high-voltage marine batteries. While encased, there is a risk of equipment damage leading to electric shock, battery thermal runaway, or fire while on the water.

Environmental Hazards
Unpredictable ocean or gulf currents, rip tides, sudden weather changes, lightning, and contact with submerged objects like rocks, reefs, or sandbars.

Wildlife Encounters
Unpredictable interactions with marine life, including but not limited to sharks, stingrays, jellyfish, toxic algae, or waterborne bacteria.

Human Error
My own misjudgment, lack of skill, panic, or negligence; the reckless behavior of other boaters; and the potential for the Operator's instructors to misjudge weather, water conditions, or my individual physical capabilities.

I have read this plain-language description. I fully understand exactly what an e-foil is, and the extreme, life-threatening dangers associated with riding it.

2. EXPRESS ASSUMPTION OF RISK

I have carefully read the foregoing acknowledgment of risks, and I fully understand that participating in the Activities is inherently dangerous.

I EXPRESSLY, WILLINGLY, AND VOLUNTARILY ASSUME ALL RISKS of property damage, personal injury, illness, paralysis, or death sustained while participating in the Activities or using the Operator's equipment, whether such risks are known or unknown, anticipated or unanticipated. I elect to participate in spite of the risks, and I assume full responsibility for my own safety. I expressly agree that my assumption of risk includes any injuries or damages that may be caused in whole or in part by the ORDINARY NEGLIGENCE of the Operator or Releasees.

3. COMPREHENSIVE RELEASE OF LIABILITY

In consideration of being permitted to participate in the Activities and use the Operator's equipment, I hereby expressly, completely, and forever RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE Super Stoked Surf Lessons LLC, its owners, members, managers, employees, and instructors (the "Releasees") from any and all liability, claims, demands, or causes of action of any kind, whether in law or in equity, arising out of or related to any loss, property damage, personal injury, paralysis, or death I may suffer.

Release of ORDINARY NEGLIGENCE
I explicitly understand and agree that this release discharges the Releasees from any liability or claim caused by the ORDINARY NEGLIGENCE of the Releasees. I am knowingly releasing the Operator from liability for their own negligent acts or omissions.

Release for First Aid/Rescue
I further release, discharge, and hold harmless the Releasees from any claim whatsoever arising from any act, omission, or NEGLIGENCE in rendering, or failing to render, any type of emergency rescue, first aid, or medical services during my participation in the Activities.

4. INDEMNIFICATION AND HOLD HARMLESS AGREEMENT

I hereby agree to INDEMNIFY, DEFEND, AND HOLD HARMLESS the Releasees from and against any and all liabilities, claims, demands, causes of action, losses, judgments, costs, and expenses (including, but not limited to, reasonable attorneys' fees and court costs) brought by or on behalf of any third party. This indemnification applies to any claims arising out of my participation in the Activities, my use of the Operator's equipment, or my actions, including claims resulting from my own NEGLIGENCE, recklessness, or intentional conduct that causes injury to another person or damage to another person's property.

5. EQUIPMENT DAMAGE AND FINANCIAL RESPONSIBILITY

I understand and acknowledge that the electric hydrofoil (e-foil) boards, wing foils, surfboards, batteries, remote controls, and associated equipment provided by the Operator are highly specialized, technologically advanced, and extremely expensive.

I agree to treat all equipment with the utmost care and strictly follow the Operator's instructions regarding its use. I agree to accept full financial responsibility for any loss, theft, or damage to the Operator's equipment caused by my use, misuse, reckless behavior, or failure to follow instructions. I understand and expressly agree that my financial responsibility for such damage or loss ranges from $100.00 for minor components up to $13,000.00 per e-foil board and battery unit. I agree to pay for the repair or full retail replacement cost of the equipment immediately upon demand.

6. OPERATOR’S ABSOLUTE DISCRETION AND RIGHT TO REFUSE SERVICE

I acknowledge that Participant safety is the primary concern of Super Stoked Surf Lessons LLC. I agree that the Operator, its instructors, and its agents retain the absolute right and sole discretion to make all decisions regarding the safety, feasibility, and duration of the Activities. This includes, but is not limited to, the right to cancel, shorten, or alter a lesson or rental based on weather forecasts, water conditions, or equipment status.

Furthermore, the Operator reserves the absolute right to refuse service, terminate participation, or recall equipment at any time if the Participant is deemed to be acting recklessly, failing to follow instructions, under the influence of drugs or alcohol, or otherwise posing a danger to themselves, others, or the equipment. In such instances, no refunds will be issued.

7. PHYSICAL CONDITION, MEDICAL AUTHORIZATION, AND INSURANCE

Fitness to Participate
I certify that I am physically and mentally capable of participating in the Activities. I represent that I have no medical or physical conditions, illnesses, or impairments that would prevent my safe participation or endanger myself or others.

Personal Insurance
I understand and acknowledge that the Operator does not provide medical, health, or disability insurance for Participants, nor does the Operator assume any responsibility or obligation to provide financial assistance in the event of an injury or illness. Personal medical insurance is strongly advised.

Consent to Treat
In the event of an emergency, I authorize the Operator and its representatives to secure medical treatment, first aid, or rescue services on my behalf. I expressly agree to bear all costs associated with such emergency medical care, rescue operations, and transportation, and I agree to indemnify the Operator for any such costs incurred on my behalf.

