Terms and Conditions

1. Who we are and what this agreement is

These Terms and Conditions (the "Terms") are an agreement between you and THE SURR ("THE SURR", "we", "us" or "our"). THE SURR is a trade name of a Florida limited liability company (the "Company"). We will give you the Company's full legal name on request through the contact page, and in any form or notice we send you for signature. They govern your participation in The SURR Lineup (the "Lineup"), our free supporter program for a proposed surf park in South Florida, and the benefits described below (the "Benefits").

You accept these Terms by pressing the Join The SURR Lineup button on the Lineup form, which sits next to a notice that says so. Please read them first. If you do not agree, do not submit the form.

These Terms work together with our Privacy Policy, which is part of this agreement.

2. Who can join

The Lineup is for people who are at least 13 years old. By pressing the Join The SURR Lineup button you confirm that you are 13 or older. Nobody may join on behalf of another person, and a person under 13 may not join.

We rely on your confirmations and cannot check them independently. If we learn or reasonably believe that a person under 13 has joined, we will remove the entry and delete the personal information promptly. The person who gave false information is responsible for it. If you are under 13, please do not submit the form, ask a parent or guardian to join the Lineup for your family, and you can follow @surfthesurr on Instagram with a parent's permission.

Give true information and use your own name and email address. One entry per person. Entries that reach the same inbox, or that are the same person entering twice, count as one, and we keep the first confirmed. When you claim a Benefit we may ask for photo ID that matches the name on the entry. We may remove duplicate, false, automated or bulk entries, and we may refuse or remove any entry for any lawful reason, including a breach of these Terms.

Public officials. If you are a public official, a candidate for public office, someone who works for a government agency, or a spouse or relative of one, you can join the Lineup and take a number like anyone else. But despite sections 6, 7 and 8, we do not give you the First Session, the shirt or the Instagram feature unless we first confirm in writing that we may. We may hold these Benefits for any entry we reasonably believe fits this description. We do this because laws on gifts to public officials may apply, and we follow them. If you are not sure whether this applies to you, ask us through the contact page before you try to claim a Benefit. Holding these Benefits does not change your number.

3. What the Lineup is, and what it is not

The Lineup is a free way to show your support for a surf park in South Florida and to receive the Benefits. Joining costs nothing. No purchase, payment, donation or deposit is required to join or to receive any Benefit.

There is no chance, drawing, raffle or prize competition. Every eligible person who joins and confirms their email takes the next number.

The Lineup is not a membership, a club, a subscription, a ticket, a reservation, a petition, a loyalty program or a financial product. It does not give you any ownership, equity, revenue share, voting right, investment interest, naming right, license, lease, easement or other interest in THE SURR, in the park, in any land or in any company. It does not give you booking priority, discounts, or access to any facility beyond the Benefits expressly stated in these Terms.

Nothing on our website or in our emails is an offer to sell securities or an invitation to invest.

4. The status of the project

THE SURR is a project in development. The park depends on government approvals, land rights, permits, financing, construction, technology and equipment, and the agreement of third parties, many of which are outside our control. We are working to open the park, and we describe the Benefits in terms of the park's opening. We cannot promise the date, the location, the design, the features, the pricing or the operator of the park, or that any particular approval will be given.

Two Benefits depend on the project: the First Session in section 6 and the shirt in section 7. The First Session is available only if and when the park or the relevant feature opens to the public. The shirt is available only after we publicly announce the park's location. If either does not happen, or happens in a different form or place, we have no obligation to provide that Benefit, to provide a substitute or to pay anything to you in place of it.

Statements we make about our plans, our timing and the park are statements of intention, not guarantees. To the extent the law allows, you agree that you are not relying on any statement of this kind when you join. This does not limit any liability for fraud.

5. Your number

Your Lineup number is assigned in the order in which emails are confirmed, not in the order of submission. Every confirmed entry receives a number. We measure the order by our server clock at the moment of confirmation, and our records of the order are final.

