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Finatic™ Waiver Release and Indemnity Agreement

Please review following the Waiver Release and Indemnity Agreement.

If you are under 18 we ask that you please review our indemnity agreement and terms and conditions with your parents or legal guardian and get their permission to join our Finatic™ Fin Testing Program.™

THIS IS THE SURFBOARD WAREHOUSE’S WAIVER RELEASE AND INDEMNITY AGREEMENT FOR FINATIC™

This document will affect your legal rights and abilities, please read it carefully and if you don’t understand some aspects of it seek the advice of an attorney.

READ CAREFULLY BEFORE PROCEEDING

I am aware that surfing involves many inherent RISKS, DANGERS and HAZARDS, including but not limited to, the use and operation of surfboards, impact of collision with surfboards or any parts thereof including the fins and other attachments; skin irritations or abrasions caused by the use of wetsuits, ear infections caused by the water; impact to the beachhead, or, as the case may be, the ocean floor; severe weather conditions; my ability to swim in dangerous ocean conditions, as the case may be; extreme water and air temperatures; the prevailing condition of the surf; undertow and tide; the possible existence of dangerous rocks, reefs, driftwood, logs, floating objects, sea mammals, marine life and other hazards and obstructions; impact of collision with swimmers or other surfers or their surfboards, whether or not caused by negligence of such swimmers or surfers; dangers involved in traveling to the surfing area and hazards involved in reaching the shoreline by foot; negligence on the part of The Surfboard Warehouse, Inc. or its staff.  I freely accept and fully assume all such risks, dangers and hazards and the possibility of personal injury, death, property damage or loss resulting from such risks, dangers, and hazards. In consideration of The Surfboard Warehouse, Inc. agreement to provide me with trial and testing of surfboard fins through the Finatic™ Fin Testing Program™,
 

I hereby agree as follows:
1.  TO ASSUME AND ACCEPT ALL RISKS, DANGERS AND HAZARDS in connection with the Finatic™ Fin Testing Program™, Trial Fins, surfing or any related activities;

 
2.  TO WAIVE ANY AND ALL CLAIMS that I may have against The Surfboard Warehouse, Inc., their director(s), employees and representatives (all of whom are collectively referred to as “The Surfboard Warehouse, Inc.”) and the manufacturer of the Trial Fins; FCS, FCS II, Future Fins, Kinetik Racing, 3D Fins, Fin-S, Rainbow Fins, Turbo Tunnel or any other fins offered through the Finatic™ Fin Testing Program™ as the case may be;

 
3.  TO RELEASE The Surfboard Warehouse, Inc. and the manufacturer of the Trial Fins; FCS, Future Fins, FCS II, Kinetik Racing, 3D Fins, Fin-S, Rainbow Fins, Turbo Tunnel or any other fins offered through the Finatic™ Fin Testing Program™ as the case may be, from any and all liability for any loss, damage, injury or expense that I, or my next of kin, may suffer or incur as a result of my use of the Finatic™ Fin Testing Program™, Trial Fins, surfing or any related activities due to any cause whatsoever, INCLUDING NEGLIGENCE ON THE PART OF THE SURFBOARD WAREHOUSE, Inc. and/or NEGLIGENCE ON THE PART OF THE TRIAL FIN MANUFACTURER; FCS, FCS II, FUTURE FINS, KINETIK RACING, 3D FINS, FIN-S, RAINBOW FINS, TURBO TUNNEL, OR ANY OTHER FINS OFFERED THROUGH THE FINATIC™ FIN TESTING PROGRAM, AS THE CASE MAY BE;

 
4.  TO HOLD HARMLESS AND INDEMNIFY THE SURFBOARD WAREHOUSE, Inc. and the manufacturer of the Trial Fins; FCS, FCS II, Future Fins, Kinetik Racing, 3D Fins, Fin-S, Rainbow Fins, Turbo Tunnel, or any other fins offered through the Finatic™ Fin testing Program™ as the case may be, from any and all liability for property damage, personal injury or death suffered by myself or by a third party as a result of my use of the Finatic™ Fin Testing Program™, Trial Fins, surfing or any other related activities;

 
5.  THAT THIS RELEASE AND INDEMNITY AGREEMENT shall be effective and binding on my heirs, next of kin, executors, administrators, and assigns, in the event of my death;

 
6.  TO OBEY any warnings, safety instructions, cautions and other notices provided to me by The Surfboard Warehouse, Inc. or the manufacturer; FCS, FCS II, Future Fins, Kinetik Racing, 3D Fins, Fin-S, Rainbow Fins, Turbo Tunnel, or any other fins offered through the Finatic™ Fin testing Program™ as the case may be;


I have read and understand this Waiver Release and Indemnity Agreement prior to agreeing to it and am aware that by subscribing to/participating in the Finatic™ Fin Testing Program™ I am signing this document and I am affecting the legal rights and liabilities of myself, my heirs, next of kin, executors, administrators and assigns in relation to The Surfboard Warehouse, Inc. If under 18, I am the parent or legal guardian of the person wishing to join the Finatic™ Fin Testing Program™ and by their participation in the Finatic™ Fin Testing Program™, I hereby agree to the Waiver Release and Indemnity Agreement stated above on their behalf .
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