RENTAL AGREEMENT AND INDEMNIFICATION I recognize and acknowledge that engaging in this activity involves various risks, including but not limited to: - Environmental Conditions:Variability in water flow, tides, currents, wave actions, and the impact of ships' wakes and traffic.
- Collisions: Potential impact with other participants, parts of the watercraft, other watercraft, and both man-made and natural obstacles, such as sandbars.
- Weather and Climate Variabilities: Challenges related to wind shear, inclement weather, lightning, and extremes of wind, weather, and temperature.
- Personal Ability: My physical coordination, balance, capability to operate equipment, swim, and follow directions.
- Watercraft Hazards: Risks of collision, capsizing, sinking leading to potential wetness, injury, hypothermia, or drowning.
- Embarkation and Disembarkation:Difficulties in getting in and out of the craft on and off the vehicle.
- Transit: Risks associated with travel to and from the activity location.
- Natural Elements: Encounters with insects, sand, and marine life.
- Equipment and Operation:The possibility of equipment failure or operator error.
- Health-Related Issues: Risks of sunburn, sunstroke, dehydration, fatigue, chill, and dizziness that may impair reaction times and increase accident risk.
I am fully aware that this list does not encompass all possible risks associated with the activity and that unforeseen or unanticipated risks may lead to injury, illness, or death. Express Assumption of Risk and Responsibility I voluntarily agree to bear all responsibility for the risks, both identified and not specifically named here, of participating in the activity. I assert that my participation is voluntary, and I am physically fit, not under the influence of any substances, and adequately prepared to engage in this activity. I take full responsibility for any injury, illness, death, or loss to personal property that I or my minor dependents may suffer as a result of participation, including all related expenses. Covenant of Good Faith I understand and accept that the service provider operates with a covenant of good faith and fair dealing. I acknowledge that the activity may be terminated or participation may be refused or terminated if it is judged that a participant cannot meet the activity's requirements for safety or other reasons. Medical Authorization In the event of an injury, I authorize all necessary medical treatments and agree to bear the costs of rescue and medical services if required. I understand that any photographs or videos taken during the activity may be used for promotional or commercial purposes by the service provider. Release of Liability In exchange for the services or property provided, I release Urban Surf Company, its employees, volunteers, and all associated entities from any liability for damage or injury to myself or others, or to our properties, resulting from my participation in the activity. This includes any negligence by any party, including the activity provider and other participants. I relinquish all claims against all individuals and entities involved, acknowledging this release for myself, my heirs, and assigns. This agreement is made with full understanding of its implications, including the relinquishment of certain legal rights.
Waist Belt (PFD) Life-Jackets are for Paddle Boarders who can swim aged 16+. Lesseeās who discharge the Waist Belt PFD Life-Jackets in a non-emergency situation are charged a $50 refill fee per Waist Belt (PFD) Life-Jackets. Paddlers are required by law to wear a life jacket, also known as a personal flotation device (PFD), at all times when on the water. Urban Surf shall not be held liable for any fines, penalties, or citations issued by law enforcement or coast guard authorities. Late returns over 1 hour without notification will initiate a Search & Rescue by Urban Surf and Call to Windsor Police Marine Unit
Any damaged or lost equipment will be charged to the lessee at full retail price. (Per Paddle = $100) (Per Paddle Board & Kayak = Up to $2,500) I acknowledge a strict zero-tolerance policy for alcohol use, confirm I am not under its influence, and understand that alcohol consumption or possession on the property or while using equipment is prohibited, with violations leading to immediate removal. I Agree
I have thoroughly reviewed and understand the Acknowledgment of Risks, Assumption of Risk and Responsibility, and Release of Liability sections of this document. By affixing my signature below, I am knowingly and voluntarily indicating my intention to relinquish significant legal rights. This includes waiving any claims I currently hold or may hold in the future against the property owner, the operator mentioned herein, and their employees, agents, and representatives. Additionally, I accept full financial responsibility for any costs arising from damage to, loss of, or misuse of equipment, as well as any fees incurred from late returns of said equipment. Date: November 14, 2024 |