Your number is an identifier only. It has no value, cannot be sold, traded or transferred, and does not guarantee any Benefit beyond those in these Terms. We may close the Lineup at any time, and we may reissue a number if an entry is removed.

6. The First Session (first 100 confirmed entries)

The first 100 people to confirm their email and receive Lineup numbers 1 through 100 ("First 100") are each entitled to one complimentary first session at the park (the "First Session"), on the following terms.

• Level. The First Session is a beginner or intermediate level session, as the park's instructors decide after a short assessment. Session prices are not set, and we make no statement about what a comparable session will cost.
• Availability. The First Session is subject to availability. It depends on the park's opening, operating schedule, session times, capacity, water and weather conditions, maintenance and safety decisions. We may set the dates and times on which First Sessions can be booked, and they may be limited to certain days or times.
• Booking and use period. You must book and use the First Session through the booking method we announce, within 12 months after the date we announce that First Session bookings are open. A First Session that is not booked and used in that period expires with no payment or replacement.
• One per person. It is one session for one person. It does not include guests, spectators, additional sessions, lessons beyond the session, equipment beyond what the park includes in the session, food, merchandise, travel or parking, unless we say so in writing.
• No transfer or cash value. It is personal to you and cannot be transferred, sold, auctioned, combined with any other offer, exchanged, refunded or redeemed for cash, credit or any other item. It is not a discount, membership or priority booking, and it does not reduce the price of any later session.
• Participation rules. To take part you must meet the park's requirements at the time, which may include minimum age, height, swimming ability and health conditions, a signed waiver and release of liability, acceptance of the park's rules and policies, and following the instructions of staff. The park may refuse or end your session at any time for safety, health or conduct reasons. If that happens we may, at our discretion, offer another date.
• Risk. Surfing and other water activities carry inherent risks, including drowning, serious injury and death. For a person under 18, the waiver is signed by a parent or legal guardian and will include the notice Florida law requires. You alone decide whether to take part. You will be asked to sign the park's waiver before you do. These Terms do not replace that waiver.
• Operator. The park may be run by us or by a third party that we select. We may assign the First Session to the operator, and we may ask you to accept the operator's terms to use it.
• Taxes. You are responsible for any tax that applies to receiving the First Session. We may ask for information needed to meet legal reporting obligations, and we may withhold the First Session until we have it.
• Verification. We may ask you to show that the entry is yours before we give you the First Session. We may refuse it where we reasonably believe the entry was false, duplicated or created in breach of these Terms.
• If you are under 18. A parent or legal guardian must authorize your First Session in writing and must sign the park's waiver and release for you. The parent or guardian must be present when the First Session is claimed. Without that authorization we cannot give you the First Session, and it does not pass to anyone else.

If you are not in the First 100, you are still in the Lineup and still receive the other Benefits.

7. The Lineup shirt

Each of the first 1,000 confirmed people in the Lineup is entitled to one Lineup shirt, on the following terms.

• Details. When shirts are ready we will email you and ask for your size, a pickup location and other information needed to give you the shirt. Giving this information is your choice, but we cannot give you the shirt without it.
• Pickup. Shirts are picked up in person at partner businesses around South Florida. Shirts become available only after we publicly announce the park's location. We do not promise a date for that announcement or for pickup. We will tell you by email when and where your shirt is ready. Shirts are not shipped unless we say so. You must pick up your shirt within the period stated in that email, which will be at least 90 days, after which it is forfeited with no replacement.
• Supply. One shirt per person among the first 1,000. Sizes are offered while supply lasts, and the final design may differ from any image we show. We may ask you to show your Lineup number or ID at pickup.
• One per person, no cash value. The shirt cannot be transferred, exchanged for cash or credit, or resold. It is provided as is, without any warranty of fit, color or fabric beyond what the law requires. Check the fabric and care label for any allergy.
• If you are under 18. A parent or legal guardian must be present when you pick up your shirt.
• Partner businesses. Partner businesses are independent. They act for themselves and not as our agents, and we are not responsible for their acts, opening hours or premises.

