Blue Sky Foils eFoil Release Waiver

Agreement, Waiver and Release of Liability for the use of eFoils, and Related Watersports Equipment

This is an eFoil and Equipment Use Agreement between “Blue Sky Foils,” and the undersigned, herein called, “USER.” This agreement also constitutes a Waiver and Release of Liability, whereby the USER agrees to release, discharge, hold harmless, defend and indemnify “Blue Sky Foils,” and its employees, subcontractors and agents from any and all claims, actions or losses for bodily injury, property damage, wrongful death, loss of services or any other claim which may arise out of USER’s use of eFoils or Equipment, premises or facilities or USER’s participation in paddle sports activities.

By signing this document, USER acknowledges that he/she specifically understands he/she is releasing, discharging and waiving any claims or actions that he/she may have at the present time, or in the future, for the negligent acts, omissions or other conduct by the employees, subcontractors or agents of “Blue Sky Foils .

  1. USER shall obey all applicable state, federal, and local regulations, laws, ordinances, and lawful directives from appropriate emergency or law enforcement personnel, while using eFoils or Equipment from “Blue Sky Foils. USER is solely responsible for any citation or violation occurring during the use of, or as the result of using, eFoils or Equipment from “Blue Sky Foils. USER agrees not to disturb wildlife while using eFoils or Equipment from “Blue Sky Foils.
  2. USER represents that he/she is capable of safely operating and handling the Equipment and finds it in good working order, condition, and repair. USER acknowledges that he/she is responsible for carrying all eFoils and Equipment to and from the put-in. USER represents that he/she has adequate skills, knowledge and experience to safely complete the planned activity and that adequate preparations have been made to ensure safe completion of trip.
  3. USER shall bear all risk and responsibility of and for any and all damage, loss or theft of the eFoils and/or Equipment, or any portions thereof, including, but not limited to vandalism or theft, and shall pay “Blue Sky Foils”  the full cost of repair or replacement.
  4. USER shall return eFoils and Equipment in the condition in which they were received. Upon return, USER must re- rack eFoils (emptying out all water and trash) and store Equipment properly. Minimum charges for repairs, labor, and cleaning will be applied in the event that eFoils or Equipment require repair or excessive cleaning. USER agrees to use all eFoils and Equipment for its designed purpose only.
  5. RECOGNITION OF RISK: USER expressly acknowledges that activities associated with the use of eFoils and Equipment involves inherent risks of injury to persons and property. USER IS AWARE OF THOSE RISKS AND UNDERSTANDS THEM. USER acknowledges that Safety Equipment (e.g. Personal Floatation Devices/Life Jackets) are made available and that ALL USERS ARE REQUIRED TO USE SUCH SAFETY EQUIPMENT AT ALL TIMES WHILE USING eFoils AND EQUIPMENT. USER understands that use of such Safety Equipment does not remove all risks of injury; nor does it make paddle activities safe. USER alone has determined the sufficiency of any safety gear or other precautions that USER decides to take in order to minimize the risks of the activity. No party related to “Blue Sky Foils, including employees, subcontractors and agents, has made any representations regarding the safety of, or the risks of, such activities. USER EXPRESSLY ASSUMES THE RISKS OF THE ACTIVITY.
  6. RELEASE OF LIABILITY: USER hereby RELEASES “Blue Sky Foils” , its employees, subcontractors and agents from liability for negligence and HOLDS HARMLESS “Blue Sky Foils , ” its employees, subcontractors and agents from any loss, expense or cost, including attorney fees, arising out of any damages or injuries, whether to persons or property, occurring as a result of the use of said eFoils or Equipment.

This agreement constitutes the entire agreement between “Blue Sky Foils” and USER with regard to the use of eFoils and/or Equipment and no term may be waived or modified (including provision against oral modification) except in writing signed by both parties. There are no warranties, expressed or implied, by “Blue Sky Foils” to USER, except as contained herein, and “Blue Sky Foils” shall not be liable for any loss or injury to USER nor to anyone else, of any kind or however caused. This agreement is one of bailment only and USER is not a “Blue Sky Foils” agent while using said Boat(s) or Equipment. The laws of the State of Maine shall govern this agreement.


By signing below, USER certifies that he/she has read and understands the above and acknowledges and agrees to the terms and conditions as stated.



By signing below, I certify that I am the parent/guardian of the Minor who has signed this Agreement. I certify that I have read the Agreement and that I understand the above and acknowledge and agree to the terms and conditions as stated. As the parent/guardian of the above signed, I confirm that the Minor’s date of birth is correct.


Who will be participating?

Adult  Adult and Children  

Your Information

By clicking 'I Agree' below, you agree that you have read and agree with the terms of the waiver and that the information you provided is accurate. You furthermore agree that your submission of this form, via the 'I Agree' button, shall constitute the execution of this document in exactly the same manner as if you had signed, by hand, a paper version of this agreement.