全新【長洲衝浪Surf Park】戶外衝浪體驗連教練指導

Participation Agreement

I, the undersigned hereby, upon signing this agreement, agree to give up my rights and the rights of my spouse and/or child(ren) to bring any form of legal proceeding against Cheung Long Limited or Cheung Chau Surfing Association for any injury, including paralysis, or death, caused in whole or in part by the negligence or fault of Cheung Long Limited or Cheung Chau Surfing Association including any of its agents, employees, property and equipment.
In consideration of being allowed to participate in the services and activities, including, but not limited to, for surf activity access, use and access of its machines and facilities within its property and vending machine access and any other amusement activities (collectively "Activities"), provided by Cheung Long Limited or Cheung Chau Surfing Association Limited and its agents, owners, officers, directors, principals, volunteers, participants, clients, customers, invitees, employees, independent contractors, insurers, facility operators, land and/or premises owners, and any and all other persons and entities acting in any capacity on its behalf (collectively "CHEUNG LONG LIMITED OR CHEUNG CHAU SURFING ASSOCIATION"),I, on behalf of myself, and/or on behalf of my spouse, minor child(ren)/ward(s), hereby agree to forever release, indemnify and discharge CHEUNG LONG LIMITED OR CHEUNG CHAU SURFING ASSOCIATION on behalf of myself, my spouse, legal partner, my children, my parents, my guardians, heirs, assigns, personal representatives and estate, and all other persons and entities as set forth below.
The undersigned, for myself, and/or on behalf of my spouse, minor child(ren)'ward(s). hereby acknowledges, agrees and represents that immediately upon entering or participating I will, inspect and carefully consider CHEUNG LONG LIMITED OR CHEUNG CHAU SURFING ASSOCIATION premises and facilities. It is further warranted that such entry into CHEUNG LONG LIMITED OR CHEUNG CHAU SURFING ASSOCIATION facilities for observation or use of any facilities or equipment or participation in Activities constitutes an acknowledgement that such premises and all facilities and equipment thereon have been inspected and carefully considered and that the undersigned finds and accepts same for myself, and/or on behalf of my spouse, minor child(ren)/ward(s) as being safe and reasonably suited for the purpose of such observation, use or participation by myself, and/or by my spouse, minor child(ren)'ward(s). The undersigned, for myself, and/or on behalf of my spouse, minor child(ren)/ward(s)hereby represent that (i) I/we are in good health and in proper physical condition to participate in the Activities in which CHEUNG LONG LIMITED OR CHEUNG CHAU SURFING ASSOCIATION provides; and (ii) I/we are not under the influence of alcohol or any illicit or prescription drugs which would in any way impair my/our ability to safely participate in Activities; (iii) I/we have not been advised against participation in any of the Activities by a health professional. I agree that it is my sole responsibility to determine whether I/we are sufficiently fit and healthy enough to participate in Activities. The undersigned, for myself, and/or on behalf of my spouse, minor children) ward(s), agree to be familiar with and to abide by the rules established for the Activities, which include without limitation the rules posted in the facility and/or the CHEUNG LONG LIMITED OR CHEUNG CHAU SURFING ASSOCIATION website. The undersigned, for myself, and/or on behalf of my spouse, minor child(ren)/ward(s), accepts sole responsibility for my own conduct and actions, as well as the conduct and actions of my spouse, minor child(ren)/ward(s) while participating in the Activities, and the condition and adequacy of the equipment.
(1) RELEASE OF LIABILITY: Despite all known and unknown risks including but not limited to serious bodily injury, permanent disability, paralysis and loss of life, I, on behalf of myself, and/or on behalf of my spouse, minor child(ren)/ ward(s) hereby expressly and voluntarily remise, release, acquit, satisfy and forever discharge and agree not to sue CHEUNG LONG LIMITED OR CHEUNG CHAU SURFING ASSOCIATION, including its suppliers, designers, installers, manufacturers of any equipment, or such other material and equipment in CHEUNG LONG LIMITED OR CHEUNG CHAU SURFING ASSOCIATION facility (all herein after referred to as "EQUIPMENT SUPPLIERS") and agree to hold said parties harmless of and from any and all manner of actions or omission(s), causes of action, suits, sums of money, controversies, damages, judgments, executions, claims and demands whatsoever, in law or in equity, including, but not limited to, any and all claims which allege negligent acts and/or omissions committed by CHEUNG LONG LIMITED OR CHEUNG CHAU SURFING ASSOCIATION and/or any EQUIPMENT SUPPLIERS, whether the action arises out of any damage, loss, tort, personal injury, or death to me or my spouse, minor children)/ward(s), while participating in or as a result of participating in any of the Activities in or about the premises. This Release of Liability, is effective and valid regardless of whether the damage, loss, personal injury or death is a result of any act or omission on the part of CHEUNG LONG LIMITED OR CHEUNG CHAU SURFING ASSOCIATION and/or any EQUIPMENT SUPPLIERS.