8. The Instagram feature

The Instagram feature is open to the first 1,000 confirmed people in the Lineup. To take part, you post as described below. You are not required to post. If you do not, you are not featured and your other Benefits are not affected. Posting does not guarantee that we will feature you.

• How it works. To be considered, you publicly post a photo of you with friends or family on your own Instagram account, with a caption saying why South Florida needs a surf park. Then invite @surfthesurr to the post as a collaborator and follow the other steps on your Lineup page (the page you see after you confirm your email). We will review it, accept the collaboration and may then feature your post.
• Our choice. We decide whether, when, where and how often we feature a post and for how long. We may decline or remove any post, for example if it is not about the park, is unclear, is low quality or does not follow these Terms. We may crop, caption or edit the post for format or length.
• Your photo and your right to post it. You must own the photo or have the right to post it. Everyone who appears in the photo must agree to appear. Do not post anything that is unlawful, misleading, hateful, harassing, sexual, violent, defamatory, or that infringes anyone's privacy or intellectual property, including third party music and logos. Do not post a photo that shows a child without the parent's consent. We may refuse any post at our discretion.
• Disclosure. Federal advertising rules require people to disclose a connection to a business when they post about it. Because you receive Benefits from the Lineup, your post must clearly and conspicuously disclose it. Put "#ad" in the first line of your caption, as the first hashtag, and keep that line short so it shows before any "more" link. If your caption is in Spanish, you may use "#publicidad" instead, and if it is in Portuguese, "#publi". Do not bury it among other hashtags, put it only in a comment, or remove or hide it. We do not accept a post without this disclosure, and we may ask you to fix or remove a post that does not have it. You are responsible for following the platform's rules and the law that applies to your post.
• License and consent. By posting and inviting us as a collaborator, you give, as far as you are able to give it, THE SURR and its successors, licensees and affiliates a non-exclusive, worldwide, royalty-free, sublicensable license to display, repost, share, reproduce, crop and adapt the post, photo and caption, and your name, Instagram handle, image and likeness shown in it, for as long as the post stays up on our channels and in connection with promoting THE SURR and the park. This includes our website, social media, presentations to public bodies, landowners, partners and investors, and press. You consent to this use in writing for the purposes of section 540.08, Florida Statutes. You are not paid for this use.
• Taking it back. You can ask us to stop featuring you at any time by using the contact page. We will remove the post from our channels within a reasonable time. We are not required to recall material already printed, published or sent to others before we receive your request, and a removal does not undo the license for those uses.
• If you are under 18. You choose to invite us as a collaborator, and the collaboration stays on your own Instagram account, where you can remove it at any time. We will not use your photo or name anywhere else, such as our website, presentations, press or print, unless a parent or legal guardian agrees in writing first.
• Instagram rules. Follow Instagram's rules. You release Instagram and Meta Platforms, Inc. from any claim related to the Lineup.
• Platform. Instagram is a trademark of Meta Platforms, Inc. The Lineup is not sponsored, endorsed or run by Instagram or Meta, and your use of Instagram is governed by its own terms.
• No relationship. Being featured does not make you our employee, agent, contractor or partner and does not mean we endorse you.

9. Your name on our website

Your name on our website is part of joining the Lineup. By joining, you ask us to show your name there, and you agree to the terms in this section.

• What we will show. Your first name and last initial, or, if you choose it on the form, your family name in the form "The [Family Name] Family". We may add your city, your Lineup number and your message. We will not show your email address or ZIP.
• Family names. If you choose to appear as a family, only the family name is shown and no first names. You sign up for yourself only. You confirm that the members of your family who share the name agree to it appearing, and you must not name a child. We may leave out or change a family name that is offensive, false or not yours.
• Consent. By pressing the Join The SURR Lineup button you consent in writing, for the purposes of section 540.08, Florida Statutes, to this use of your name on our website, and you give us a non-exclusive, worldwide, royalty-free license to display your message on our website and in promotional material about THE SURR. We may edit or remove a message at any time.
• Our choice of design. We decide how your name looks, how names are ordered and how they are updated. Your name is not a naming right and does not give you any interest in THE SURR, the park or the website.
• Spelling. Your name appears as you typed it on the form, in the format we use. You are responsible for checking the spelling you give us. We may correct obvious typing errors.
• Removing a name. We may leave out or remove a name that is offensive, false, impersonates someone, or belongs to an entry that breaks these Terms or is removed.
• Changing your mind. You may withdraw your consent at any time by using the contact page. We will remove your name from our website within a reasonable time after we receive and process your request. A parent or legal guardian of a person under 18 may do this for that person. We cannot remove your name from material already published or sent to others before we receive your request.
• Withdrawing. If you withdraw your name, you remain in the Lineup and keep the other Benefits, but we will no longer show your name on our website.

