When you sign up for a lesson, please download the Release of Liability Forms and Declaration of Fitness forms. Send the signed copies to Raphael at vboceanvibes.com.
RELEASE OF LIABILITY FORM
VB Ocean Vibes, LLC
Sport Participant release of liability for kiteboarding, wing surfing, freeskating and wing sup boarding form
Please provide a printed and signed copy of this waiver form to your instructor before a lesson.
Sport participant release of liability, waiver of claims, express assumption of risk and indemnity agreement
Please read and be certain that you understand the implications of signing.
Express Assumption of Risk Associated with Sport, Venue Use and Related Activities
I do hereby affirm and acknowledge that I have been fully informed of the inherent risks associated with VB Ocean Vibes, LLC and Bell Isle Marina transportation of equipment related to the activities, and traveling to and from activity sites in which I am about to engage. Inherent hazards and risks include but are not limited to:
Risk of injury from the activity and equipment is significant, including the potential for broken bones, severe injuries to the head, neck and back or other bodily injuries that may result in permanent disability and death. Initial ______
Possible equipment failure and/or malfunction or misuse of my own or others’ equipment. Initial _____
I agree that I will wear protective gear as decreed by the governing body of the sport I am participating in. However, protective gear cannot guarantee the participant’s safety. I further agree that no helmet can protect the wearer against all potential head injuries or prevent injury to the wearer’s face, neck or spinal cord. Initial ____
I understand that kitesurfing is an inherently extreme sport, and I assume all responsibility for any damages that occur during the lesson or as a result of the lesson. Initial _____
I understand that unanticipated risks may result in injury, illness or death. Initial _____
RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT
I hereby release and hold harmless with respect to any and all injury, disability, death, or loss or damage to person or property, whether cause by negligence or otherwise, the following named persons or entities, herein referred to as releases: VB Ocean Vibes, LLC and Bell Isle Marina
Signature: __________________________ Date: __________________________
To release the releasees, their officers, directors, employers, representatives, agents and volunteers from liability and responsibility whatsoever and for any claims or causes of action that I, my estate, heirs, survivors, executors, or assigns may have for personal injury, property damage, or wrongful death arising from the above activities whether caused by active or passive negligence of the releasees or otherwise. By executing this document, I agree to hold the releasees harmless and indemnify them in conjunction with any injury, disability, death, or loss or damage to person or property that may occur as a result of my engaging in the above activities. Initial ____
By entering into this Agreement, I am not relying on any oral or written representation or statements made by the releases, other than what is set forth in this Agreement. Initial _____
This agreement shall apply to any and all injury, disability, death, or loss or damage to person or property occurring at any time after the execution of this agreement. Initial _____
This release shall be binding to the fullest extent permitted by law. If any provision of this release is found to be unenforceable, the remaining items shall be enforceable. Initial _____
I HAVE READ THIS RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT. I FULLY UNDERSTAND ITS TERMS. I UNDERSTAND THAT I HAVE GIVEN UP LEGAL RIGHTS BY SIGNING IT, AND I SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.
Declaration of Fitness to Wing Surf/ Wing SUP/ Kiteboard/ Freeskate
I hereby declare that I am physically fit. I do not, and have not, suffered from any of the following conditions, which I understand may lead to a dangerous situation with regard to other persons or myself during Wing Surf/Wing SUP/ Kiteboard/Freeskate lessons with VB Ocean Vibes, LLC. and Bell Isle Marina
Epilepsy, fits, severe head injury, recurrent blackouts or giddiness, disease of the brain or nervous system, high blood pressure, lung or heart disease, recurrent weakness or dislocation of any limb, diabetes, mental illness, drug or alcohol addiction, recent back injury, arthritis and severe joint sprains, chronic bronchitis, asthma, rheumatic fever, thyroid adrenal or other glandular disorder, recent blood donation or any condition that requires the regular use of drugs.
I hereby declare that I have no physical or mental condition that should preclude me from participating in my chosen activity, that I am not participating against medical advice or treatment, and that I have not been diagnosed by a registered doctor as having a terminal illness.
Even if I have a health condition as stated above of which I am unaware, by signing this form I still choose to participate in the activity of Water Ski/ Wake Board and agree to waive all responsibilities to all above mentioned parties concerning any consequences that would result from my actions.
I further declare that in the event that I feel ill or unwell, have any physical complaints whatsoever or if an injury is sustained of any kind during the course of wing surf/kiteboard/wing sup/freeskate lessons or activities, I will notify the instructor immediately and before leaving the premises.
I have read the above declarations, understand them, and I agree to be bound by them.
