1. ASSUMPTION OF RISK (NEW YORK–SPECIFIC)
I understand that surfing and ocean-related activities involve inherent risks that cannot be eliminated, including but not limited to:
- Drowning or near drowning
- Strong currents, rip tides, and shore break
- Contact with surfboards, fins, or other participants
- Marine life hazards
- Changing weather and ocean conditions
- Slips, falls, and physical exertion
I acknowledge that these risks are open and obvious and inherent to the activity. I voluntarily choose to participate with full knowledge of these dangers.
2. RELEASE OF LIABILITY (SUBJECT TO NEW YORK LAW)
In consideration for being allowed to participate, I agree to the fullest extent permitted by New York law to:
Release, waive, and discharge Ocean Hugh (a DBA of The Ulster Linen Company, Inc.), The Ulster Linen Company, Inc., and all of its owners, officers, directors, employees, instructors, contractors, agents, and affiliates (the “Released Parties”)
from any and all claims for injury, death, or property damage arising out of or related to participation in surfing lessons.
⚠️ Important New York Notice
I understand that New York General Obligations Law § 5-326 may limit the enforceability of liability waivers for certain recreational facilities where a fee is charged.
Accordingly:
- This agreement is intended to function as a clear assumption of risk acknowledgment
- It also supports defense against claims based on inherent risks
- It does not attempt to waive rights that cannot legally be waived
3. INDEMNIFICATION & HOLD HARMLESS
To the fullest extent permitted by law, I agree to:
Indemnify, defend, and hold harmless the Released Parties from and against any and all claims, demands, damages, losses, liabilities, costs, or expenses (including attorney’s fees)
arising out of or related to:
- My participation in surfing lessons
- My actions or negligence
- Any damage to property or injury to others caused by me
This obligation includes claims brought by third parties as a result of my conduct.
4. MEDICAL FITNESS & EMERGENCY CARE
- I am physically able to participate in surfing activities
- I have disclosed any relevant medical conditions
- I assume all risks related to my health
I authorize emergency medical treatment if necessary and agree to be financially responsible for any costs incurred.
5. EQUIPMENT USE & RESPONSIBILITY
- Use all equipment as instructed
- Inspect equipment before use
- Be responsible for negligent or intentional damage
6. MINOR PARTICIPANTS
(Required if under 18)
I, the parent/legal guardian, agree:
- To all terms on behalf of the minor
- To assume all risks on behalf of the minor
- To indemnify the Released Parties from claims brought by or on behalf of the minor