IMPORTANT NOTICE – PLEASE READ
By signing this agreement, you are acknowledging and agreeing to:
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Liability Waiver and Assumption of Risk for surfing, rentals, lessons, leases, events, and related activities.
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Payment Authorization Terms, including automatic recurring billing for certain programs.
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Our Privacy and Data Use Policy, which describes how your information including payment information is collected, stored, and used.
Please scroll through each section carefully. Your signature applies to all of these sections.
SECTION ONE: LIABILITY WAIVER AND ASSUMPTION OF RISK
THIS IS A PARTICIPANT RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT FOR CORKY CARROLL’S SURF SCHOOL.
PLEASE READ BEFORE SIGNING.
IN CONSIDERATION of being allowed to participate in any way in one or more of Corky Carroll's Surf School surfboard rental lease programs, surf lessons, surf camps, surfboard rentals, beginner surfer meetup events, or any other classes, events, programs, and related activities referred to herein as Activity or Activities, I, for myself and on behalf of my heirs, assigns, personal representatives, executors, administrators, persons under my guardianship, next of kin, and whomever else may have an interest either at common law or by operation of statute:
ACKNOWLEDGE AND AGREE THAT THERE ARE RISKS AND DANGERS associated with the Activities, including but not limited to injury, illness, loss or damage to person or property, permanent paralysis, disability, and death, as well as any other risks and social and economic losses not known or readily foreseeable at this time. I fully accept and assume all such risks and all responsibility for losses, costs, and damages incurred as a result of my or my child or ward’s participation in the Activities. I ensure that myself or my child or ward am qualified, in good health, mentally able, and in proper physical condition to participate in any such Activity, including but not limited to swimming and surfing in the ocean.
HEREBY RELEASE, WAIVE, DISCHARGE, RELINQUISH, INDEMNIFY, HOLD HARMLESS, AND COVENANT NOT TO SUE Keith Coleman, Kelsey Coleman, Collin Walker, Yaya Walker, Kelco Global LLC, doing business as Corky Carroll's Surf School, Corky Carroll’s Beach Adventure, the city of Huntington Beach, the state of California, and the United States Government and city and county governments concerned, transportation services, their officers, instructors, officials, members, agents, volunteers, and employees, other participants, sponsors, advertisers, and, if applicable, owner and lessors of premises on which the Activity takes place referred to herein as Releasees from all liability, injury, disability, claims, demands, losses, or damages on my account caused or alleged to be caused in whole or part by negligence or otherwise of the Releasees or others, including negligent rescue operations and during transportation to and from the Activities.
VOLUNTARILY PARTICIPATE in this hazardous sport and knowingly and freely assume all risks, both known and unknown, even if arising from the negligence of the Releasees or others, and assume full responsibility for all injuries and medical expenses incurred during my participation or the participation of my child or ward in any Activity associated with CCSS, including but not limited to its surf lessons, surf camps, lease programs, surfboard rentals, and the use of any other equipment provided by, borrowed, or purchased from CCSS.
ACKNOWLEDGE THAT CCSS RESERVES THE UNRESTRICTED RIGHT TO DISMISS PARTICIPANTS WITH NO REFUND, including anyone whose conduct or influence is deemed harmful or hostile. I further acknowledge that any deposit or tuition is not refundable once paid except where otherwise required by applicable law. Being late for a scheduled lesson, class, camp, or orientation may result in my or my child or ward waiting for the next scheduled lesson, class, camp, or orientation.
AUTHORIZE INSTRUCTORS, STAFF, AND EMPLOYEES TO INITIATE BASIC OR PRELIMINARY CARE OR TO ARRANGE TRANSPORTATION FOR ME OR MY CHILD OR WARD TO A LOCAL EMERGENCY ROOM in the event that I or my child or ward become ill or injured. I understand this does not create an obligation or duty for CCSS to provide care. In instances when this Agreement is being executed by a parent or guardian, the signor acknowledges that he or she has the right and legal authority to do so on behalf of the child or ward.
HEREBY UNDERSTAND AND AGREE PHOTOS AND VIDEOS OF MYSELF OR CHILD/WARD MAY BE TAKEN AND USED FOR WEBSITES, COMMUNICATIONS, PROMOTIONAL MATERIALS, ADVERTISING, AND SOCIAL MEDIA, including but not limited to being shared on Facebook, Instagram and Twitter, and via email,, related to CCSS and its associated programs, events, and businesses. I waive and release the use of my photograph, name, and likeness, or the photograph, name, or likeness of my child/ward, for use in any media now known or not known including in video format, for any reason or purpose without compensation to me or others.
VOLUNTARILY ASSUME ALL RISKS RELATED TO EXPOSURE TO COVID-19, AND TAKE SOLE RESPONSIBILITY FOR ANY INJURY, EXPENSE, DISABILITY, ILLNESS, DAMAGE, LOSS, DEATH, OR OTHERWISE RELATED TO COVID-19, INCLUDING WHETHER INFECTION OCCURS BEFORE, DURING, OR AFTER THE ACTIVITIES. I acknowledge and consent that by visiting Corky Carroll’s Surf School and participating in Activities there is an inherent risk of exposure to COVID-19, and that CCSS and the Releasees listed above cannot guarantee that I or my child/ward will not become infected with COVID-19. I further acknowledge exposure or infection to COVID-19 may result from the actions, omissions, or negligence of myself, my child/ward, CCSS, their employees, staff, and volunteers, as well as participants and their families.
My signature below indicates I HAVE READ THIS AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT AND HAVE SIGNED IT FREELY AND WITHOUT INDUCEMENT OR ASSURANCE OF ANY NATURE WHILE PROVIDING INFORMATION THAT IS TRUE TO THE BEST OF MY KNOWLEDGE AND INTEND IT TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW AND AGREE THAT IF ANY PORTION OF THIS AGREEMENT IS HELD TO BE INVALID THE BALANCE, NOTWITHSTANDING, SHALL CONTINUE IN FULL FORCE AND EFFECT.
SECTION TWO: PAYMENT AUTHORIZATION
By enrolling in any recurring rental, membership, or lease program, I authorize CCSS and its third party payment processors including Square and GymDesk to securely store my payment information and automatically charge the payment method on file for program fees on a recurring basis until I cancel in writing.
I understand that it is my responsibility to provide a valid payment method and to update it as needed. I understand that charges will continue automatically unless I opt out by following the cancellation instructions provided through the online account system or provide written notice of cancellation in accordance with program terms. Certain fees may be non refundable as disclosed at the time of purchase. Refunds and credits, when provided, will comply with applicable law.
SECTION THREE: PRIVACY AND DATA USE
I understand that CCSS collects personal information such as name, contact information, billing details, and emergency contact information in order to provide services, ensure safety, and process payments.
Payment information is processed and stored securely through trusted third party providers such as Acuity, Square and GymDesk. CCSS does not sell personal data to third parties. Information may be shared with service providers as necessary to deliver the activities, process payments, and communicate with participants.
SIGNATURE AND ACKNOWLEDGMENT
By signing below, I acknowledge that I have read and agree to the terms of this Master Agreement, including the Liability Waiver and Assumption of Risk, the Payment Authorization, and the Privacy and Data Use Policy.
I understand that I am giving up substantial rights by signing this agreement and I sign it freely and voluntarily without inducement. If any portion of this agreement is held invalid, the remainder shall continue in full force and effect.