Terms of Service.
Terms & Conditions
Welcome to Moms Who Wanna Surf. By accessing or using our website and services, you agree to be bound by these Terms and Conditions. Please read these terms carefully before using our website or services.
Eligibility To use our website and services, you must be at least 18 years old, or the legal age of majority in your jurisdiction, and have the legal authority, right, and freedom to enter into these Terms as a binding agreement. If you do not meet these requirements or using our website and services is prohibited in your country or under any applicable law or regulation, you are not allowed to access or use our website or services.
Ownership of Intellectual Property All materials, including but not limited to software, images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and all Intellectual Property Rights related to the website and services, are the exclusive property of Moms Who Wanna Surf. Except as explicitly provided in these Terms, you are not granted a license or any rights to use our intellectual property. You may not sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works of any content or materials on the website without our express written consent.
Item Purchase When buying an item, you agree that: (i) You are responsible for reading the full item listing before making a commitment to buy it; (ii) You enter into a legally binding contract to purchase an item when you commit to buy an item and complete the checkout payment process.
Pricing and Changes The prices for our services and products are listed on the website. We reserve the right to change the prices for products displayed at any time and to correct pricing errors that may inadvertently occur. Further information about pricing and sales tax can be found on the payments page.
Suspension and Termination We may, without prior notice, change or discontinue any services or features offered on our website, or suspend or terminate access to our services, for any reason, including if you violate any provision of these Terms or any applicable law or regulation. You may discontinue use and request to cancel your account and/or any services at any time. For automatically-renewed subscriptions, such subscriptions will be discontinued only upon the expiration of the respective period for which you have already made payment.
Indemnification You agree to indemnify and hold Moms Who Wanna Surf harmless from any demands, loss, liability, claims, or expenses (including attorneys’ fees) made against us by any third party due to, arising out of, or in connection with your use of the website or any services offered on the website.
Limitation of Liability To the maximum extent permitted by applicable law, in no event shall Moms Who Wanna Surf be liable for any indirect, punitive, incidental, special, consequential, or exemplary damages, including without limitation, damages for loss of profits, goodwill, use, data, or other intangible losses, arising out of or relating to the use of, or inability to use, the service. We assume no liability or responsibility for any errors, mistakes, inaccuracies, personal injury, property damage, unauthorized access, or use of our secure servers and/or any personal information stored therein.
Modification of Terms We reserve the right to modify these Terms at our sole discretion. You should review these terms periodically. When we make material changes to the Terms, we will notify you. Your continued use of the website or services after any such change constitutes your acceptance of the new Terms.
Promotional Messages By using our website, you agree to receive promotional messages and materials from us through email, or any other contact form you provide us, including text messages. If you do not wish to receive such promotional materials or notices, please notify us at any time.
Assumption of Risk and Release of Liability
I hereby acknowledge that I am voluntarily participating in gatherings, events, and activities organized, hosted, or facilitated by Moms Who Wanna Surf, a California based company. These activities may include, but are not limited to, surfing, beach yoga, swimming, ("Activities").
I understand and acknowledge that there are inherent risks associated with my participation in this Activity, including, but not limited to, physical and/or psychological injury, pain, suffering, illness, disfigurement, temporary or permanent disability, death, or economic loss. These injuries or outcomes may arise from my own actions, inactions, or negligence, or the actions, inactions, or negligence of others, including Moms Who Wanna Surf or its employees, agents, contractors, or representatives. Additionally, I recognize that the condition of the Activity location(s) or facility(ies) may present risks.
I understand that the Activities involve inherent risks and dangers that cannot be eliminated, even with proper safety precautions. The Activities may take place in various environments, both natural and man-made, and may involve physical exertion, unpredictable weather conditions, rough terrain, potential exposure to wildlife, and other hazards.
I agree to hold Moms Who Want Surf harmless from any and all claims, loss, or damage to my personal property, liabilities, and costs, including attorney's fees, that may arise as a result of my participation in this Activity, including travel to and from the Activity (including air travel) or any events incidental to this Activity. In the event that Moms Who Wanna Surf incurs any of these types of expenses due to my participation, I agree to reimburse Moms Who Wanna Surf promptly.
Furthermore, if I require medical treatment as a result of my participation in this Activity, travel to and from the Activity (including air travel), or any events incidental to this Activity, I agree to be financially responsible for any costs incurred as a result of such treatment. I understand that I am responsible for obtaining adequate medical insurance coverage for the duration of my participation in this Activity.
