Liability Waiver

1. Inherent risks I understand

I acknowledge that Cox's Bazar's coastal waters are open ocean, not a controlled pool. I understand these risks include, but are not limited to:

• Drowning, near-drowning, or unconsciousness due to water inhalation.
• Strong rip currents, riptides, undertows, and sudden changes in tide or swell.
• Collision with the surfboard, fins, leash, other surfers, swimmers, or underwater obstacles.
• Cuts, bruises, fractures, dislocations, muscle strain, and spinal injury.
• Heat stroke, sunburn, dehydration, and hypothermia.
• Marine-life contact (jellyfish stings, sea-urchin punctures, rare encounters with fish or sea-snakes).
• Weather events — sudden storms, lightning, cyclones, or tidal surges.
• Delays in medical response given our beach location and distance from hospitals.

2. My physical condition

I confirm that I am in sufficient physical and mental health to participate. I will honestly disclose any medical condition that may affect my safety in the water, including but not limited to:

• Heart conditions, high/low blood pressure, recent heart attack or stroke.
• Epilepsy, seizures, fainting, or loss of balance issues.
• Asthma, respiratory illness, recent lung infection.
• Recent surgery (within 6 months), fractures still healing, or spinal injury.
• Pregnancy.
• Current intoxication or being under the influence of any substance.
• Any allergy I know of (especially shellfish, iodine, insect bites).

I understand that failing to disclose a material condition releases the Hub from liability for injuries that condition contributes to.

3. Voluntary participation

I am participating voluntarily. I have not been coerced. I have been given the opportunity to ask questions and can stop any activity at any time.

4. Assumption of risk

I accept the risks described in section 1 and assume full responsibility for them, except in cases of the Hub's gross negligence, wilful misconduct, or fraud.

5. Limitation of claims

To the fullest extent permitted by Bangladesh law, including the Contract Act 1872, the Consumer Rights Protection Act 2009, and applicable principles of Bangladesh tort law, I waive and release Cox's Bazar Surf Hub Private Limited (RJSC C-208654/2026), its directors, staff, coaches, lifeguards, volunteers, and contractors from any claim arising from injury, loss, or damage sustained during my participation, except as set out in section 4.

I understand that Bangladesh courts may not enforce all parts of this waiver. This clause is not intended to override any non-waivable right Bangladesh law gives me regarding gross negligence, wilful misconduct, or fraud.

6. Emergency medical consent

If I am injured and unable to respond, I authorise the Hub's staff to provide or arrange reasonable first aid and, where necessary, to arrange transport to the nearest appropriate medical facility. Any cost of medical treatment, ambulance, or hospitalisation is my responsibility.

7. Photo and media release

I grant the Hub a non-exclusive, royalty-free licence to use photographs and video of me taken during sessions for instructional and promotional purposes. I can withdraw this consent at any time by writing to cxbsurfhub@zohomail.com; already-printed materials do not need to be recalled, but online use will be updated within 30 days.

8. Minors (under 18)

If the participant is under 18, a parent or legal guardian must sign this waiver on their behalf and must be physically present at the beach for the duration of the session. The guardian accepts all terms of this waiver on behalf of the minor.

9. Governing law

This waiver is governed by the laws of Bangladesh, including the Contract Act 1872, the Bangladesh Labour Act 2006 (where relevant to staff), the Consumer Rights Protection Act 2009, and the Tourism Act and Bangladesh Tourism Board regulations. Disputes will be resolved in the courts of Cox's Bazar, Bangladesh, after a good-faith attempt at direct negotiation.

9a. About our Ocean Safety program

The Cox's Bazar Ocean Safety program is operated by Cox's Bazar Surf Hub Pvt. Ltd., is benchmarked to the publicly available guidelines of the International Life Saving Federation (ILS), and is adapted for the Bay of Bengal. Certificates issued under this program are an internal competency certification of Cox's Bazar Surf Hub Pvt. Ltd. They are not a representation of certification by any foreign body or by a Bangladeshi statutory authority.

10. Severability

If a court finds any part of this waiver unenforceable, the remainder stays in force.