ENSENADA SURFING CO.

WAIVER AND RELEASE OF LIABILITY, ASSUMPTION OF RISK, AND MEDICAL AUTHORIZATION AGREEMENT

ASSUMPTION OF RISK

In consideration of participating in surf lessons, surf coaching, surf camps, guided surf sessions, equipment rentals, and any related activities provided by Ensenada Surfing Co. ("Company"), I acknowledge and agree that surfing and ocean-related activities involve inherent risks that cannot be eliminated regardless of the care taken by the Company.

I understand and voluntarily accept all risks associated with participation, including but not limited to:

  • Drowning, near-drowning, or submersion injuries

  • Impact with surfboards, fins, leashes, or other equipment

  • Collisions with other participants, swimmers, surfers, boats, piers, rocks, reefs, or other natural or man-made objects

  • Ocean currents, rip currents, shore break, waves, tides, and changing ocean conditions

  • Marine life encounters, including stingrays, jellyfish, sea urchins, sharks, and other aquatic animals

  • Exposure to sun, wind, heat, cold, weather conditions, bacteria, viruses, and other environmental hazards

  • Falls, slips, trips, strains, sprains, fractures, head injuries, spinal injuries, paralysis, illness, or death

  • Delays in obtaining emergency medical care due to the remote or outdoor nature of activities

I understand that this list is not exhaustive and that unforeseen risks may exist.

RELEASE OF LIABILITY

To the fullest extent permitted by law, I voluntarily release, waive, discharge, and covenant not to sue Ensenada Surfing Co., its owners, officers, directors, instructors, guides, employees, contractors, agents, representatives, successors, and assigns from any and all claims, liabilities, demands, damages, losses, costs, expenses, actions, or causes of action arising from or related to my participation in any Company activities, including those resulting from injury, illness, property damage, disability, or death.

This release applies whether arising from negligence or otherwise, except where prohibited by applicable law.

PHYSICAL CONDITION AND FITNESS

I certify that:

  • I am physically capable of participating in surfing and related activities.

  • I do not suffer from any condition that would make participation unsafe.

  • I have consulted a physician if I have any concerns regarding my fitness to participate.

  • I understand that the Company is relying on my representations regarding my health and physical condition.

MEDICAL INSURANCE AND RESPONSIBILITY

I certify that I maintain valid medical insurance that covers injuries, accidents, illnesses, and medical treatment that may occur during participation.

I understand that Ensenada Surfing Co. does not provide medical insurance and is not responsible for any medical expenses incurred as a result of my participation.

I accept full responsibility for all medical costs and expenses that may arise.

EMERGENCY MEDICAL AUTHORIZATION

In the event of an accident, injury, illness, or medical emergency, I authorize Ensenada Surfing Co. and its representatives to obtain emergency medical treatment on my behalf if I am unable to do so.

I understand and agree that:

  • Emergency treatment may be sought without prior notice to me.

  • The Company is not responsible for the quality or outcome of any medical treatment provided.

  • I am solely responsible for all medical and transportation costs incurred.

COMPLIANCE WITH INSTRUCTIONS

I agree to follow all safety rules, instructions, and directions provided by Ensenada Surfing Co. instructors and staff.

I understand that failure to comply with safety instructions may result in immediate termination of my participation without refund.

EQUIPMENT RENTAL RESPONSIBILITY

If I rent or borrow any equipment from Ensenada Surfing Co., including surfboards, wetsuits, leashes, or accessories, I agree to:

  • Use the equipment properly and responsibly.

  • Return all equipment in the condition received, excluding normal wear and tear.

  • Pay for repair or replacement of equipment damaged, lost, stolen, or destroyed due to my misuse, negligence, or failure to exercise reasonable care.

PHOTOGRAPHY AND MEDIA RELEASE

I grant Ensenada Surfing Co. permission to photograph, videotape, or otherwise record my participation.

I authorize the Company to use such photographs, videos, recordings, or likenesses for advertising, marketing, social media, promotional, educational, and business purposes without compensation or further approval.

INDEMNIFICATION

I agree to indemnify, defend, and hold harmless Ensenada Surfing Co. and its owners, instructors, employees, agents, and representatives from any claims, liabilities, damages, costs, or expenses arising from my actions, conduct, negligence, or participation in Company activities.

PARENT OR LEGAL GUARDIAN CONSENT FOR MINORS

If the participant is under 18 years of age, the undersigned parent or legal guardian:

  • Consents to the minor's participation.

  • Acknowledges and accepts all risks described in this agreement.

  • Agrees to all terms and conditions on behalf of the minor.

  • Assumes responsibility for the minor's conduct and safety.

  • Releases and indemnifies Ensenada Surfing Co. to the fullest extent permitted by law.

GOVERNING LAW

This Agreement shall be governed by and interpreted in accordance with the laws of Baja California, Mexico, without regard to conflict of law principles.

Any dispute arising from this Agreement shall be resolved in the appropriate courts having jurisdiction in Baja California, Mexico.

SEVERABILITY

If any provision of this Agreement is determined to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect.

ACKNOWLEDGMENT

I certify that:

  • By booking this activity, I agree to this terms.

  • I have carefully read this entire Agreement.

  • I fully understand its contents.

  • I understand that I am giving up substantial legal rights by agreeing to it.

  • I intend for this Agreement to be binding upon myself, my heirs, personal representatives, successors, and assigns.