Risk Waiver & Release

AWECEAN operates a marketplace that connects Customers with independent surf instructors ("Instructors"). AWECEAN does not teach, supervise, or deliver Lessons; does not operate surf schools; does not provide rescue, lifeguard, or emergency services; does not control ocean, weather, or beach conditions; and does not inspect, own, or maintain the equipment used during Lessons. All Lessons are delivered solely by the booked Instructor.

Surfing and ocean activities are inherently dangerous. You acknowledge and understand that the risks include, without limitation:

• waves, swells, surf, currents, rip currents, tides, and changing water conditions;
• reefs, rocks, sandbars, coral, debris, and submerged or floating objects;
• marine life including sharks, jellyfish, stingrays, sea urchins, and other animals;
• weather changes including wind, lightning, storms, sun exposure, and heat;
• collisions with surfboards, fins, leashes, other surfers, swimmers, or watercraft;
• equipment failure, breakage, or improper fit;
• hypothermia, dehydration, exhaustion, cramps, sunburn, and cuts or abrasions;
• partial or total loss of orientation under water;
• drowning, near-drowning, serious bodily injury, permanent disability, and death.

You understand that these risks cannot be completely eliminated, even with a qualified Instructor and reasonable safety precautions.

You further acknowledge that ocean, weather, beach, tide, current, and visibility conditions can change rapidly and without warning, and may become unsafe during a Lesson even when conditions appeared acceptable at the start. You accept these risks of rapidly changing conditions as inherent to surfing and ocean activity.

Your participation in any Lesson is entirely voluntary. You knowingly, freely, and voluntarily assume all risks, both known and unknown, arising from or related to your participation, including the risks identified above and any other risks reasonably associated with surf instruction or ocean activity.

You represent and warrant that:

• you are in good physical and mental health and able to participate in vigorous water activity;
• you have disclosed to your Instructor any medical conditions, allergies, medications, prior injuries, pregnancy, or physical limitations relevant to participation;
• you can swim well enough for the activity booked, or have disclosed any limitation so the Instructor can decide whether to proceed, modify, or cancel the Lesson;
• you have consulted a physician if there is any doubt about your fitness to participate.

You are responsible for your own decisions about participation, and you may withdraw or decline any portion of a Lesson at any time.

You agree to follow all safety instructions, briefings, and directions given by your Instructor before, during, and after the Lesson, and to immediately report any injury, illness, equipment concern, or unsafe condition to your Instructor as soon as you become aware of it.

Alcohol, Drugs, and Impairment. You agree not to participate in any Lesson while under the influence of alcohol, illegal drugs, cannabis, or any prescription or over-the-counter medication that may impair your judgment, coordination, reaction time, balance, or ability to safely participate in vigorous water activity. The Instructor may refuse, suspend, or terminate a Lesson without refund if, in their good-faith judgment, you appear impaired.

In the event of injury, illness, or other emergency, you authorize your Instructor, lifeguards, paramedics, hospitals, and other emergency responders to administer or arrange such first aid, medical treatment, transport, or hospitalization as they reasonably deem necessary. You remain financially responsible for the cost of such treatment, transportation, and any related expenses, except where another party is legally obligated to pay them.

You acknowledge that Lessons frequently take place at beaches, coves, and remote coastal locations where emergency-response infrastructure may be limited. Neither AWECEAN nor the Instructor guarantees the availability, proximity, or response time of lifeguards, paramedics, ambulances, hospitals, rescue services, or other emergency responders at any Lesson location.

If the participant is under 18 years of age (or the local age of majority), the booking may only be made and this Waiver may only be accepted by the participant's parent or legal guardian. By accepting on behalf of a minor, the guardian represents that they have legal authority to do so and:

• consents to the minor's participation in the Lesson;
• accepts this Waiver on the minor's behalf and on their own behalf;
• assumes responsibility for supervising the minor before and after the Lesson and for any decision to allow the minor to participate;
• agrees that the releases and assumption-of-risk provisions of this Waiver apply to both the guardian and the minor to the maximum extent permitted by law.

Equipment used during a Lesson — including surfboards, leashes, wetsuits, fins, rash guards, soft tops, and other gear — may be supplied by the Instructor or by you. AWECEAN does not inspect, test, certify, own, store, repair, or maintain any equipment used during Lessons, and makes no warranty, express or implied, regarding the condition, suitability, fitness, or safety of any equipment.

You are responsible for inspecting equipment before use, requesting a different item if it does not fit or appears unsafe, and discontinuing use if a problem arises during the Lesson.

