PWA Junior + Youth Windsurf World Cup Bonaire
Organizing entity: Windsurf Association Bonaire (WAB)
Terms and Conditions
Release, waiver, and assumption of risk agreement In consideration of participating in the event, the undersigned participant (and the parent or legal guardian of the participant if the participant is a minor), for themselves, their personal representatives, heirs, executors, next of kin, spouses, minor children, and assigns, agree as follows:
A. Definitions
"Event" refers to the PWA Junior + Youth Windsurf World Cup Bonaire, in Bonaire on land and sea. Examples of event activities include, but are not limited to, windsurfing and wind foiling. This list is not meant to limit the scope of the event.
"Participation in the sport" means engaging in the event, including all activities involving the setup, use, and breakdown of event equipment, as well as giving or receiving assistance or instruction in the sport.
"Sports injuries" refers to personal injury, bodily injury, death, property damage, and/or any other personal or financial injury sustained by the participant as a result of participation in the sport and/or the administration of any related programs. If the participant is under 18, it also includes injuries sustained by their parents or legal guardians due to the participant’s involvement.
"Released parties" includes the following, along with their owners, officers, directors, agents, spouses, employees, officials (elected or otherwise), committee members, representatives, trainers, certified instructors, certified schools, independent contractors, subcontractors, lessors, and lessees:
a) Windsurf Association Bonaire (WAB) organizing committee.
b) Individuals sponsoring and/or administering the event.
c) Organizations affiliated with the event, such as schools, clubs, and nonprofits.
d) Property owners on or over whose property participants engage in the sport.
e) All persons involved in any way in the event at the site(s) where participation occurs, including but not limited to spectators, windsurfers, participants, vessel operators, assistants, drivers, schools, instructors, observers, trainers, examiners, and equipment owners.
f) All other persons lawfully present at the site(s) during participation in the sport.
B. Liability release
I forever release and discharge the released parties from any and all liabilities, claims, demands, or causes of action that I may hereafter have for sports injuries, however caused, even if caused in whole or part by the action, inaction, or negligence (whether active or passive) of any of the released parties, to the fullest extent allowed by law.
C. No legal claims
I will not sue or make a claim against any of the released parties for loss or damage related to sports injuries. If I violate this agreement by filing such a suit or making such a claim, I will pay all attorneys' fees and costs of the released parties.
D. Jurisdiction
This agreement is governed by and construed in accordance with the laws of Bonaire. Any disputes regarding sports injuries or arising under, in connection with, or incident to this agreement shall be litigated in a court located in Bonaire. However, if an occurrence giving rise to sports injuries takes place outside Bonaire, then any dispute shall be litigated in a court located in the country of occurrence.
E. Severability
If any part of this agreement is not enforceable, the affected provision shall be limited only to the extent necessary to comply with the law, and the remainder of the agreement shall continue in full force and effect.
F. Agreement scope
This agreement applies to any and all sports injuries occurring after execution. It is in addition to and does not replace any other agreements related to liability for sports injuries. If conflicts arise between agreements, the participant (or participant’s parents or legal guardians) intends to be subject to the agreement providing the most expansive release of claims and assumption of risk allowed by law.
G. Parent/guardian responsibility
If I am the parent or legal guardian of a participant, I agree to indemnify and reimburse the released parties for their defense and indemnity from any claim or liability if the participant suffers sports injuries, even if caused in whole or in part by the action, inaction, or negligence (whether active or passive) of any of the released parties, to the fullest extent allowed by law.
H. Voluntary risk assumption
I voluntarily assume all risks, known and unknown, of sports injuries, however caused, even if caused in whole or in part by the action, inaction, or negligence (whether passive or active) of the released parties, to the fullest extent allowed by law.
I. Final agreement acknowledgment
I have read this agreement. I fully understand the potential dangers of engaging in the event and that the action, inaction, or negligence of others can increase those dangers. I understand and agree that this document is legally binding and will prevent me from recovering monetary damages from the released parties for personal injury, bodily injury, property damage, wrongful death, or any other personal or financial injury sustained in connection with participation in the sport.