Participation Agreement and Release of Liability

In this agreement, "Activity" or "Activities" are used to designate participation in activities in the Cove, Shorelines and wider resort. These include but are not limited to surf lessons, surf sessions, bodyboarding, open water swimming, surfskate lessons and surfskate sessions, along with using any of our equipment or facilities.

I acknowledge, understand and accept that participating in Activities could result in physical or emotional injury, paralysis, death or damage to myself or a third party. Notwithstanding the above, I agree to participate in Activities voluntarily and assume all of the hazards and potential risks that could be associated with my participation, along with any potential consequences relating to those risks as set out above.

Medical Conditions

I warrant that I am in good health and have no medical or physical conditions or injuries that could affect my ability to safely participate. I confirm that I have disclosed all relevant medical conditions that may affect my ability to safely participate in the Activities in the designated section of my booking form or to Resort staff prior to participation. I understand that failure to disclose relevant medical information may increase risks associated with participation and could invalidate aspects of this agreement.

Release of Liability

I hereby release, waive and discharge Tartan Leisure Limited (as operator of the Resort) from any liability, claims, demands, actions or causes of action, including in respect of injury or death to myself or a third party that may arise from or relate to my participation in Activities.

Extent of Release

I understand and acknowledge that the release of liability provided in this agreement extends to claims based on ordinary negligence by Tartan Leisure Limited, its employees, instructors, and agents. This release does not extend to claims based on gross negligence or intentional misconduct. I accept that certain risks are inherent in the Activities even with proper supervision and safety measures in place.

Indemnification

I agree to indemnify and hold harmless Tartan Leisure Limited (as operator of the Resort) from any claims, demands, actions, or causes of action brought about by third parties, as a result of my participation in Activities. I agree to follow all rules, instructions, and safety guidelines. I understand that failure to comply with these rules may result in my removal from the Cove and/or the Resort without a refund. I have read the Resort's terms and conditions.

Severability and Governing Law

If any portion of this waiver is deemed invalid or unenforceable, the remaining portions shall remain in full force and effect. This waiver shall be governed by and construed in accordance with the laws of Scotland. If you are a resident of England, Wales or Northern Ireland you may also bring proceedings in England, Wales or Northern Ireland respectively.

Data Protection

I understand that the personal information provided in this form will be processed by Tartan Leisure Limited for booking management, safety purposes, and legal record-keeping. This data may be shared with relevant third-party service providers, including our booking system operator. My data will be retained for the duration required by applicable law following my participation. I acknowledge that I have read the Resort's Privacy Policy available at https://www.lostshore.com/privacy-policy which provides further information about how my personal data is handled.

Electronic Signature

I acknowledge that by selecting "Yes" and submitting this form electronically, I am providing my consent and legally binding signature to this Participation Agreement and Release of Liability. I understand that my electronic signature has the same legal effect and validity as a handwritten signature.

Agreement

I hereby agree to the Participation Agreement and Release of Liability.

Safety Video Acknowledgment

I hereby confirm I have watched and understood the safety video. I acknowledge my responsibility to follow these instructions while participating in Activities, and understand that proper adherence to these safety guidelines is essential for my well-being and the safety of others.