(2) INDEMNIFICATION: I understand that the known and unknown risks may be caused directly or indirectly, in whole or in part by my or my spouse or child(ren)/wards own actions or inactions, the actions or inactions or negligence of others participating in the Activities, or the acts, inaction or negligence of CHEUNG LONG LIMITED OR CHEUNG CHAU SURFING ASSOCIATION or any EQUIPMENT SUPPLIERS, and in consideration of being allowed, along with my spouse and/or my minor child(ren)/ward(s) to participate in the Activities, I hereby assume all risk of damage, loss, personal injury, or death to myself, my spouse and/or my minor child(ren)/ward(s) as a result of the participation in Activities in or about the facility, including any such loss due to any negligence (including gross negligence) of CHEUNG LONG LIMITED OR CHEUNG CHAU SURFING ASSOCIATION and all EQUIPMENT SUPPLIERS and agree to indemnity and hold harmless CHEUNG LONG LIMITED OR CHEUNG CHAU SURFING ASSOCIATION and all EQUIPMENT SUPPLIERS from and against any and all direct/indirect losses, liabilities, claims, obligations, costs, damages and/or expenses whatsoever paid, incurred and/or suffered by CHEUNG LONG LIMITED OR CHEUNG CHAU SURFING ASSOCIATION and all EQUIPMENT
SUPPLIERS as a result of any claims asserted by myself, my spouse and/or child(ren)/ward(s) against CHEUNG LONG LIMITED OR CHEUNG CHAU SURFING ASSOCIATION and all EQUIPMENT SUPPLIERS, including, but not limited to, any and all attorneys' fees, costs, damages and/or judgments CHEUNG LONG LIMITED OR CHEUNG CHAU SURFING ASSOCIATION and all EQUIPMENT SUPPLIERS incurs in the event of such loss whether caused by the negligence of CHEUNG LONG LIMITED OR CHEUNG CHAU SURFING ASSOCIATION or any EQUIPMENT SUPPLIERS and that on behalf of myself, my spouse or my minor child(ren)/'ward(s) I further agree to indemnify and hold harmless CHEUNG LONG LIMITED OR CHEUNG CHAU SURFING ASSOCIATION for any injury, damage and/or harm myself, my spouse and/or my minor child(ren)/ward(s) cause to CHEUNG LONG LIMITED OR CHEUNG CHAU SURFING ASSOCIATION or its facility and/or to any and all other persons and entities acting in any capacity on behalf of CHEUNG LONG LIMITED OR CHEUNG CHAU SURFING ASSOCIATION.
(3) ATTORNEYS' FEES: I agree to indemnify CHEUNG LONG LIMITED OR CHEUNG CHAU SURFING ASSOCIATION for any attorneys' fees and/or costs incurred to enforce this agreement, including all costs associated with any collection efforts. Further, should any debt and/or judgment accrue in favor of CHEUNG LONG LIMITED OR CHEUNG CHAU SURFING ASSOCIATION, pre-judgment and post judgment interest shall accrue thereon at a rate of 18% per annum.
(4) PHOTO RELEASE: By entering CHEUNG LONG LIMITED OR CHEUNG CHAU SURFING ASSOCIATION and participating in the Activities, I hereby grant CHEUNG LONG LIMITED OR CHEUNG CHAU SURFING ASSOCIATION on behalf of myself, my spouse and on behalf of my child(ren)/ward(s), the irrevocable right and permission to photograph and/or record me. my spouse or my child(ren)/ ward(s) in connection with CHEUNG LONG LIMITED OR CHEUNG CHAU SURFING ASSOCIATION and to use the photograph and/or recording for all purposes, including advertising and promotional purposes, in any manner and all media now or hereafter known, in perpetuity throughout the world, without restriction as to alteration. I waive any right to inspect or approve the use of the photograph and/or recording, and acknowledge and agree that the rights granted to this release are without compensation of any kind.
(5) TERMS OF AGREEMENT: I understand that this agreement shall continue to be legally enforceable unless expressly terminated by CHEUNG LONG LIMITED OR CHEUNG CHAU SURFING ASSOCIATION and will have full force and legal effect each and every time I or my spouse and/or child(ren)/ward(s) visit CHEUNG LONG LIMITED OR CHEUNG CHAU SURFING ASSOCIATION, whether at the current location or any other location or facility. The undersigned further expressly agrees that this agreement is intended to be as broad and inclusive as is permitted by the applicable laws in Hong Kong SAR and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
(6) VENUE: In the event a legal proceeding is led against CHEUNG LONG LIMITED OR CHEUNG CHAU SURFING ASSOCIATION I agree to the sole and exclusive venue of CHEUNG LONG LIMITED OR CHEUNG CHAU SURFING ASSOCIATION. I further agree that the substantive law of Hong Kong SAR shall apply without regard to any conflict of law rules. By signing this document, I understand that I may be found by a court of law to have forever waived my and my spouse and/or child(ren)/ward(s)right to maintain any action against CHEUNG LONG LIMITED OR CHEUNG CHAU SURFING ASSOCIATION on the basis of any claim from which I have released CHEUNG LONG LIMITED OR CHEUNG CHAU SURFING ASSOCIATION and any released party herein and that I have assumed all risk of damage, loss, personal injury, or death to myself, my spouse and/or my minor child(ren)/ward(s) and agreed to indemnify and hold harmless CHEUNG LONG LIMITED OR CHEUNG CHAU SURFING ASSOCIATION and all EQUIPMENT SUPPLIERS from and against any and all direct or indirect losses, liabilities, claims, obligations, costs, damages and/or expenses whatsoever paid, incurred and/or suffered by CHEUNG LONG LIMITED OR CHEUNG CHAU SURFING ASSOCIATION and all EQUIPMENT SUPPLIERS as a result of the participation in the Activities in or about the facility by myself, my spouse and/or child(ren)/ward(s) and/or claims asserted by myself, my spouse and' or child(ren)/ward(s) against CHEUNG LONG LIMITED OR CHEUNG CHAU SURFING ASSOCIATION and all EQUIPMENT SUPPLIERS related to such participation in Activities. I have had a reasonable and sufficient opportunity to read and understand this entire document and consult with legal counsel, or have voluntarily waived my fight to do so. I knowingly and voluntarily agree to be bound by all terms and conditions set forth herein.

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