1. Acceptance and Electronic Signature
You accept this Waiver, and it becomes a binding agreement between you and each of the Released Parties, when you do any of the following: sign it (on paper or on a screen), tick the acceptance box presented at check-in, register for, RSVP to, donate for, or purchase a ticket to an Event, or enter the Event area. Entry itself is acceptance.
Signatures and acceptances captured on a phone, tablet, or other device at check-in are electronic signatures under the federal ESIGN Act and the California Uniform Electronic Transactions Act and have the same effect as handwritten signatures. Your signature, the time of acceptance, and the ticket it belongs to are stored with your check-in record.
If you sign or accept on behalf of another person (for example, a minor in your care or a guest on your ticket), you represent that you are authorized to bind that person and you accept this Waiver both for yourself and on their behalf.
2. Voluntary Participation and Assumption of Risk
Your participation is entirely voluntary. You participate at your own risk.
Events may involve physical activity (yoga, stretching, fitness, surfing, swimming, paddling, walking on sand, rocks, stairs, or uneven ground), exposure to the sun, heat, wind, and ocean, use of mats, boards, and equipment, food and drink, crowds, vehicles and travel, and direct contact with live animals, including puppies and adult dogs.
Animals are unpredictable, even when supervised and well cared for. Risks of animal interaction include, without limitation: bites, nips, scratches, and puncture wounds; being jumped on, knocked over, or tripped; allergic reactions to dander, saliva, or hair; exposure to fleas, ticks, parasites, animal waste, and zoonotic diseases; and damage to clothing or personal property. Puppies in particular may not be fully vaccinated or house-trained.
Other risks include, without limitation: slips, trips, and falls; sprains, strains, fractures, and other musculoskeletal injuries; heat exhaustion, dehydration, and sunburn; drowning and ocean hazards such as currents, waves, marine life, and submerged objects; equipment failure; collisions with other participants; illness from food or communicable disease; and the acts or omissions of other participants, volunteers, vendors, and members of the public.
You knowingly and freely assume all of these risks, and all other risks of participating in an Event, whether known or unknown, foreseeable or unforeseeable, and whether or not described here, including risks that arise from the ordinary negligence of any Released Party or from the condition of the premises or equipment. You accept full responsibility for any injury, illness, death, or loss that you may suffer.
3. Animal Interaction Rules
To protect you, other participants, and the animals, you agree to:
- Follow every instruction from staff, instructors, and animal handlers, immediately.
- Handle animals gently, stay low and calm, and never pick up, restrain, chase, corner, squeeze, or startle an animal unless a handler invites you to.
- Keep your face away from animals' faces and never let an animal lick an open wound.
- Not bring your own pet or any other animal unless we have approved it in advance.
- Disclose any animal allergy, immune condition, pregnancy, or open wound to staff before the activity begins.
- Wash or sanitize your hands after handling animals and before eating.
- Report any bite, scratch, or incident to staff before leaving the Event.
- Directly supervise any child in your care at all times.
Animals may be removed from an activity at any time. No particular animal, number of animals, or amount of interaction is promised.
4. Release, Waiver of Liability, and Covenant Not to Sue
To the fullest extent permitted by law, you, on behalf of yourself and your spouse, children, heirs, executors, administrators, personal representatives, and assigns, hereby release, waive, discharge, and covenant not to sue the Released Parties from and for any and all claims, demands, causes of action, damages, losses, costs, and expenses of any kind (including attorneys' fees) arising out of or related in any way to your attendance at or participation in an Event, or to any animal at an Event, including claims for personal injury, illness, death, or property damage, and including claims that arise from the ordinary negligence of any Released Party.
This release applies before, during, and after the Event, on and off the Event premises, and whether or not the injury or loss occurs during a scheduled activity.
This release does not apply to gross negligence, willful or intentional misconduct, fraud, or any other liability that cannot lawfully be released under applicable law, including California Civil Code section 1668. Nothing in this Waiver limits a right that cannot legally be waived.
You agree that the Released Parties' aggregate liability for any claim that survives this release is limited as described in the Limitation of Liability section of the Terms of Service.
5. Indemnification
To the fullest extent permitted by law, you agree to defend, indemnify, and hold each Released Party harmless from and against any claim, loss, liability, damage, cost, or expense (including reasonable attorneys' fees) brought by any person and arising out of or related to: your conduct at an Event; your breach of this Waiver or of Event rules; any injury or damage that you, a minor in your care, a guest on your ticket, or an animal you bring cause to any person, animal, or property; or any inaccurate representation you make in this Waiver.
This section does not require a consumer to indemnify a Released Party for that Released Party's own unlawful conduct.
6. Health Representation and Medical Consent
You represent that you are in good health and physically able to take part in the activities you choose, that you have no medical condition that would be aggravated by participation, and that you have consulted a physician about any concern. You are responsible for knowing your own limits and for stopping any activity that causes pain, dizziness, or distress.
No medical personnel are guaranteed to be present at an Event. If you are injured or become ill, you consent to first aid, emergency care, transport, and medical treatment that staff or emergency responders consider necessary, and you agree that all costs of that care are your responsibility.
You agree not to attend if you are ill, have symptoms of a contagious disease, or are under the influence of alcohol or drugs.
7. Minors
Participants under 18 may attend only with a parent or legal guardian who has accepted this Waiver on the minor's behalf. By accepting for a minor, the parent or guardian agrees to every term of this Waiver on the minor's behalf, releases and indemnifies the Released Parties from claims brought by or on behalf of the minor to the fullest extent permitted by law, and agrees to supervise the minor directly at all times, especially around animals and water.
8. Photography, Video, and Likeness
Events may be photographed, filmed, streamed, or recorded. You grant the Released Parties a perpetual, worldwide, royalty-free license to use your name, image, likeness, voice, and any statements you make at an Event in photographs, video, audio, social media, websites, and promotional and editorial materials, in any medium, without compensation or further approval. If you do not want to be photographed, tell staff at check-in and we will make reasonable efforts to accommodate you, but we cannot guarantee that you will not appear incidentally in another participant's or a public bystander's recording.
9. Conduct, Property, and Removal
You are responsible for your personal property. The Released Parties are not responsible for lost, stolen, or damaged property except where liability cannot lawfully be excluded.
Staff may refuse entry to, or remove, any participant or animal at any time, without refund, when reasonably necessary for safety, animal welfare, legal compliance, capacity, protection of property, or the comfort of other participants. Tickets, RSVPs, and donations are subject to the refund and cancellation terms in the Terms of Service.
10. Governing Law, Severability, and Entire Agreement
This Waiver is governed by the laws of the State of California, without regard to its conflict-of-law rules. Any dispute that is not released by this Waiver will be brought exclusively in the state or federal courts located in San Diego County, California, and you consent to the personal jurisdiction of those courts, unless applicable law gives you the right to bring a claim elsewhere.
You have read this Waiver, understand it, and sign it freely and voluntarily, without any inducement or promise not written here. If any part of this Waiver is found invalid or unenforceable, that part will be limited or severed to the minimum extent necessary and the rest of the Waiver will remain in full force. This Waiver is intended to be as broad and inclusive as California law permits and will survive the end of the Event.
This Waiver, together with the Terms of Service and Privacy Policy it incorporates, is the entire agreement between you and the Released Parties about the risks of, and release of liability for, Event participation.
11. Contact Us
Questions about this Waiver, accessibility needs, or an incident at an Event:
Eagle47 Holdings LLC, doing business as OceanCrypto.ai
San Diego, California
Phone: 619-268-1889
Web: oceancrypto.ai