General Disclaimer: Surfing is dangerous and may result in serious injury or death. The inherent risks of surfing include, but are not limited to, impacts with hard or sharp objects, exposure to cold water, physical exhaustion, and drowning. We are making you aware of these risks because, by participating in activities organized by Surf Camp, you agree to accept the risk associated with these activities and agree to hold harmless Surf Camp and its associates from any injury or other damages that arise from participation in our programs, even if those activities lead to you or your child's serious injury or death.
By participating in activities organized by Maine Surf Adventures LLC and its Owners, Employees, and/or Volunteers (henceforth referred to as "Surf Camp"), you are indicating that you understand the risks of participation, including the risk of serious injury or death. Typical activities at Surf Camp include, but are not limited to, surfing, swimming in the ocean, body surfing and boogie boarding, beach games and recreational activities, hiking on uneven ground and on or over rocks (often barefooted), and a variety of other activities associated with the outdoors. Surf Camp occurs outdoors and, as a result, participants in any of our programs will be exposed to a variety of weather conditions, possibly including (but not limited to) cold, rain, high wind, thunder and lighting, hail, sunshine, and high surf. Exposure or overexposure to any of these elements can cause injury or death. Moreover, in the course of Surf Camp activities, we may choose to relocate our activities to an alternative location because of challenging weather conditions, in which case all participants will be provided transportation by Surf Camp. Under such circumstances, all the normal risks of riding in an automobile are inherent.
Examples of the inherent risks associated with participating in Surf Camp activities include, but are not limited to: head, neck, or back injury; drowning, near drowning, and panic in water, waves, and currents; collision with another person or object; transportation accidents including those that may occur in vehicles driven by Surf Camp; dropped equipment; equipment that may be out of control; uncomfortable or dangerous water temperature or air temperature; hypothermia; hyperthermia; exposure to the “elements,” including excessive wind, rain, hail, sunshine, and lightning; dehydration; sun burn; contaminated water or food; bee stings, and/or contact with creatures on the land or in the ocean that may cause injury.
In consideration of participation, by you or your minor child (henceforth referred to as the “Participant”), you acknowledge that participation is voluntary and that you have been made aware of the potential dangers involved. Furthermore, you agree to accept and bear the risks of participation, including the risk of serious injury or death, while fully releasing Surf Camp from any and all claims of wrongdoing, including when injury or death is the result of ordinary negligence or negligent rescue operations. The Participant and the Participant's family, estate, heirs, and/or assigns further covenant not to pursue legal action against Surf Camp, any camp participant, any beach goer, or any person present or participating in activities of Surf Camp, for any present and/or future claims, including but not limited to property damage, personal injury, or death, arising as a result of participation in Surf Camp sponsored activities or any activities incidental to participation in Surf Camp.
This participation agreement is intended to be construed and applied in accordance with the laws of the State of Maine, and is intended to be as broad and inclusive as those laws permit. If any portion of this agreement is held invalid, the remainder of the waiver will continue in full force and effect. In the event any dispute arises between the Participant and Surf Camp, the matter shall be submitted promptly for mediation in Portland, Maine and the reasonable cost of such mediation shall be split equally among the parties. In the event that mediation is unsuccessful, the dispute shall be submitted for arbitration in Portland, Maine in accordance with the rules of the American Arbitration Association and the reasonable cost of such arbitration shall be split equally among the parties.
I, as the person legally responsible for the Participant (if Participant is not myself), have read this Participation Agreement and fully understand and agree to its contents, and furthermore understand that checking the below box constitutes a legal signature.
I hereby grant permission for medical treatment to be given to my Child, or any person over whom I have legal guardianship, as needed due to injury or sudden illness based upon the discretion of the acting rescue person or medical professional.
In the event of inclement weather conditions, Surf Camp may relocate to Sprague Hall in Cape Elizabeth, or engage in other non-beach activities at the discretion of the Camp Director. There may be other unforeseen reasons for leaving Scarborough Beach, in which case you will be promptly notified. In the case that the decision is made to leave the beach, campers will be required to ride in Surf Camp staff's private vehicles. There may also be times when we make the decision not to go surfing, for example because of poor or dangerous ocean conditions. In these circumstances we may engage in other outdoor activities, such as (but not limited to) hiking or snorkeling. All outdoor activities contain inherent risks and factors that are out of our control. We will do our best to assess and mitigate such risks, however by allowing your child to participate in Surf Camp, you agree to accept these risks and hold Surf Camp harmless in the case of an adverse outcome.
During Surf Camp your child may have his or her photo taken as part of a group or individually. Such a photograph may be given out to other campers as memorabilia from camp or may appear in promotional materials that the camp may produce and distribute in the future. If you do not want your child's picture to be taken please make a special request in advance.
During the course of Surf Camp your child will be expected to behave according to standards of good behavior and to be respectful of other participants and staff. Should your child behave in a way that is inconsistent with camp rules, causes a safety hazard, or is generally disrespectful to other members of the camp or beachgoers, Surf Camp may at its own discretion expel your child from camp without refund. Every reasonable effort will be made by the Camp Director to avoid any such circumstance.
Our number one priority at Surf Camp is providing a safe and fun environment. If for any reason we feel the ocean conditions jeopardize the safety of any campers or counselors we may choose to keep campers out of the water entirely, at our sole discretion, in which case we will provide other suitable activities.