Signature: _____________________ Date: _____________________ Phone #:________________
Parent Guardian Signature:______________________
VB OCEAN VIBES RENTAL AGREEMENT FORM
In consideration of supplying equipment to enable me to participate in kite surfing/wing foiling, I agree as follows: I am a competent rider at IKO/PASA Level 3. This means that I can: (please tick as applies)
Control the riding speed by edging/Stand up on the wingfoil and use the wing to navigate Initial_______
Able to control the kite/wing in overpowered conditions without endangering my life or other people's lives (e.g. by using the safety release, conducting self-rescue, keeping the kite at the edge of the wind window during strong gusts, activating the depower system, etc.) Initial_____
Consistent riding in all directions including upwind/Riding in both directions on the foil above the water with ability to surface jibe Initial_______
Ride amongst other riders and water users and respect right of way rules Initial_______
If I make a mistake or have received inadequate training, I assume full legal responsibility for any mistakes that I might have made, or if I have overstated my skills as a kiteboarder or wingfoiler. By signing this document, I agree that I am a compentent kiteboard/wingfoiler and assume legal responsibility for my actions. Initial _____
Change of direction without stopping Initial_______
Self rescue and full pack down in the water/returning to the shore with equipment intact Initial_______
Ability to self launch and assisted launch Initial_______
I recognize that kite lines can pose an inherent threat to other people's lives, and I will not launch the kite near any obstacles or people that are downwind. Initial_____
I agree that I will replace all damaged equipment at full market price upon inspection after the rental period.
I claim complete legal responsibility for all injury and harm that I may cause to others, to myself, and to other people's property and life. Initial_______
I realize that the sports of kitesurfing and wingfoiling are inherently dangerous, life-threatening sports, and I accept full legal responsibility for injuries and loss of life that might occur to myself and to others during the rental period. Initial______
I recognize that I might be stranded in the water for long periods of time if the wind stops or blows in an opposing direction, and I know how to swim and self-rescue. Initial______
VB Ocean Vibes is not responsible for rescuing me, and I assume full responsibility for my actions. Initial______
If there is a life-threatening thunderstorm, tornadic action, or excessive lightning, I agree that I will return the rental equipment as soon as possible, and I am responsible if I continue riding during a storm or a severe weather event. Initial_____
VB Ocean Vibes is not responsible for any injuries that may occur due to obstacles in the water or injuries caused by stepping on sharp objects, such as clams or rocks, as well as any other objects that might cause harm. Initial______
Use of wetsuits, booties, and any other gear with the rental does not ensure that my body will be protected from injury. Being exposed to long period of excessive heat can result in heat stroke or feelings of nausea, and being exposed to cold water for long periods of cold water can result in hypothermia. VB Ocean Vibes is not responsible for heat-related or cold-related injuries or death. Initial______
I am physically fit and have no pre-existing health problem. If I have any pre-existing health condition, I assume complete legal responsibility for any illness or health complication that occurs during the rental period. Initial______
VB Ocean Vibes is not responsible for drowning or loss of life associated with the inherent risks of performing water sports in deep water and shallow water locations. Initial______
VB Ocean Vibes is not responsible for shark attacks or other injuries that could occur associated with watersports, such as hitting large obstacles or obstructions that result in severe injury, lacerations, or the loss of life. Initial______
I will wear a lifejacket and a helmet during the rental period. Initial ____
I certify that all of the above statements are true and valid during the rental period, and I will return the equipment in its original condition (or pay for the replacement of damaged equipment at market price).
Signature: _____________ Date: __________________
If you are not an IKO Level 3 or PASA level 3 (at least the equivalent of IKO and/or PASA level 3) and do not meet the full criteria of the list above we cannot rent our equipment to you. We advise you to take a lesson with Raphael, our PASA-certified instructor, to bring you up to the required level 3 ability.
BELL ISLE MARINA WAIVER OF LIABILITY FORM
Bell Isle Marina
2 Bells Island Drive
Hampton, VA 23664
WAIVER OF LIABILITY, RELEASE AND ACKNOWLEDGEMENT OF RISKS
This document affects your legal rights. You must read and understand it before signing.
WARNING: This Waiver of Liability, Release and Acknowledgement of Risks (“Waiver”) is
legally binding. If you require clarification on any aspect of this Waiver, please see the owner or
an employee of MWB, Inc., a Virginia corporation, doing business as Bell Isle Marina (“Bell Isle
Marina”) to have this explained to you before signing or consult an attorney to seek advice on the
meaning of this Waiver. IN SIGNING THIS DOCUMENT YOU ARE WAIVING THE
RIGHT TO BRING A COURT ACTION TO RECOVER COMPENSATION OR OBTAIN
ANY REMEDY FOR ANY PERSONAL INJURIES, DAMAGE TO PROPERTY,
ACCIDENT OF ANY KIND, INCLUDING DEATH, THAT MAY OCCUR WHEN YOU
USE THE BELL ISLE MARINA FACILITIES, EQUIPMENT OR PROPERTY, OR
THROUGH YOUR PARTICIPATION IN ACTIVITIES OR EVENTS LOCATED AT THE
BELL ISLE MARINA PROPERTY OR COORDINATED BY BELL ISLE MARINA.
