RENTAL AGREEMENT AND WAIVER OF LIABILITY
This waiver and Release of liability and Rental Agreement is intended to be a legally binding document. Read this waiver carefully and completely. You may wish to consult an attorney to obtain advice about this document. By your signature on this waiver and release of liability Agreement, you indicate your acceptance of all terms and conditions below.
4theoutdoors, or its subsidiaries and affiliates (“The company”) agrees to provide equipment for rental, demo, paddle board training or some other event, subject to the terms and conditions of this agreement.
This agreement shall commence on the rental date (“Effective Date”) and remain in full force and effect until equipment is returned to The Company.
All persons renting and/or using rented equipment, such as a paddle board, PFD, paddle or accessories, participating in lessons, demos, or tours or any other events by the Company are required to sign and agree to the terms of this Waiver and Release of Liability Agreement prior to use of Equipment. The Company shall at all times retain ownership and title to the Equipment.
IN CONSIDERATION of, and as an express condition to, rental or use of equipment from The Company, the undersigned hereby agrees to the following:
The undersigned is aware that water sports including paddle boarding is an activity that involves the risk of injury or even death. The undersigned is aware that there is a risk of negligence by the Company or its agents or assigns, including the failure by the Company or its agents or assigns to safeguard or protect me from or warn me of the risks, dangers and hazards of paddle boarding. The undersigned freely accept and fully assume all risks, dangers and hazards associated with participating in a Company paddle board instruction class, rental, demo, or event and the possibility of loss, personal injury or death resulting there from. These risks may include property damage, personal injury and death, which may result in part from turbulence, mechanical or equipment malfunctions, vehicular accidents, risk of drowning, water, reefs, rocks, serious lacerations or other accidents.
The undersigned, after careful consideration, expressly assumes these risks and agrees to release the Company and its affiliates, employees, members, associates, drivers and independent contractors from any and all liability associated with these risk
The undersigned hereby holds harmless and indemnifies the Company and its agents and affiliates from any and all liability for any property damage or personal injury to any third party resulting from my participation in a Company paddle board instruction class, rental or event.
The undersigned hereby WAIVES AND RELEASES ANY AND ALL LAWSUITS, CLAIMS AND DEMANDS OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, PERSONAL INJURY, DEATH or OTHERWISE, WHETHER OR NOT IMMEDIATELY APPARENT, which the undersigned may, now and forever, have against the Company and its affiliates, employees, members, associates, drivers and independent contractors resulting, directly or indirectly, from the participation in a Company surfing instruction class, rental or event and all actions related thereto.
The undersigned hereby acknowledges that he/she is responsible for their own suitability to paddle board or participate in watersports and is hereby strongly encouraged to consult a physician prior to participation should they have any concerns such as, but not limited to, pregnancy or physical impairment; including but not limited to swimming ability in various weather and water conditions.
The undersigned acknowledges that the Equipment has been examined and that it is in good condition except as otherwise specified above
When engaging in the rental or use of Company equipment, Renter agrees to accept all responsibility to maintain the condition, whereabouts, and control the usage of all the equipment well in their possession and to pay all repair and/or replacement costs for any damage or theft that may occur to equipment. Should damage to equipment occur, Renter agree to pay a damage fee to be determined upon return inspection. Should item become lost, stolen or damaged beyond repair, I agree to pay a restocking fee of $900 per inflatable paddle board (Alpine Explorer, YoFit, or Fish Stalker), $1000 for thermoSUP board (PaddleCraft or Rubicon), $1300 per performance paddle board (Zephyr or Bliss), $1000 for inflatable cottage dock, $300 for cooler, $300 for electric inflatable pump, $200 per paddle, and $100 for other accessories.
The undersigned agrees to return the equipment on the date specified above. If equipment is not returned on the said date Renter agrees that The Company has authorization to charge the credit card on file the then current daily rate until such time as equipment is returned and inspected for damage.
The Undersigned acknowledges that The Company has provided certain safety related equipment(if applicable) for use in conjunction with Equipment and that The Company has explained to the satisfaction of the undersigned the usage of said equipment.
This Waiver and Release of Liability Agreement shall be governed and construed by the laws of Ontario, Canada. The prevailing party is any litigation shall be entitled to collect reasonable attorney’s fees, costs, and expenses from the non-prevailing party. The undersigned voluntarily submits to the exclusive personal jurisdiction of the state and federal courts in Auburn, California and waives any and all objections to the jurisdiction or proper forum of such courts.
If any provision of this Waiver and Release of Liability Agreement shall be held unenforceable or void, it shall be severable from the remaining provisions and shall not affect their subsequent enforceability or validity.
THE UNDERSIGNED HEREBY WAIVES RIGHTS TO A TRIAL BY JURY FROM ANY LITIGATION ARISING FROM OR RELATING TO THIS WAIVER AND RELEASE OF LIABILITY AGREEMENT.
This Agreement represents the entire understanding relating to the subject matter hereof and prevails over any prior or contemporaneous, conflicting or additional communications. This Agreement can only be modified by a written amendment signed by the party against whom enforcement of such modification is sought.
By signing below, the undersigned (or, if the undersigned is under the legal age of 18, the undersigned’s legal guardian) has read, considered and expressly agreed to the terms and conditions of this Rental Agreement and Waiver and Release of Liability as of the date written below. This Waiver and Release of Liability Agreement shall be effective and binding upon the undersigned's heirs, next-of-kin, executors, administrators, assigns and representatives, in the event of the undersigned's death or incapacity.
Payment must be paid in full at signing of this agreement.