10. Emails and contact

By joining you agree that we may send you emails about your entry, the Benefits, and news about THE SURR and the park. You can unsubscribe from marketing emails at any time using the link in any news email or the contact page. We may still send messages about your entry and the Benefits, and legal notices, after you unsubscribe.

We do not send text messages unless you separately agree to them.

11. Your conduct

You agree not to use the form or the Lineup in a way that is unlawful, false or harmful, to submit false or automated entries, to try to get around the security or limits of the website, to submit a message that is hateful, threatening, defamatory, sexual, or that exposes another person's private information, or to harm the name or reputation of THE SURR. We may remove an entry, hold or cancel any Benefit, and block access if you do.

12. Changes to the Lineup or these Terms

We may change, suspend or end the Lineup, a Benefit or the way a Benefit works, for example because of availability, cost, law, safety or the progress of the project. We may also update these Terms.

We will email you at the address you gave us before a material change that affects a Benefit you are entitled to takes effect, and we will give you at least 30 days' notice unless the law or a safety reason requires a faster change. A change applies only from its effective date. If you do not agree to a change, you may leave the Lineup by contacting us before the date it takes effect, and your continued participation after that date means you accept the change.

If we replace a Benefit with something of broadly equal value because the original cannot be provided, that is a permitted change.

13. Disclaimers

TO THE FULLEST EXTENT THE LAW ALLOWS, THE LINEUP, THE BENEFITS, OUR WEBSITE AND OUR EMAILS ARE PROVIDED "AS IS" AND "AS AVAILABLE". WE MAKE NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT ANY BENEFIT WILL BE AVAILABLE AT A PARTICULAR TIME OR AT ALL.

WE DO NOT PROMISE THAT THE PARK WILL BE APPROVED, FINANCED, BUILT OR OPENED, OR THAT IT WILL OPEN ON ANY DATE, AT ANY LOCATION OR WITH ANY FEATURE. NOTHING ON OUR WEBSITE OR IN OUR EMAILS IS LEGAL, FINANCIAL OR INVESTMENT ADVICE.

14. Limit of our liability

TO THE FULLEST EXTENT THE LAW ALLOWS, THE SURR, THE COMPANY, ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, CONTRACTORS, PARTNERS, LICENSORS AND AGENTS (TOGETHER, THE "RELEASED PARTIES") ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST OPPORTUNITY, LOST DATA OR DISAPPOINTMENT, ARISING OUT OF OR RELATED TO THE LINEUP, THE BENEFITS, THE PROJECT OR THESE TERMS, EVEN IF ADVISED THAT SUCH LOSS MAY OCCUR. THIS INCLUDES LOSS ARISING FROM A DELAY IN, CHANGE TO, OR FAILURE OF THE PARK OR ANY BENEFIT.

BECAUSE THE LINEUP IS FREE, THE TOTAL LIABILITY OF THE RELEASED PARTIES TO YOU FOR ALL CLAIMS RELATED TO THE LINEUP, THE BENEFITS AND THESE TERMS WILL NOT EXCEED ONE HUNDRED DOLLARS ($100).