Instructors are independent contractors. They are not employees, agents, partners, joint venturers, or representatives of AWECEAN, and have no authority to bind AWECEAN. AWECEAN does not direct, supervise, or control the manner or means by which any Lesson is delivered.

To the maximum extent permitted by applicable law, you, on behalf of yourself, your heirs, executors, administrators, personal representatives, and assigns, hereby release, waive, discharge, and covenant not to sue AWECEAN, its parents, subsidiaries, affiliates, and their respective owners, officers, directors, employees, contractors, agents, licensors, and successors (collectively, the "Released Parties") from any and all claims, demands, actions, causes of action, costs, expenses, damages, or liabilities, whether known or unknown, that arise out of or relate to your participation in any Lesson or your use of the Platform, including claims arising from the inherent risks of surfing and ocean activity.

Nothing in this Waiver attempts to limit or exclude liability that cannot be waived under applicable law, including liability for fraud, gross negligence, willful misconduct, death or personal injury caused by gross negligence or willful misconduct of the Released Parties themselves, or any other non-waivable rights you have as a consumer.

To the maximum extent permitted by law, you agree to indemnify and hold harmless the Released Parties from and against any claims, losses, or damages caused by your own intentional misconduct, illegal conduct, reckless behavior, breach of this Waiver, or violation of any applicable law or regulation during your participation.

AWECEAN does not provide water photography, video, or media services as part of any Lesson unless clearly stated in writing at checkout or in a separate written agreement.

Customers may voluntarily share photos, videos, reviews, testimonials, comments, or other media with AWECEAN. Sharing media is optional and is not required to participate in a Lesson.

AWECEAN will not use identifiable Customer photos, videos, voice, name, likeness, testimonial, review excerpt, or other identifiable personal media in public marketing, advertising, social media, promotional campaigns, press materials, or similar public-facing promotional use without clear Customer opt-in consent.

If the participant is a minor, any consent for identifiable public marketing use must come from the parent or legal guardian.

AWECEAN may still process, store, or review booking-related records, messages, support communications, incident reports, safety notes, photographs, screenshots, or other evidence when reasonably necessary for safety review, customer support, refund review, chargeback response, dispute resolution, insurance, legal compliance, fraud prevention, or enforcement of AWECEAN policies. This operational use is separate from public marketing consent.

Instructors may upload profile photos, surf photos, destination photos, location photos, videos, and other content to the Platform only if they have the legal right to do so. If instructor-uploaded content shows identifiable Customers, minors, bystanders, other surfers, or any other person, the Instructor is responsible for obtaining all required permissions, releases, or consents before uploading or sharing that content with AWECEAN.

AWECEAN may remove or restrict media that appears to violate privacy, publicity, intellectual-property, safety, child-protection, or platform-content rules.

Your acceptance of this Waiver is recorded along with information about that acceptance (timestamp, IP address, user-agent string, booking identifier, and document version) as described in our Privacy Policy. We process that information to evidence acceptance, comply with legal obligations, and protect the Platform.

If any provision of this Waiver is held to be unenforceable, that provision will be enforced to the maximum extent permitted by law, and the remaining provisions will remain in full force and effect.

AWECEAN and the Instructor may modify, postpone, reschedule, or cancel a Lesson — in whole or in part — when, in their good-faith judgment, weather, ocean, tide, current, visibility, beach, environmental, public-health, regulatory, lifeguard-authority, or other safety conditions make proceeding unreasonably risky, or when beach access is closed or restricted. Such decisions may also be required by events beyond reasonable control, including without limitation storms, lightning, hurricanes, earthquakes, marine hazards, water-quality advisories, wildfires, civil unrest, governmental action, or other force-majeure events.

Refund, credit, or rescheduling consequences of any such modification or cancellation are governed exclusively by the Cancellation & Refund Policy; this Waiver does not create any independent refund obligation.

This Waiver is governed by the laws of the United Mexican States, consistent with the AWECEAN Terms of Service, without prejudice to the mandatory consumer-protection rights you may have under the laws of your country of residence. Disputes will be resolved as provided in the Terms of Service.

By checking the acceptance box at checkout and completing payment, you confirm that you have read and understood this Waiver and agree to be legally bound by it. Your acceptance constitutes an electronic signature with the same legal effect as a handwritten signature. AWECEAN records each acceptance with the document version, the timestamp, the IP address, the user-agent string, and the related booking identifier as evidence of your agreement.

Questions about this Waiver: legal@awecean.com.