In consideration of being allowed to participate in the Activities, I, on behalf of myself, my heirs, executors, administrators, and assigns, do hereby assume all risks associated with the Activities, including, but not limited to, the risks of:
Physical Injury: I understand that participating in the Activities may result in bodily injury, including broken bones, sprains, strains, concussions, and other serious injuries.
Environmental Hazards: I acknowledge that the Activities may expose me to risks associated with the natural environment, such as inclement weather, extreme temperatures, water conditions, and rugged terrain.
Equipment and Gear: I am aware that using sporting equipment and gear during the Activities may pose risks of accidents or malfunctions.
Actions of Others: I understand that the Actions of other participants, volunteers, employees, or third parties may cause accidents or injuries during the Activities.
Travel and Transportation: I acknowledge that traveling to and from the Activity locations, whether by vehicle, public transportation, or other means, carries its own set of risks.
Medical Care: I understand that medical facilities and services may not be readily available during the Activities, and I assume all risks related to the delay or unavailability of medical assistance.
Personal Belongings: I assume full responsibility for the safety and security of my personal belongings during the Activities.
Photographic and Video Release: I hereby grant Moms Who Wanna Surf the right to use photographs and videos taken during the activities for promotional and marketing purposes without any compensation to me.
Covenant Not to Sue: I agree not to sue or make any claims against the Released Parties for any injuries, damages, or losses arising from my participation in activities, even if caused by the negligence or other fault of the Released Parties.
Governing Law: This Release of Liability shall be governed by and construed in accordance with the laws of the State of California, without giving effect to its conflict of laws principles.
Severability: If any provision of this Release of Liability is deemed invalid or unenforceable, the remaining provisions shall remain in full force and effect.
I expressly and voluntarily release Moms Who Wanna Surf, its officers, directors, employees, agents, representatives, contractors, and all other persons acting under its authority from any and all liability, claims, demands, causes of action, suits, and expenses, including attorney's fees and costs, arising out of or related to my participation in the Activities, including, but not limited to, any injury, illness, damage, or loss to person or property.
I agree to indemnify and hold harmless Moms Who Wanna Surf and its affiliates from and against any and all liabilities or claims made by third parties arising out of my participation in the Activities.
I understand that this Assumption of Risk and Release of Liability is a legally binding contract and that I am waiving certain legal rights by signing it. I acknowledge that I have read and fully understand the terms of this waiver, and I voluntarily agree to its terms. I further certify that I am at least 18 years old or that I am the parent or legal guardian of a minor participant, and I am signing on their behalf.
I have carefully read and understood the terms of this Assumption of Risk and Release of Liability, and I am signing it freely and voluntarily. I acknowledge that by signing this document, I am releasing Moms Who Wanna Surf from all liability, waiving my right to sue Moms Who Wanna Surf, and assuming all risks associated with participating in this Activity, including travel to and from the Activity (including air travel) or any events incidental to this Activity.
Media Release Waiver
I hereby grant Moms Who Wanna Surf and its representatives permission to photograph and/or videograph my image, likeness, and any materials produced by or for Moms Who Wanna Surf during my participation in Moms Who Wanna Surf events, meetups, and any other activities associated with Moms Who Wanna Surf I understand that these photographs and/or videos may be used for various purposes, including but not limited to online, social media, marketing, and advertising materials for Moms Who Want Surf.
I release and discharge Moms Who Wanna Surf, its employees, representatives, and any third parties involved in the creation or use of these materials from any claims, liabilities, or demands that may arise in connection with the use of these materials, including any claims for defamation, invasion of privacy, or infringement of publicity rights.
I understand that this media release waiver extends to all media formats, both existing and yet to be developed, and that Moms Who Wanna Surf has the full right to use these materials in perpetuity. I acknowledge that I will not receive any compensation or royalties for the use of these materials.
I acknowledge that I am voluntarily granting this permission and that I have read and understand the terms of this waiver. I understand that I may revoke this permission in writing at any time, but any materials created before the revocation will remain in use as outlined in this release.
By agreeing to this media release waiver, I affirm that I am at least 18 years of age or, if under 18, that I am accompanied by a parent or guardian who has read and agreed to the terms of this waiver.