Paddleboard Caution and Disclaimer – SUP Outdoor

January 2016

Paddleboard Caution and Disclaimer

Stand up paddleboarding is a sport which carries inherent and unavoidable risks affected by factors such as the skill of the user, weather and water conditions, and care of the paddleboard.

 

PLEASE NOTE THE FOLLOWING BEFORE USING THE PADDLEBOARD:

  • This board is NOT to be used as a life saving device so be sure that you are a competent swimmer.
  • The only intended use for the paddleboard is for paddling water.
  • Be aware of your surroundings, the weather condition, or any personal factors that may impact your ability to use the paddleboard safely. The air and water temperatures may change quickly. Please dress and prepare accordingly.
  • Paddles are used for the sole purpose of paddling.
  • We recommend that you attend introductory lessons (at minimum) taught by a qualified teaching professional to learn how to safely use a paddleboard, including how to board, fall safely, re-board, and send a distress signal.
  • At all times when paddleboarding, you should have safety items such as a lifejacket (and/or other PFD), sound signaling devices (e.g. a peerless whistle attached to a PFD), a surfer's leash, if appropriate. A flashlight/headlight is recommended for times of difficult visibility. Please consult any legal requirements set by your local jurisdiction/ federal requirements and the advice of a local qualified teaching professional regarding the use of the board. Rules and regulations for the safe operation of the board may vary between jurisdictions.  Please be aware that the use of a PFD may make it difficult to duck underwater if there is a chance the paddleboard may hit you.
  • We recommend that you always use a paddleboard with a group and be cautious of any potential collisions. Children should always be supervised by an adult with experience paddleboarding.
  • Always handle your board with care. Regularly check your paddleboard for potential damage or distress that may affect its effectiveness.

 

INDEMNITY, LIABILITY RELEASE AND ASSUMPTION OF RISK

PLEASE NOTE THE FOLLOWING BEFORE USING THE PADDLEBOARD:

By purchasing and/or using the paddleboard, you affirm that you are aware that stand up paddleboarding has inherent risks which may result or be associated with serious injury or death.

 

By purchasing and/or using the paddleboard, you personally assume all risks involving the use thereof including, but not limited to, the risk of personal injury or death to yourself and others, as well as potential damage to property while using a paddleboard, whether negligent, intentional, foreseen or unforeseen.

 

By purchasing and/or using the paddleboard, you irrevocably and unconditionally agree to indemnify, defend and save harmless, release and promise to not bring a claim of any nature against, LXV Outdoor Inc. and its parent companies and affiliates and their respective employees, directors officers, agents, contractors, heirs, executors, estate trustees, personal representatives, successors and assigns (collectively, the "Indemnified Parties") with respect to any and all damages, losses and liabilities in any way arising, directly or indirectly, from any injury, death or other damages to yourself, your family, executors, heirs, personal representatives or assigns, other persons or any property arising out of or in association to your purchase and/or use of the paddleboard. By purchasing and/or using the paddleboard, you further release, exempt and hold harmless the Indemnified Parties from any claim or lawsuit by you, your family, estate, heirs or assigns, arising out of your purchase and/or use of the paddleboard.

 

By purchasing and/or using the paddleboard, you understand that paddleboarding is a physically strenuous activity, that you will be exerting yourself, and that if you are injured as a result or in association of a heart attack, panic, dizziness, hyperventilation, drowning or any other cause, that you expressly assume the risk of said injuries and that you will not hold the Indemnified Parties responsible for the same.

 

By purchasing and/or using the paddleboard, you understand that your own physical and medical condition may affect the safe use of the paddleboard. By purchasing and/or using the paddleboard, you understand that the use of a paddleboard should be limited according to the instructions in the above Caution/Disclaimer, including the supervision of children by adults.

By purchasing and/or using the paddleboard, you accept the paddleboard as is and accept full financial responsibility for the care of the paddleboard to a standard required for safe use.

 

As the purchase and/or use of the paddleboard is your voluntary act, by purchasing and/or using the paddleboard, you hereby agree that this indemnity, liability release and assumption of risk is a legally binding agreement on you and your heirs, executors, legal representatives and assigns. Any claim that you may bring must be filed in a Court in the Province of Ontario, Canada and shall be governed by the laws of the Province of Ontario, Canada in all respects and you hereby irrevocably attorns to the exclusive jurisdiction of the Courts of the Province of Ontario, Canada with respect to any such claim and any matter arising thereunder.


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