CALIFORNIA WAIVER OF LIABILITY
This Waiver of Liability ("Waiver") is entered into on October 31, 2055, by and between Ocean Adventure Tours, located at 789 Coastal Drive, San Diego, CA 92101 ("Provider"), and Etha Lehner, residing at 123 Surfside Way, San Diego, CA 92101 ("Participant").
I. Acknowledgment of Risks
The Participant acknowledges that participation in ocean kayaking, snorkeling, and beach excursions involves inherent risks, including but not limited to drowning, wildlife encounters, equipment failure, and changing weather conditions. The Participant voluntarily assumes all risks associated with the activity, recognizing that injuries may occur.
II. Waiver and Release
In consideration of being allowed to participate in the activity, the Participant hereby waives, releases, and discharges the Provider, its affiliates, employees, agents, and representatives from any claims, liabilities, damages, or causes of action arising out of or related to the Participant's participation in the activity, including claims based on negligence. This waiver applies to all claims, including those arising from personal injury, property damage, or wrongful death.
III. Indemnification
The Participant agrees to indemnify and hold harmless the Provider from any claims, damages, losses, or expenses, including attorney's fees, arising from the Participant's actions during the activity. This includes any claims brought by other participants or third parties as a result of the Participant's conduct.
IV. Governing Law
This Waiver shall be governed by and construed by the laws of the State of California. Any disputes arising from this Waiver shall be resolved in the appropriate courts of San Diego County.
V. Severability
If any provision of this Waiver is found to be unenforceable, the remaining provisions shall remain in full force and effect. The Participant acknowledges that they have read and understood this Waiver and that it is the entire agreement between the parties.
IN WITNESS THEREOF, the participant has executed this release on the date first written above.
Provider’s Signature: | Participant’s Signature: |
 [Your Name]
Provider Representative October 31, 2055 | Etha Lehner Participant October 31, 2055 |
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