In consideration for the reservation and payment for the utilizing of the facilities and equipment of KiteboardingParadise.com I hereby understand and agree to this Release of Liability, Waiver of Legal Rights and Assumption of Risk and to the terms hereof as follows:    

1.      I acknowledge that certain activities I may participate in during my stay with KiteboardingParadise.com can be considered an action sport and recreational activity involving travel in three dimensions and such activity is subject to mishap and even injury and death to participants. Such activities may include but are not limited to kitesurfing, kiteboarding, swimming, diving, skin diving, sailing, power boating, hiking, exploring, interacting with local plants and animals, and rock climbing and these activities are hereinafter collectively referred to as Activities.

2.            I further acknowledge that there are no warranties applicable to the purchase, rental,  lease, or otherwise use of equipment by me and that all warranties whether expressed or implied are excluded.  THERE IS NO WARRANTY OF MERCHANTABILITY OR THAT THE EQUIPMENT IS FIT FOR ANY PURPOSE, and that I am accepting the said equipment as is and I hereby acknowledge that I will personally examine the said equipment prior to my using of the same.

3.              I hereby RELEASE AND DISCHARGE KiteboardingParadise.com and their owners, officers, directors, agents, employees, instructors, pilots and owners of equipment and the facility used for Activities (hereinafter collectively referred to as ‘‘Released parties’’), from any and all liability, claims, demands or causes of action that I may hereafter have for injuries / damages arising  out of my participation in Activities, including, but not limited to, losses CAUSED BY  THE NEGLIGENCE OF THE RELEASED PARTIES.

4.        I understand and acknowledge that these Activities have inherent dangers that no amount of care, caution, instruction or expertise can eliminate and I EXPRESSLY AND VOLUNTARILY ASSUME ALL RISK OF DEATH OR PERSONAL INJURY SUSTAINED WHILE PARTICIPATING IN THESE ACTIVITIES WHETHER OR NOT CAUSED BY THE NEGLIGENCE OF THE RELEASE PARTIES.

5.      I further agree that I WILL NOT SUE OR MAKE A CLAIM against the Released Parties for damages or other losses sustained as a result of my participation in these Activities.

6.      I also agree to INDEMNIFY AND HOLD THE RELEASED PARTIES HARMLESS from all claims, judgments and costs, including attorneys’ fees, incurred in connection with any action brought as a result of my participation in these Activities.

7.      I will take full responsibility for, and hold harmless Released Parties for any injury that I may suffer or inflict upon others or their property as a result of my engaging in these Activities.

8.      I agree that I will operate the said equipment in a reasonable and safe manner so as not to endanger the lives of persons or property of any individual.

9.      I have read and understood the above and acknowledge that the same constitutes a release of liability and a waiver of my legal rights and also acknowledgement of the assumption of liability by me of all risks arising out of my engaging in these Activities.

10.      I further represent that this Release of Liability, Waiver of Legal Rights and Assumption of Risk shall continue in full force and effect for so long as I engage in these Activities which are in any way connected to or with the Released Parties.


11.        I further represent that I am at least 18 years of age, or that as the parent or (adult) legal guardian, I waive and release any and all legal rights that may accrue to me, to my minor child or to the minor child for whom I am  (adult) legal guardian, as the result of any injury that my minor child, the minor child for whom I am (adult) legal guardian or I may suffer while engaging in these Activities.    

12.        I hereby expressly recognize that this Release of Liability, Waiver of Legal Rights and Assumption of Risks is a contract pursuant to which I have released any and all claims against the Released Parties resulting from participation in these Activities including any claims by the negligence of the Released Parties by any of the undersigned.

I HAVE READ THIS RELEASE OF LIABILITY, WAIVER OF LEGAL RIGHTS AND ASSUMPTION OF RISK AND FULLY UNDERSTAND ITS CONTENTS.  I AGREE TO IT OF MY OWN FREE WILL AND AGREE TO BE BOUND BY IT.       


DECLARATION OF FITNESS FOR ACTIVITIES

I hereby declare that I am physically fit. I do not, and have not, suffered from any of the following conditions, which I understand may lead to a dangerous situation with regard to other persons or myself during these Activites.   

Epilepsy, fits, severe head injury, recurrent blackouts or giddiness, disease of the brain or nervous system high blood pressure, lung or heart disease, recurrent weakness or dislocation of any limb, diabetes, mental illness, drug or alcohol addiction, recent back injury, arthritis and severe joint sprains, chronic bronchitis, asthma, rheumatic fever, thyroid adrenal or other glandular disorder, recent blood donation or any condition that requires the regular use of drugs.   

I hereby declare that I have no physical or mental condition that should preclude me from participating in my chosen Activities, that I am not participating against medical advice or treatment.

I further declare that I have adequate swimming skills to safely participate in any water activities and that I accept responsibility for requesting flotation devices prior to my need.

I further declare that in the event that I feel ill or unwell, have any physical complaints whatsoever or if an injury is sustained of any kind during the course of these Activities, I will notify one or more representatives of KiteboardingParadise.com immediately.   

I have read the above Declarations, understand them, and I agree to be bound by them.

General Facility Policies

1. I understand that while the staff at KiteboardingParadise.com will make every reasonable effort to teach and show me how to use the equipment provided to me, once the staff are reasonably confident that I know how to use the equipment, I am responsible for the equipment, including the setting up and storing of any equipment provided to me.

2. If I can rig, launch, and ride upwind (as demonstrated to the instructor and approved by the instructor) I may opt out of instruction. Otherwise, I understand that I must purchase a full week of instruction to be allowed to use the equipment.

3. The facility is non-smoking. The non-smoking area includes an area of within 100 feet of any equipment of KiteboardingParadise.com. This means that you must be at least 100 feet away from the yacht, dingy, kites, boards, and any other equipment supplied by KiteboardingParadise.com to be able to smoke. We hope you understand the health consequences of smoking; we certainly do. We also understand the health consequences of secondhand smoke and find the smell of smoke unpleasant at the very least. We have found that it takes at least 100 feet of distance for equipment such as kites to keep the equipment from absorbing the smell of smoke.

If you are a non-smoker, you are very welcome to join us in our completely smoke-free environment. If you are a smoker, you are equally welcome, however, we require that you either not smoke during the duration of the trip, or smoke at a distance of at least 100' from facilities and equipment to respect the wishes of our non-smokers.