Terms & Conditions

TERMS & CONDITIONS

INCLUDING LIABILITY WAIVER, ASSUMPTION OF RISK, AND CANCELLATION POLICY

Effective Date: 1/1/2026
Business Name: Austin's Surf LLC
Location: Montauk, New York

1. ELECTRONIC ACCEPTANCE & LEGALLY BINDING AGREEMENT

By checking the required agreement box during booking, scheduling, purchasing, or participating in any lesson or activity, you acknowledge that you have read, understood, and agreed to these Terms & Conditions.

You agree that electronic acceptance (including a required checkbox, digital signature, timestamp, IP record, or online booking confirmation) constitutes a legally binding agreement equivalent to a handwritten signature under applicable law, including the New York Electronic Signatures and Records Act (ESRA).

If you do not agree, you must not book or participate.

This agreement applies to all participants, observers, and parents/guardians of minors.

2. EXPRESS ASSUMPTION OF RISK

You acknowledge that surfing and ocean activities are inherently dangerous and involve extreme and unpredictable risks, including but not limited to:

Drowning

Rip currents and undertow

Powerful shore break

Severe wave impact

Equipment failure

Collision with surfboards, fins, reefs, rocks, sandbars, or other persons

Marine life encounters

Sudden weather shifts

Hypothermia

Heat exhaustion

Permanent disability or death

You acknowledge that ocean conditions at Ditch Plains Beach and surrounding Montauk beaches are variable and may rapidly change without warning.

You voluntarily and knowingly assume ALL risks, whether known or unknown, foreseeable or unforeseeable.

3. RELEASE AND WAIVER OF LIABILITY

To the fullest extent permitted under New York law, you irrevocably release, waive, discharge, and covenant not to sue:

Austin's Surf LLC, its owners, instructors, employees, independent contractors, agents, volunteers, affiliates, successors, and assigns

for ANY AND ALL claims, demands, liabilities, damages, losses, costs, or expenses of any kind, including but not limited to:

Personal injury

Permanent disability

Wrongful death

Property damage

Emotional distress

INCLUDING CLAIMS ARISING FROM THE ALLEGED NEGLIGENCE OF THE COMPANY.

You understand this waiver eliminates your right to bring legal action against the Company.

4. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless the Company from and against any and all claims, actions, damages, losses, liabilities, and legal fees arising from:

Your participation

A minor’s participation under your supervision

Any breach of these Terms

5. MEDICAL FITNESS & AUTHORIZATION

You represent that you are physically fit and capable of participating.

You authorize emergency medical treatment if necessary and agree that all related costs are solely your responsibility.

6. MINORS

If the participant is under 18 years old:

The parent or legal guardian must check the agreement box and complete the booking.

By doing so, the parent or legal guardian:

Agrees to these Terms on behalf of the minor

Assumes all risks on behalf of the minor

Releases the Company from all claims related to the minor

Agrees to indemnify the Company for any claims brought on behalf of the minor

Electronic acceptance by the parent or guardian constitutes binding legal consent.

7. PAYMENT TERMS

Payment is required at time of booking unless otherwise agreed in writing.

You authorize us to charge the payment method provided for all scheduled services, cancellation fees, no-show fees, and applicable charges.

Chargebacks initiated in violation of these Terms may be formally disputed using documentation of your electronic acceptance of this agreement.

8. STRICT 24-HOUR CANCELLATION POLICY

We require a minimum of 24 hours’ notice to cancel or reschedule any appointment.

Failure to cancel at least 24 hours prior to your scheduled appointment time will result in a charge of 100% of the scheduled service fee.

No-shows will be charged in full.

This policy applies regardless of reason, including but not limited to:

Illness

Travel delays

Scheduling conflicts

Weather preferences

9. WEATHER & OCEAN CONDITIONS

Surfing inherently involves imperfect conditions.

Lessons may proceed in rain, wind, or challenging surf unless we determine conditions are unsafe in our sole discretion.

Weather-based cancellations are determined solely by the Company.

Client preference regarding wave size, wind, or comfort level does not constitute grounds for refund.

10. NO GUARANTEE OF OUTCOME

We do not guarantee:

Specific wave conditions

Skill progression

Performance results

Enjoyment

Surfing success depends on multiple uncontrollable factors.

11. PHOTO & MEDIA RELEASE

With your consent, you grant us the unrestricted right to use photographs or videos taken during participation for promotional purposes without compensation.

Withdrawal of consent must be made in writing.

12. GOVERNING LAW & VENUE

These Terms shall be governed exclusively by the laws of the State of New York.

All disputes shall be brought exclusively in Suffolk County, New York.

You waive any objection to jurisdiction or venue.

13. WAIVER OF JURY TRIAL

To the fullest extent permitted by law, you waive the right to a trial by jury in any dispute arising from participation or these Terms.

14. CLASS ACTION WAIVER

You agree that any claim shall be brought individually and not as part of any class, collective, or representative action.

15. SEVERABILITY

If any provision of this agreement is found unenforceable, the remaining provisions shall remain in full force and effect.

16. ENTIRE AGREEMENT

This agreement constitutes the entire agreement between you and the Company regarding participation and supersedes any prior communications.