COMMERCIAL PARTNER AGREEMENT, SERVICE CONTRACT, AND LIABILITY WAIVER (SAN DIEGO, CA) — SURF SCHOOLS
By creating an account, completing the partner application form, and using the Surfing4all digital platform (“Platform”), your surf instruction company and surf school (“Surf School” or “Partner”) expressly acknowledge, understand, and agree to the following terms and conditions:
1. Commercial Partnership Status and Independent Contractor Relationship
1.1. Absence of Employment Relationship or Corporate Partnership: The Surf School operates strictly as an independent commercial entity and service provider. Joining or using the Platform does not create any employment relationship, legal subordination, joint venture, partnership, agency, or franchise between the Platform and the Surf School, its owners, directors, or contracted instructors.
1.2. Operational Autonomy and Team Management: The Surf School retains full freedom and autonomy to manage its operating schedules, teaching methodologies, instructor allocations, student selections, and preferred lesson locations in San Diego County, as well as the right to accept or decline lesson bookings referred by the Platform.
1.3. Equipment and Infrastructure Responsibility: The Surf School is solely responsible for acquiring, inspecting, and maintaining all equipment required for lessons (including softboards, hardboards, adaptive surf gear, wetsuits, identification rashguards, leashes, wax, and first-aid kits), ensuring that all gear is in safe, sanitized, functional, and seaworthy condition.
2. Certifications, Local Permits, Insurance, and Compliance (San Diego & California)
2.1. Technical Credentials and Instructor Staff: The Surf School guarantees that all instructors and coaches under its responsibility hold and maintain valid, up-to-date credentials from recognized organizations (e.g., ISA – International Surfing Association, AMPSurf, or equivalent), alongside active certifications in CPR/AED, First Aid, and Water Rescue / Lifeguard training.
2.2. Commercial Licenses and Local Permits: The Surf School assumes sole and exclusive responsibility for obtaining, maintaining, and renewing all required commercial business licenses (Business License / EIN) and commercial beach use permits (such as the City of San Diego Park & Rec Commercial Surf Permit or California Coastal Commission authorizations) to conduct paid group and private lessons on public beaches.
2.3. General Liability Insurance: The Surf School agrees to maintain an active general commercial liability insurance policy covering athletic and recreational operations to address potential accidents or damages occurring during lessons provided by its staff.
2.4. Tax Obligations: The Surf School acknowledges that it is solely responsible for reporting, filing, and paying all federal, state, and local taxes related to income processed through the Platform.
3. Safety Responsibility and Ocean Condition Assessment
3.1. Ocean Risk Assessment: The Surf School acknowledges that ocean surfing is an inherently dangerous activity involving risks of severe physical injury, paralysis, or drowning. The Surf School and its designated instructors are solely responsible for evaluating daily ocean conditions, swells, tides, winds, rip currents, and marine life. The Surf School must reschedule or cancel any lesson or event if conditions pose a threat to student safety.
3.2. Water Quality and Environmental Advisories: The Surf School agrees to monitor water safety alerts issued by the County of San Diego Department of Environmental Health and Quality (DEHQ) and refrain from conducting lessons during active beach closures or health advisories.
4. Total Release of Liability and Indemnification
4.1. Platform Limitation of Liability: The Platform functions strictly as an online technology intermediary connecting students with independent surf schools and processing online payments. The Platform holds no civil, criminal, or financial liability for accidents, injuries, property damage, or fatalities occurring before, during, or after lessons booked through the Platform.
4.2. Obligation to Indemnify: The Surf School agrees to defend, indemnify, and hold harmless the Platform, its owners, directors, employees, and agents from any claims, lawsuits, municipal fines, attorney fees, and legal expenses arising from:
Bodily injury or property damage caused to students, school instructors, or third parties during activities;
Non-compliance with City of San Diego municipal codes or California state laws;
Any claims asserting an employment relationship between the Surf School’s instructors and the Platform.
5. Irregularity or Lack of Licenses, Permits, and Documentation
If the Surf School operates on the Platform with expired or missing business licenses, San Diego beach permits, staff certifications, or insurance coverage, full civil, criminal, administrative, and financial liability shall rest solely with the Surf School. The Platform shall be fully exempt from any direct, vicarious, or joint legal liability before students, municipal authorities, or courts.
6. Fees, Service Commissions, and Payment Terms
6.1. Revenue Split and Commission Structure: For each lesson or package booked and processed through the Platform within the jurisdiction of San Diego, CA, the total amount paid by the user (“Total Booking Amount”) will be distributed as follows:
a) Seventy percent (70%) of the total amount will be remitted to the Surf School as compensation for providing instructional services (“Surf School Share”).
b) Thirty percent (30%) of the total amount will be retained by the Platform as a technology licensing and lead-generation fee (“Platform Service Fee”).
6.2. Payment Processing and Payouts:
a) The Platform acts as an intermediary collection agent, collecting the full booking amount from students at the time of online reservation.
b) Payouts to the Surf School (corresponding to 70% in USD) will be transferred to its designated Stripe account within 5 business days following confirmed lesson completion.
6.3. Tax Status and IRS Reporting (USA):
a) The Surf School confirms that it operates as an independent corporate entity or contractor under California law (including AB 5 / Labor Code provisions).
b) The Platform will issue applicable tax reporting forms (Form 1099-NEC or 1099-K) in accordance with IRS regulations.
7. Surf School Declaration and Acknowledgment
By clicking the acceptance checkbox on the partner application form, the legal representative of the Surf School expressly declares that:
They have read, understood, and fully agree to all terms of this partner agreement;
They are the duly authorized legal representative empowered to sign on behalf of the Surf School / Business Entity;
All documents, tax registrations, municipal permits, and media uploaded are authentic and valid;
They assume full legal responsibility for technical management, student safety, and instructor conduct during all lessons booked via the Platform across San Diego beaches.