ARUBA HI-WINDS WINDSURFING AND KITESURFING EVENT

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, do agree as follows:

A. DEFINITIONS

1. “EVENT” shall mean the annual Aruba Hi-Winds windsurfing and kitesurfing event that is held in Aruba on land and sea. Examples of EVENT activities include, but are not limited to, kiteboarding, kite surfing, kite cross, kite foiling, windsurfing, wind foiling, wing foiling, sunfish, and mountain biking. The listing of examples in this definition is not meant to limit, in any way, the scope of the definition of the EVENT.

   
   

2. “PARTICIPATION IN THE SPORT” means engaging in the EVENT, including all activities involving the setup, use, and breakdown of the EVENT equipment, as well as giving or receiving assistance or instruction in the sport of the EVENT

   
   

3. “SPORTS INJURIES” means 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 as a result of the administration of any other programs.

   • If the participant is under 18 years of age, the term “SPORTS INJURIES” also includes personal injury, bodily injury, property damage, and/or any other personal or financial injury sustained by the participant’s parents or legal guardians as a result of the participant’s PARTICIPATION IN THE SPORT and/or as a result of the administration of any other programs.

   
   

4. “RELEASED PARTIES” means the following, including their owners, officers, directors, agents, spouses, employees, officials (elected or otherwise), committee members, representatives, examiners, trainers, certified instructors, certified schools, independent contractors, sub-contractors, lessors, and lessees:

   a) Aruba Hi-Winds Windsurfing and Kitesurfing Event Foundation (“AHW”).

   
   b) Each of the persons sponsoring and/or participating in the administration of the EVENT.

   
   c) Each of the organizations affiliated in any way with the AHW, such as schools, clubs, and non-profits.

   
   d) Each of the property owners on or over whose property the participant may PARTICIPATE IN THE SPORT.

   
   e) All persons involved in any manner in the EVENT at the site(s) where the participant PARTICIPATES IN THE SPORT, including but not limited to spectators, kiters, windsurfers, surfers, participants, vessel operators, assistants, drivers, schools, instructors, observers, trainers, examiners, and the owners of any involved equipment.

   
   f) All other persons lawfully present at the site(s) during the participant’s 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 on account of 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 shall be governed by and construed in accordance with the laws of Aruba. Any disputes regarding SPORTS INJURIES or arising under, in connection with, or incident to this Agreement shall be litigated in a court located in Aruba. However, if an occurrence giving rise to SPORTS INJURIES takes place outside Aruba, its territories, or possessions, then any dispute concerning those SPORTS INJURIES shall be litigated in a court located in the country of the occurrence.

E. SEVERABILITY

If any part, article, paragraph, sentence, or clause of this Agreement is not enforceable, the affected provision shall be curtailed and limited only to the extent necessary to bring it within the requirements of 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 in the event that 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 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 PARTICIPANT’S PARTICIPATION IN THE SPORT.

WARNING: BY SIGNING OR ACKNOWLEDGING, YOU ARE WAIVING SIGNIFICANT LEGAL RIGHTS. DO NOT SIGN WITHOUT READING!

OTHER TERMS AND CONDITIONS

1. General Provisions

These terms and conditions apply to all types of kite surfing, windsurfing, foiling, sunfishing, mountain biking, and all other activities organized by AHW before, during, and after the EVENT. The participant (or the parent/legal guardian of the participant if the participant is a minor) agrees that the use of all safety equipment is highly recommended by AHW. If the participant refuses to use safety equipment during the EVENT, they accept full responsibility for all possible damages arising from that decision.

2. Application

By filling out, signing, or acknowledging the registration form for participation in the EVENT, the participant/tenant accepts these terms and conditions. If applying online, through the internet, or by phone, the participant accepts these terms and conditions when they agree to participate in the EVENT.

3. Payment and Refunds

100% of the total cost must be paid in full before the start of the EVENT. No refunds will be available.

4. Pricing Adjustments

Prices are listed on the AHW website. AHW reserves the right to increase or reduce any of the prices or modify any details in the Notice of Race (NOR). Any changes will be clearly communicated at the time of booking.

5. Accommodation and Food

AHW does not provide accommodations. However, lunch is provided for water sports participants on race day. Since food and accommodations are provided by third parties, AHW does not take any responsibility or liability for their quality.

6. Cancellations and Changes Due to Force Majeure

If weather conditions (e.g., insufficient wind or waves) prevent the EVENT from proceeding as planned, AHW will make every effort to conduct the EVENT but is not obliged to issue refunds.

If the EVENT is canceled due to unforeseen, unavoidable, and extraordinary circumstances (e.g., hurricanes, tornadoes, typhoons, war, hostilities, or warlike operations), no refunds will be provided.

7. Safety Requirements

Participants must take full responsibility for their own safety, the safety of other participants, and the safety of individuals nearby. Participants:

• Must be in good health and declare any medical conditions that could affect their own or others' safety during the EVENT.

• Should consult a doctor if they are unsure about their ability to participate.

• Must be able to swim for at least 15 minutes in open water without support.

• Must not be under the influence of alcohol, drugs, or sedatives while participating.

• May be disqualified or suspended if they lack the required kitesurfing skills (such as riding upwind or foiling experience) or if they behave dangerously or disrupt the EVENT. No refunds will be given in such cases.

8. Equipment Responsibility

Participants must check their own equipment before use and ensure that it is in proper working condition.

9. Personal Data, Photos, and Videos

By accepting these terms and conditions, participants agree that AHW may use their personal data for event-related needs, marketing, and promotions.

During the EVENT, photos and videos may be taken. By accepting these terms, participants grant AHW the right to use their images for promotional purposes.

10. Right to Modify Terms

AHW reserves the right to change these terms and conditions at any time.