YOU RELEASE THE RELEASED PARTIES FROM CLAIMS ARISING FROM YOUR PARTICIPATION IN THE LINEUP AND THE USE OR RECEIPT OF THE BENEFITS (OTHER THAN THE FIRST SESSION ITSELF, WHICH IS GOVERNED BY THE PARK'S WAIVER), INCLUDING CLAIMS ARISING FROM THE NEGLIGENCE OF THE RELEASED PARTIES, TO THE FULLEST EXTENT FLORIDA LAW ALLOWS.

If you are under 18, the release and the cap in this section apply only as far as Florida law lets them apply to you. Nothing in these Terms limits or releases liability, or waives any right, that Florida or federal law does not allow to be limited, released or waived, including liability for intentional misconduct.

15. Your promise to cover us

You agree to defend, indemnify and hold the Released Parties harmless from any claim, loss, liability, damage, cost and expense, including reasonable attorneys' fees, arising out of your breach of these Terms, your content (including any post, photo or message), any claim by a person pictured in your photo or whose rights your content violates, or your violation of the law or a third party's rights.

16. Governing law, venue and disputes

Florida law governs these Terms and any dispute between you and us, without regard to its conflict of laws rules, and the applicable federal law.

Before you start a claim, you agree to send us written notice of the dispute using the contact page, describing the claim and what you want, and to give us 30 days to try to resolve it. We will do the same if we have a claim against you.

Any claim that is not resolved will be brought only in the state courts of Florida located in the county of our principal place of business, or in the federal court for the district that includes that county, and you and we consent to the personal jurisdiction and venue of those courts.

EACH OF YOU AND US KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES THE RIGHT TO A TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATED TO THESE TERMS, THE LINEUP OR THE BENEFITS.

To the fullest extent the law allows, claims may be brought only on an individual basis and not as a plaintiff or class member in any class, collective or representative action.

These Terms do not shorten any time limit that Florida law gives to bring a claim. In a dispute about these Terms, the prevailing party may recover its reasonable attorneys' fees and costs from the other party, to the extent the law allows. This does not apply to a person under 18.

17. Electronic agreement and signature

You agree to receive these Terms, notices and other records from us electronically, on our website and by email. Under the Uniform Electronic Transaction Act (section 668.50, Florida Statutes) and the federal E-SIGN Act, pressing the Join The SURR Lineup button is your electronic signature and has the same effect as a handwritten one.

We keep a record of your acceptance, including the version of these Terms, the date and time, and technical information such as your IP address and browser, to show that you accepted. You can ask for a copy of these Terms at any time by using the contact page. You may print or save them from this page. If you withdraw your agreement to electronic delivery, we may end your participation.

18. General

• Entire agreement. These Terms and the Privacy Policy are the whole agreement between you and us about the Lineup. They replace anything said earlier on this subject.
• If a part is invalid. If a court finds that part of these Terms cannot be enforced, that part is changed to the extent needed to make it enforceable and the rest stays in force.
• No waiver. If we do not enforce a right, we have not given it up.
• Transfer. You may not transfer your rights or duties under these Terms. We may transfer ours to an affiliate, an operator or a successor of the project.
• Events outside our control. We are not responsible for delay or failure caused by events outside our reasonable control, including storms, natural disasters, government action, supply problems, labor disputes and failures of utilities or the internet.
• No third party rights. No other person has a right to enforce these Terms, except that the Released Parties may rely on sections 13 to 16.
• Survival. Sections 4, 8, 9, 13 to 18 continue after your participation ends.
• Translations. We may give you these Terms and the Privacy Policy in other languages for convenience. If a translation differs from the English version, the English version controls.
• Reading these Terms. These Terms are to be read as written, and are not to be read against us because we wrote them.
• Our name. THE SURR and our logos belong to us. You may use the name to tag, mention or follow us, but not to suggest that you speak for us.
• Ideas. If you send us an idea or suggestion, we may use it without payment or credit to you.
• Headings are for convenience.

19. Contact

To reach us about these Terms, the Benefits, to ask for a copy, to withdraw your name or post, or to give a notice, use the contact page or email info@surfthesurr.com. Please include the email address you used to join. If a disability makes any part of our website hard to use, tell us through the contact page and we will help you get the same information another way.