(Read This Form Before Signing)
In consideration of the participation of the participant in the Avila Beach Junior Lifeguard Program, and with the complete understanding that participant shall take a physical test of swimming skill and will engage in various activities on the beaches and in the waters of the Pacific Ocean and Avila Beach, I (We), the undersigned, (father and/or mother and/or guardian) of participant, a minor, agree and acknowledge as follows:
1. Participation in the Junior Lifeguard Program is voluntary.
2. The participant is in good health and able to participate in the Junior Lifeguard Program without restrictions, including swimming in the ocean.
3. Participant assumes all risks associated with participation in the Junior Lifeguard Program.
4. There is a real possibility that participant could be seriously injured while participating in the Junior Lifeguard Program.
5. The ocean is a natural condition with inherent risks to your child. A fatal shark attack occurred in the waters of Avila Beach in August, 2003.
The Junior Lifeguard Program provides trained personnel to train and instruct your child. However, the ocean is a natural condition with inherent risks to your child’s safety. Those risks include, without any limitation, physical injury and drowning. Also, your child will be swimming in the area of a fatal shark attack that occurred in August, 2003. Since that attack there have been confirmed and unconfirmed sightings of a great white shark in the water off Avila Beach.
With a complete understanding of the foregoing, the undersigned hereby releases, discharges and holds harmless the Avila Beach Junior Lifeguard Program, Port San Luis Harbor District, Pale Kai Outrigger Canoe Club, Hui Wa’a Outrigger Canoe Club, State Lands Commission and the State of California and their respective officers, agents, employees, consultants, contractors, related entities, and assigns (referred to as the “Released Entities”) of any injuries, death or damage whatsoever to person or property arising out of, or in any way related to, participation in the Junior Lifeguard Program operated by Avila Beach Junior Lifeguard Program, or use of and services, facilities, or equipment of Avila Beach Junior Lifeguard Program, or Port San Luis Harbor District, and also all claims or rights of action for damages which participant has, or may hereinafter have, either before or after he/she had reached his/her legal age (18 years old), resulting or to result from or in connection with participation in and /or arising out of travel to or returning from the Junior Lifeguard Program.
I further agree that neither my child nor I will pursue any claims or causes of action against any third parties that might give rise to a claim or cause of action being asserted, by that third party, against any of the Released Entities. I further agree to indemnify, defend and hold harmless each of the related parties for any loss or ability arising from or in connection with a third party claim against the Released Entities related to or arising from the matters released in this Waiver, Release and Assumption of Risk.
This Waiver, Release and Assumption of Risk affects the legal rights of you and your child. It will result, among other things, in waiving any rights you or your child may have to pursue claims for damages or injuries related to participation in the Avila Beach Junior Lifeguard Program.
Please Read this document carefully. By Signing, you will be deemed to have read and understood this release and assumption of risk in its entirety.
