Release of Liability
READ CAREFULLY - THIS AFFECTS YOUR LEGAL RIGHTS
In exchange for participation in the Better Spaces in partnership with Surfset New York City LLC (Better Spaces henceforth) Activation programs (this includes a surfing session organized by Surfset New York City LLC) and/or use of the property, facilities and services of Better Spaces, I agree for myself to the following:
1. I agree to observe and obey all posted rules and warnings, and further agree to follow any oral instructions or directions given by Better Spaces, or the employees, vendors, partners, agents or representatives of Better Spaces.
2. I recognize that there are certain inherent risks associated with the above described activity and I assume full responsibility for personal injury to myself, and further release and discharge Better Spaces for injury, loss or damage arising from my use of or presence upon the property and facilities of Better Spaces, whether caused by the fault of myself, Better Spaces, or other third parties.
3. I agree to indemnify and defend Better Spaces against all claims, causes of actions, damages, judgments, costs or expenses, including attorney fees and other litigation costs, which may in any way arise from my use of or presence upon the equipment or facilities of Better Spaces
4. I agree to pay for all damages to the property of Better Spaces by my negligent, reckless or willful actions.
5. Any legal or equitable claim that may arise from my participation in a SURFSET Fitness workout program organized by Better Spaces shall be resolved under New York law.
6. I irrevocably give to Better Spaces and its licensors, officers, assignees and delegates the right to photograph, film and/or videotape me and/or my child and/or to otherwise record my image and/or likeness and to use, publish, display, reproduce, copy and distribute my image and/or likeness, in all forms of media now known or later developed, including composite or modified representations and including on the Internet, for promotional activities for Better Spaces throughout the world and in perpetuity. In addition, I waive my right to inspect or approve the finished product and any right to royalties or other compensation arising or related to the use of the promotional materials.
I HAVE READ THIS DOCUMENT AND UNDERSTAND IT. I FURTHER UNDERSTAND THAT BY SIGNING THIS RELEASE, I VOLUNTARILY SURRENDER CERTAIN LEGAL RIGHTS.