1. Acknowledgement of Risk. It in my intent to voluntarily engage in certain activities
at Bell Isle Marina or coordinated by Bell Isle Marina and occurring at another location, which
may include, but not be limited to, boating, boat storage, boat repair, paddle sports, swimming,
attending a field trip, attending an event, temporarily residing in a boat located at the Marina,
and/or spending time on the Marina property located at 2 Bells Island Drive, Hampton, Virginia
(the “Activities”) and/or to use the property, equipment, buildings and other facilities (the
“Facilities”) located at 2 Bells Island Drive, Hampton, Virginia. I acknowledge and agree that the
Activities and use of the Facilities bear certain known risks and unanticipated risks which could
result in injury, death, illness or disease, physical or mental damage to myself, my property, or
other third parties or their property, or the property of Bell Isle Marina.
2. Rules and Safety Measures. I affirm that the rules and regulations and safety
precautions of Bell Isle Marina have been explained to me and I have had the opportunity to ask
any questions. I agree to comply with all rules and regulation and safety precautions and to follow
the instructions of the guide, instructor, staff member, owner and/or employee of Bell Isle Marina
in connection with my participation in the Activities and use of the Facilities. I understand that
the Bell Isle Marina staff are not medical personnel and emergency medical services are not being
provided in connection with the Activities and use of the Facilities. I understand that the use and/or
possession of drugs or alcohol is strictly prohibited before and during the Activities and will be
grounds for immediate removal from the Activity without reimbursement of any fees paid.
3. Acceptance of Risk and Responsibility. With knowledge of the aforementioned,
and as an inducement to allow me to participate in the Activities and use the Facilities, I hereby
understand that I am agreeing to assume the risks of taking part in the Activities and use of the
Facilities, including the risk of injury or death that may result from my own negligence, the
negligence of Bell Isle Marina or its employees, officers, and directors, or the negligence of another
participant in the Activities or another person using the Facilities.
4. Waiver of Liability. With knowledge of the aforementioned, and as an inducement
to allow me to participate in the Activities and use the Facilities, I hereby agree to indemnify and
hold harmless and to waive any all possible liability, claims, suits, costs, expenses, losses, medical
fees, attorney’s fees, or other related causes of action for damages against Bell Isle Marina or its
owners, directors, officers, employees, and staff members in a personal or representative capacity,
including but not limited to, such claims that may result from my injury or death during or arising
in any way from participation in the Activities or use of the Facilities, whether supervised or
unsupervised, and whether that injury or death may result from my own negligence, the negligence
of Bell Isle Marina or its owners, directors, officers, employees, or staff members, or the
negligence of another participant in the Activities or another person using the Facilities. This
waiver shall be binding upon me and upon my assigns, heirs, representatives, executors, guardians,
5. Reimbursement. I agree to fully reimburse Bell Isle Marina for any damage caused
to Bell Isle Marina property as a result of my participation in the Activities or my use of the
Facilities. I agree to fully reimburse Bell Isle Marina for any costs and expenses associated with
rescue and transportation costs incurred on my behalf as a result of my participation in the
Activities or my use of the Facilities.
6. Boating, Swimming and Paddle Sports. If I engage in boating, swimming, and/or
paddle sports at Bell Isle Marina, I acknowledge and agree that I understand the nature of boating,
swimming and paddle sports and related activities, and that I am qualified, in good health, able to
swim, and in proper physical condition to participate in such activities. I do not suffer from any
disability or medical condition which would prevent or severely limited my participation in
boating, swimming and/or paddle sports.
7. Consent to Photographs and Filming. By participation in the Activities and use of
the Facilities, I consent to being photographed or recorded by Bell Isle Marina or its owners,
directors, officers, employees, or staff members. I also consent to the use of such photographs,
pictures, film, audio recording and/or video recording of me by Bell Isle Marina for publicity,
promotion, television, radio, website, social media site, or any other use, and I expressly waive
any right of privacy, compensation, copyright, or other ownership right.
IN SIGNING THIS DOCUMENT, I AFFIRM THAT I HAVE READ THIS WAIVER IN ITS
ENTIRETY AND THAT I UNDERSTAND THE NATURE OF THE ACTIVITIES AND USE
OF THE FACILITIES, THE INHERENT RISKS, AND THE RULES AND REGULATIONS. I
UNDERSTAND THAT BY SIGNING THIS WAIVER I AM VOLUNTARILY GIVING UP
ANY RIGHT I MIGHT HAVE TO SUE OR MAKE A CLAIM WHICH I MIGHT HAVE OR
WHICH MIGHT SUBSEQUENTLY ARISE OR OCCUR IN CONNECTION WITH MY
PARTICIPATION IN THE ACTIVITIES AND USE OF THE FACILITIES. I ALSO AFFIRM
THAT ALL MY QUESTIONS CONCERNING THIS WAIVER HAVE BEEN ANSWERED TO
Phone #: ______________________________________
PARENT OR GUARDIAN SIGNATURE
I am the parent or guardian of the minor child identified below, and on the minor's behalf and on
my behalf and on behalf of all other parents or guardians of the minor, I accept this Waiver as
inducement for allowing the minor to participate in the Activities and to use the Facilities at Bell
Isle Marina. I further authorize any emergency medical care which may be necessary as the result
of the minor’s participation in the Activities and use of the Facilities. I represent and warrant that
I have authority to give this release
Print Minor’s Name:
Print Parent or Guardian’s Name:
Parent or Guardian’s Signature: