In consideration of being permitted to participate in eFoiling activities, demonstrations, test rides, lessons, rentals, or related events offered by SiFly USA, Inc. and its parent, subsidiaries, affiliates, officers, directors, employees, agents, contractors, and representatives (collectively, "SiFly" or the "Released Parties"), I, the undersigned participant, acknowledge and agree to the terms below. I understand that this is a legally binding agreement and that I am giving up substantial legal rights by signing it.

1. Activities and Associated Risks

The activities include operating, riding, handling, transporting, and being in the vicinity of electric hydrofoil surfboards ("eFoils") and related equipment on open water. eFoiling is an inherently dangerous activity involving a powered watercraft with an exposed propeller, a rigid mast and hydrofoil wings, a high-voltage lithium battery, and travel at speed both above and below the water surface. The risks include, but are not limited to: falls and collisions; lacerations, blunt-force trauma, broken bones, or amputation from the propeller, mast, or wings; drowning or near-drowning; hypothermia; equipment malfunction or failure; battery fire or thermal events; striking submerged or floating objects, the seabed, other watercraft, swimmers, marine life, docks, or the shoreline; and changing weather, wind, current, tide, and water conditions. These risks may result in serious personal injury, permanent disability, or death, and in damage to or loss of property.

2. Assumption of the Risks

I knowingly and freely assume all of these risks, both known and unknown, even when arising from the negligence of the Released Parties, and I assume full responsibility for my participation. I represent that I am in good physical condition, am able to swim, and have no medical condition that would make participation unsafe. I am participating voluntarily and with full knowledge of the risks involved.

3. Release of Liability

To the fullest extent permitted by law, I hereby RELEASE, WAIVE, DISCHARGE, and COVENANT NOT TO SUE the Released Parties for any and all liability, claims, demands, losses, costs, or damages of any kind that I may suffer arising out of or related to my participation, INCLUDING ANY CLAIM CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF THE RELEASED PARTIES. This release applies whether the injury, death, or loss results from the condition of the equipment, the premises, the water, or the act or omission of any person.

4. Indemnification, Hold Harmless, and Defense

I agree to INDEMNIFY, DEFEND, and HOLD HARMLESS the Released Parties from any loss, liability, damage, claim, or cost, including reasonable attorneys' fees, that they may incur arising out of or related to my participation, whether caused by my own conduct or otherwise. This obligation is binding upon me, my estate, my heirs, and my personal representative, executor, administrator, or guardian.

5. Rules and Guidelines

I agree to follow all rules, instructions, and safety guidelines given by SiFly staff; to operate the equipment only in the manner, area, and time period authorized; and to stop immediately and return the equipment when instructed. I will not participate while under the influence of alcohol, drugs, or any substance that impairs my judgment or ability.

6. Agreement to Wear Protective Gear

I agree to wear the personal flotation device (PFD), helmet, board leash, and any other protective equipment required by SiFly at all times while participating. I understand that protective gear reduces but does not eliminate the risk of injury and cannot guarantee my safety.

7. Medical Authorization and Costs

In the event of injury or emergency, I authorize SiFly to arrange first aid, emergency medical care, rescue, or evacuation on my behalf. I understand and agree that I am solely responsible for all costs of any such care, rescue, or evacuation, including search-and-rescue or medical evacuation by water or air.

8. Equipment Loss and Damage

I agree to take reasonable care of any equipment provided to me and to report any damage or loss promptly. I accept financial responsibility for loss of or damage to equipment that results from my misuse, negligence, or failure to follow instructions, ordinary wear and tear excepted.

9. Use of My Likeness

I grant SiFly the irrevocable, royalty-free right to photograph and record me during the activities and to use my name, image, voice, and likeness in any media, now known or later developed, for marketing, promotional, and commercial purposes, without compensation, notice, or further approval.

10. Severability, Applicable Law, and Forum

If any provision of this agreement is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect. This agreement is governed by the laws of the State of Florida, without regard to its conflict-of-laws principles. Any dispute arising out of or related to this agreement or my participation shall be brought exclusively in the state or federal courts located in Pinellas County, Florida, and I consent to the personal jurisdiction of those courts.

Acknowledgement

I have read this entire Release of Liability, Assumption of Risk, and Indemnification Agreement. I understand its terms, I understand that I am giving up substantial rights including the right to sue, and I sign it freely and voluntarily. By entering my information and signature below and submitting this form, I agree to be bound by this agreement.

Liability Waiver & Release