INDEPENDENT CONTRACTOR AGREEMENT & LIABILITY RELEASE (RIO DE JANEIRO)

By registering and using the Surfing4all platform (“Platform”), you (“Instructor”) expressly declare that you have read, understood, and fully agree to the terms and conditions of this Independent Contractor Agreement and Liability Release. If you do not agree with any provision contained herein, you must not complete your registration.

1. Professional Autonomy and No Employment Relationship

1.1. No Employment Relationship: The Instructor expressly declares and acknowledges that they operate strictly as an independent service provider / freelancer / independent contractor. Joining the Platform does not establish any employment relationship, legal subordination, commercial representation, joint venture, or partnership between the Instructor and the Platform.

1.2. Operational Flexibility: The Instructor retains full autonomy to determine their own working hours, operating days, teaching beaches within the municipality of Rio de Janeiro, and whether to accept or decline lesson requests transmitted through the Platform.

1.3. Equipment: The Instructor is solely responsible for supplying and maintaining all equipment necessary for conducting lessons (such as surfboards, wetsuits, leashes, wax, and first-aid kits), ensuring that all items are in safe, functional, and proper working condition.

2. Certifications, Local Permits, and Legal Compliance (Rio de Janeiro)

2.1. Technical Credentials: The Instructor guarantees holding and maintaining valid certifications required to teach surfing (e.g., credentials issued by recognized surfing federations or associations such as FESERJ, CBSurf, or ISA), as well as an up-to-date certification in Basic Life Support / First Aid / Water Rescue (e.g., CBMERJ, Sobrasa, or Red Cross).

2.2. Municipal Licenses and Public Land Use: The Instructor is solely and exclusively responsible for complying with all regulations governing the use of public beach areas along the Rio de Janeiro coastline, including adherence to municipal decrees, operating licenses, permits, or registrations required by the City Hall of Rio de Janeiro (Prefeitura do Rio de Janeiro), the Municipal Secretariat of Sports (SMEL), and local Subprefectures (South Zone, Barra da Tijuca, Recreio, etc.).

2.3. Tax Compliance: The Instructor assumes full responsibility for the payment of all local taxes, duties, and fees (such as ISS, if applicable, or MEI tax obligations) arising from revenue generated by lessons booked through the Platform.

3. Safety Responsibility and Ocean Condition Evaluation

3.1. Ocean Risk Assessment: The Instructor assumes total responsibility for evaluating weather and sea conditions in Rio de Janeiro (such as rip currents, swells, wave size, and warnings issued by the Fire Department / CBMERJ / Salvamar) prior to and during each lesson. The Instructor must reschedule or cancel any lesson if there is any threat to student safety.

3.2. Water Quality and Environmental Advisories: The Instructor is responsible for monitoring water quality reports issued by INEA (State Environmental Institute of Rio de Janeiro) and must refrain from conducting lessons on beaches or sections deemed unsuitable for swimming.

4. Full Release of Liability and Indemnification

4.1. Limitation of Liability: The Platform operates strictly as a technology intermediary connecting students with independent instructors and processing payments. The Platform shall not be held civilly, criminally, administratively, or financially liable for accidents, bodily injury, drowning, disability, death, or property damage occurring before, during, or after lessons on Rio de Janeiro beaches.

4.2. Duty to Indemnify: The Instructor agrees to defend, indemnify, and hold harmless the Platform, its directors, officers, and partners against any lawsuits, extrajudicial notices, municipal fines, or financial losses resulting from damages caused to students or third parties during lessons.

5. Absence or Irregularity of Licenses and Certifications

In the event that the Instructor operates through the Platform without possessing valid — or with expired — technical certifications, public beach space permits, municipal licenses, or CPR/First Aid credentials, full legal, civil, administrative, municipal, and financial liability shall rest solely and exclusively upon the Instructor. The Platform shall be completely exempt from any joint, secondary, or vicarious legal liability arising from the Instructor’s lack, expiration, omission, or falsification of such documents before students, regulatory bodies, or public authorities in the City or State of Rio de Janeiro.

6. FEES, SERVICE COMMISSIONS, AND PAYMENT TERMS (RIO DE JANEIRO OPERATION)

Tax and Legal Status Compliance under Brazilian Law:
a) Independent Relationship: The Instructor operates strictly as an independent service provider (e.g., Autônomo or Microempreendedor Individual – MEI under Brazilian legal framework) and acknowledges that this Agreement does not constitute an employment relationship (vínculo empregatício) under the Consolidação das Leis do Trabalho (CLT).
b) Tax Responsibilities: The Instructor is solely responsible for declaring, reporting, and paying all applicable local, municipal, state, and federal taxes (including ISS, INSS, and Income Tax/Imposto de Renda) associated with their 70% share of earnings. The Platform shall not be responsible for withholding or paying any taxes on behalf of the Instructor, except where strictly required by Brazilian tax legislation.

Revenue Split and Commission Structure:
For every completed surfing lesson booked and processed through the Platform within the jurisdiction of Rio de Janeiro, Brazil, the total fee paid by the user (“Total Lesson Fee”) shall be distributed as follows:
a) Seventy percent (70%) of the Total Lesson Fee shall be remitted to the Instructor as compensation for the independent instruction services provided (“Instructor Share”).
b) Thirty percent (30%) of the Total Lesson Fee shall be retained by the Platform as a technology licensing and intermediation fee (“Platform Service Fee”).

Payment Collection & Disbursement:
a) The Platform acts as an intermediary technology provider and payment processing agent for the Instructor, collecting the Total Lesson Fee from students at the time of booking.
b) Payouts to the Instructor (amounting to 70% of the Total Lesson Fee, calculated in Brazilian Real – BRL, or converted at the prevailing exchange rate if applicable) will be transferred to the Instructor’s designated bank account or digital wallet within 5 business days following the verified completion of the lesson.

7. INSTRUCTOR DECLARATION AND ACKNOWLEDGMENT

By checking the acceptance box on the registration form, I expressly declare that:

I have read, understood, and fully agree to all terms in this document;

I am at least 18 years old and possess full legal capacity to offer and perform surf coaching services;

All information, documents, and credentials submitted during registration are true, authentic, and accurate;

I acknowledge my full professional independence and sole responsibility for the safety of students under my instruction across the beaches of Rio de Janeiro.