DISCLAIMER OF LIABILITY FOR PARTICIPATION OF EFOIL CLASSES

 

DISCLAIMER OF LIABILITY FOR PARTICIPATION OF eFOIL CLASS OR EXCURSION CONTRACTED WITH E-AQUATIC AND THE INSTRUCTION GIVEN BY WAVE ADDICT. THIS IS A LEGAL DOCUMENT. 

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MY NAME/SIGNATURE IS MY ACKNOWLEDGMENT OF THE CONTENTS OF THIS AGREEMENT. I WILL NOT SIGN THIS DOCUMENT UNLESS I FULLY UNDERSTAND AND AGREE  THAT THE CONTENT IS BINDING. 

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I, _____(enter data in the table)_____ name of participant, being an adult (or a minor over 16 years of age, on whose behalf a parent or legal guardian signs this document ) (hereinafter “I” or “me”), acknowledge ​

1. PERSONAL HEALTH. I know how to swim, and I am in good health. My swimming skills are higher than a beginner's and I can keep my head above water for extended periods of time if my feet are not in contact with the bottom. I also have good physical and mental health. I am not under the influence of drugs, alcohol or other substances that affect my swimming ability or my ability to take and follow instructions. Furthermore, I am not pregnant, and I do not have a spinal or skeletal defect, hearing, vision or balance impairment or other physical impairment. I understand that the foregoing assumptions regarding my physical conditions are made by E-AQUATIC & WAVE ADDICT​

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Furthermore, I am not suffering from physical or psychological illness or limitation that incapacitates or impairs me to any degree to carry out the intended activity or endangers my own life. I am informed and therefore know and take on the risks inherent in the practice of eFoiling, as well as the risks associated with this activity to develop, exempting E-AQUATIC & WAVE ADDICT from responsibility and compensation for any accident, however caused.

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​2. LEGAL AGE: Clients between 16-18 years of age who participate in any activity given by E-AQUATIC & WAVE ADDICT must be granted written permission signed by both parents, or by the parent who has custody or guardianship in the and must be accompanied by a person over 18 years of age, duly accredited by parents or guardian.
 

3. ASSOCIATED RISK. eFoiling can be dangerous, and I accept and take such risks; I am aware that open water activities in general and eFoiling in particular carry inherent risks.  I have read and undertake to comply at all times with the instructions given by  E-AQUATIC & WAVE ADDICT. 

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4.  DAMAGE. I can damage my belongings, injure people, get hurt, drown or even die. I further acknowledge that I have voluntarily chosen to take an eFoil class/guided excursion with E-AQUATIC & WAVE ADDICT. Furthermore, I voluntarily assume all risks and hazards associated with eFoiling and environment related activities until the end of the class/guided excursion including, but not limited to those related to: — Loss of control of the eFoil, failure of the eFoil, falling off the eFoil, collision with other participants, equipment, other eFoils and other man-made or natural obstacles, immersion in water, drowning. Encounters with animals, marine life, plants, rocks, and insects. Assisting with lifting and/or wearing eFoil equipment. I understand and acknowledge that the above list is not intended to be exhaustive, and that other unforeseen and unexpected hazards, known or unknown, may also exist resulting in damage, injury, illness, or death. 

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5. LIABILITY: My right to claim liability against E-AQUATIC & WAVE ADDICT has been waived; in return, E-AQUATIC & WAVE ADDICT agree to supply the required safety equipment and teach me to eFoil taking into consideration all reasonable safety precautions.  I agree that I will not make any claim or take any action against, sue or hold responsible: E-AQUATIC & WAVE ADDICT, its owners, employees, associates, partners for any responsibility or damage incurred during the equipment lesson/rental period. 

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6. AGREEMENT. I hereby agree to follow all rules, regulations, and instructions of  E-AQUATIC & WAVE ADDICT when using their equipment. Furthermore, I have read this document in its entirety, and it is my intention that it will be broadly interpreted in favour of E-AQUATIC & WAVE ADDICT. In case of ambiguities, which are thus resolved in favour of E-AQUATIC & WAVE ADDICT I understand that I take all risks inherent in this activity, and that I could be injured, sick or even die from eFoiling. I understand that this is a disclaimer of all claims. Furthermore, I understand that this is the agreement between myself and E-AQUATIC & WAVE ADDICT and that no representations are made by E-AQUATIC & WAVE ADDICT outside this agreement. 

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7. CONSENTING FOR THE PUBLICATION OF IMAGES, E-AQUATIC & WAVE ADDICT. Any and all visuals albeit stills, video, voice recordings, will be processed in accordance with Regulation (EU) 2016/679 of 27 April (RGPD), Organic Law 3/2018 of 5 December (LOPDGDD) and Law 1/1982 on Civil Protection, Right to Honor, Personal and Family Privacy.

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Purpose and Processing to publicise them on their websites and social networks (by consent of the person concerned, art. 6.1.a RGPD). In no case shall the full name of the client be published. Data conservation criteria: they shall be kept for no longer than necessary to maintain the end of the treatment or as long as there are legal requirements dictating custody and where not necessary for this purpose, they shall be deleted with adequate security measures. Communication of data: data shall not be communicated to third parties without their consent, except as a legal obligation. The person concerned may or may not authorize treatment by pointing out an ‘X’ in the corresponding box of YES (I give consent) or NOT (I do not give consent) for the following categories of addressees: E-AQUATIC & WAVE ADDICT websites and social networks. Rights assisting the person concerned: Withdraw consent at any time. Access, rectification, portability and deletion of your data and limitation or opposition to treatment. Complaint a claim to the Control Authority ( www.aepd.com ) if the client considers that the treatment does not comply with the existing regulations. Contact details to exercise your rights:  E-AQUATIC, Calle del Pi, 39, Sant Pere de Ribes, 08810 Barcelona. Email: hello@eaquatic.eu.

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​I voluntarily sign (on behalf of my child under the age of 18 years old, if applicable) with my name and signature as proof of my acceptance of all provisions of this agreement and understand that by my signature this agreement is binding. I have read, understood and acknowledged the above statement and hereby agree to the risks and warnings and to the above-mentioned disclaimer of liability of E-AQUATIC & WAVE ADDICT

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