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STAND-UP PADDLEBOARDWARNING AND DISCLAIMERPLEASE READ AND UNDERSTAND PRIOR TO PURCHASING OR USING THE PADDLEBOARD
•This paddleboard and accompanying equipment(hereinafter, the “equipment”)ISNOT to be used as a life saving device. User should ensure that he/she is a competent swimmer before using.
•Stand-up paddle boarding (“SUP”)is intended to be done in open water. Open water can be calm, fast, shallow or deep, or any combination of these. It is the sole obligation of User of the user to determine whether the type of water is suitable to his/her skill level.
•User should always be aware of his/her surroundings and the weather conditions when engaging in SUP. The air and water temperatures may change quickly. Dress appropriately and prepare accordingly.
•The equipment is intended to be used solely for the activity of SUP. Some of the equipment has hard and/or sharp edges, be careful while handling and using.
•Taking an introductory lesson(at minimum) in SUP, taught by a qualified teaching professional, is highly recommended prior to engaging in SUP.
•When engaging in SUP, the User should understand how to safely and properly use, and use, safety equipment such as a helmet, lifejacket (and/or other PFD), sound signaling devices (e.g. a peerless whistle attached to a PFD), a surfer's leash, if appropriate, and a flashlight or headlamp.
•User should review and abide by all local, state and federal legal requirements regarding engaging in SUP. Rules and regulations may vary between jurisdictions.
•It is recommended that the User engage in SUP with a group. Children should always be supervised by an adult with experience in SUP.
•User should always handle his/her equipment with care and routinely inspect the equipment for damage or distress to ensure that it performs effectively and as intended.
INDEMNITY, LIABILITY RELEASE AND ASSUMPTION OF RISK
•By purchasing and/or using the equipment, you affirm that you are aware that SUP has inherent and other risks which may result in property damage, serious injury or death.
•By purchasing and/or using the equipment, you personally assume all risks involving the use thereof including, but not limited to, the risk of property damage, personal injury or death to yourself and others while using a paddleboard, whether negligent, intentional, foreseen or unforeseen.
•By purchasing and/or using the equipment, you irrevocably and unconditionally agree to fully release and indemnify, defend and save harmless, release and promise to not bring a claim of any nature against, Waterkids LLC and its owner and affiliates and their respective employees, directors, officers, agents, contractors, heirs, executors, estate trustees, personal representatives, successors and assigns(collectively, the "Released Parties") with respect to any and all damages, losses and liabilities in any way arising, directly or indirectly, from any injury, death or other damages to yourself, your family, executors, heirs, personal representatives or assigns, other persons or any property arising out of or in association to your purchase and/or use of the equipment.
•By purchasing and/or using the equipment, you further release, exempt and hold harmless the Released Parties from any claim or lawsuit by you, your family, estate, heirs or assigns, arising out of your purchase and/or use of the equipment, even if due to the Released Parties’ alleged negligence.
•You understand that SUP is a physically strenuous activity, that you will be exerting yourself, and that if you are injured as a result or in association of a heart attack, panic, dizziness, hyperventilation, drowning or any other condition or cause, that you expressly assume the risk of said injuries and that you will not hold the Released Parties responsible for the same.
•You understand that your own physical and medical condition may affect the safe use of the equipment.
•You understand that the use of a equipment should be limited according to the instructions in the above Warning/Disclaimer, including the supervision of children by adults.
•By purchasing and/or using the equipment, you accept the equipment AS IS and accept full financial responsibility for the care of the equipment to a standard required for safe use.
•As the purchase and/or use of the equipment is your voluntary act. By purchasing and/or using the equipment, you hereby agree that this indemnity, liability release and assumption of risk is a legally binding agreement on you and your heirs, executors, legal representatives and assigns. Any claim that you may bring must be filed in the Superior Court of the State of California, County of Nevada, Truckee Branch, and shall be governed by the laws of the state of California.