8. FLORIDA STATUTORY MINOR CLAUSE (COMPLIANCE WITH F.S. § 744.301)

NOTICE TO THE MINOR CHILD’S NATURAL GUARDIAN

READ THIS FORM COMPLETELY AND CAREFULLY. YOU ARE AGREEING TO LET YOUR MINOR CHILD ENGAGE IN A POTENTIALLY DANGEROUS ACTIVITY. YOU ARE AGREEING THAT, EVEN IF SUPER STOKED SURF LESSONS LLC USES REASONABLE CARE IN PROVIDING THIS ACTIVITY, THERE IS A CHANCE YOUR CHILD MAY BE SERIOUSLY INJURED OR KILLED BY PARTICIPATING IN THIS ACTIVITY BECAUSE THERE ARE CERTAIN DANGERS INHERENT IN THE ACTIVITY WHICH CANNOT BE AVOIDED OR ELIMINATED. BY SIGNING THIS FORM YOU ARE GIVING UP YOUR CHILD’S RIGHT AND YOUR RIGHT TO RECOVER FROM SUPER STOKED SURF LESSONS LLC IN A LAWSUIT FOR ANY PERSONAL INJURY, INCLUDING DEATH, TO YOUR CHILD OR ANY PROPERTY DAMAGE THAT RESULTS FROM THE RISKS THAT ARE A NATURAL PART OF THE ACTIVITY. YOU HAVE THE RIGHT TO REFUSE TO SIGN THIS FORM, AND SUPER STOKED SURF LESSONS LLC HAS THE RIGHT TO REFUSE TO LET YOUR CHILD PARTICIPATE IF YOU DO NOT SIGN THIS FORM.

9. PROMOTIONAL AND MEDIA RELEASE

In consideration of being permitted to participate in the Activities, I hereby grant Super Stoked Surf Lessons LLC, its affiliates, and its authorized representatives the irrevocable right and permission to photograph, record, and use my name, image, likeness, and voice (collectively, "Media") while participating in the Activities. I agree that the Operator may use this Media for any commercial or promotional purpose, including but not limited to marketing materials, social media, websites, and advertisements, in perpetuity and without any compensation, royalties, or further approval from me.

10. INTEGRATION CLAUSE (ENTIRE AGREEMENT)

This Agreement constitutes the entire, complete, and exclusive agreement between the Participant and the Operator concerning the subject matter herein. I understand and agree that this written Agreement supersedes any and all prior or contemporaneous understandings, representations, warranties, or agreements, whether written or oral. I specifically acknowledge that this Agreement cannot be modified, altered, or amended by any verbal promises, assurances, or statements made by the Operator's instructors, employees, or agents on the beach, on the water, or elsewhere.

11. GOVERNING LAW, VENUE, AND SEVERABILITY

Governing Law and Venue
I agree that this Agreement and any dispute, claim, or cause of action arising out of or related to my participation in the Activities shall be governed exclusively by the laws of the State of Florida, without regard to its conflict of law principles. I further agree that the exclusive venue for any legal action or proceeding shall be in the state courts located in Pinellas County, Florida, and I hereby submit to the personal jurisdiction of such courts.

Severability
I expressly agree that this Agreement is intended to be as broad and inclusive as permitted by the laws of the State of Florida. If any specific portion, clause, or provision of this Agreement is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full legal force and effect.

12. SIGNATURE BLOCK

I HAVE CAREFULLY READ THIS ENTIRE AGREEMENT, FULLY UNDERSTAND ITS TERMS, AND UNDERSTAND THAT I AM GIVING UP SUBSTANTIAL LEGAL RIGHTS BY SIGNING IT, INCLUDING THE RIGHT TO SUE SUPER STOKED SURF LESSONS LLC FOR NEGLIGENCE. I SIGN IT FREELY, VOLUNTARILY, AND WITHOUT ANY INDUCEMENT, DURESS, OR COERCION.

[ ] ADULT PARTICIPANT (Aged 18 or Older) 

Participant Name (Print): __________________________________________________ 

Participant Signature: _____________________________________________________ 

Date: ____________________________________________________________________ 

Phone Number: ___________________________________________________________ 

Email Address: ___________________________________________________________ 

Emergency Contact Name & Phone: _________________________________________

[ ] MINOR PARTICIPANT (Under the age of 18) & PARENT/GUARDIAN CONSENT Minor 

Participant Name (Print): _____________________________________________ 

Minor Participant Age & Date of Birth: _______________________________________

By signing below, I represent and warrant that I am the parent or legal guardian of the Minor Participant named above. I have the legal capacity and authority to act on behalf of the minor. I have read the statutory notice regarding minors, I agree to all the terms of this Agreement on behalf of the minor, and I agree to indemnify and hold the Releasees harmless for any claims brought by or on behalf of the minor.

Parent/Guardian Name (Print): ______________________________________________ 

Parent/Guardian Signature: _________________________________________________ 

Date: ____________________________________________________________________ 

Phone Number: ___________________________________________________________ 

Email Address: ___________________________________________________________ 

Emergency Contact Name & Phone: _________________________________________

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Launch Location: Indian Rocks Beach, Florida.