STAND UP OUTFITTERS ACTIVITY WAIVER & RELEASE OF LIABILITY
READ BEFORE SIGNING
In consideration of being permitted to participate in any way in Stand Up Outfitters programs and events ("Activities") I, for myself, my personal representatives, assigns, heirs, and next of kin:
1. ACKNOWLEDGE, agree and represent that I understand the nature of paddle sports and related activities and that I am qualified, in good health, in proper physical condition to participate in such activity and willingly agree to comply with the stated and customary terms and conditions of participation. I further agree and warrant that if any time I believe conditions to be unsafe, I will immediately discontinue further participation in the Activity. If I decide to leave early and not complete the Activity as planned, I assume all risks inherent in my decision to leave.
2. FULLY UNDERSTAND that (a) Paddle sports and related activities involve risks and dangers of damage to personal property and serious bodily injury including permanent disability, paralysis and death ("RISKS"); (b) These RISKS and dangers may be caused by my own actions or inactions, the actions or inactions of others participating in the Activity, the condition in which the Activity takes place, of the negligence of the "RELEASEES" NAMED BELOW; (c) there may be OTHER RISKS and social and economic losses either known to me or not readily foreseeable at this time; and I FULLY ACCEPT AND ASSUME ALL SUCH RISKS AND RESPONSIBILITY FOR LOSSES, COSTS AND DAMAGES I incur as a result of my participation OR THAT OF A MINOR in the Activity.
3. HEREBY RELEASE, DISCHARGE AND COVENANT NOT TO SUE Stand Up Outfitters, owners, instructors, employees, other participants, manufacturers, and, if applicable, owners and/or lessors or premises on which the Activity takes place (each considered one of the "RELEASEES" herein) FROM ALL LIABILITY, CLAIMS, DEMANDS, LOSSES, INJURIES, DAMAGE TO PROPERTY, OR OTHER DAMAGES ON MY ACCOUNT CAUSED OR ALLEGED TO BE CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF THE "RELEASEES" OR OTHERWISE, INCLUDING NEGLIGENT RESCUE OPERATIONS; AND I FURTHER AGREE that if, despite this RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT I, or anyone on my behalf, makes a claim against any of the Releasees, I WILL INDEMNIFY, SAVE AND HOLD HARMLESS EACH OF THE RELEASEES from any litigation expenses, attorney fees, loss, liability, damage, or cost which may incur as the result of such claim.
I HAVE READ THIS AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT AND HAVE SIGNED IT FREELY AND WITHOUT ANY INDUCEMENT OR ASSURANCE OF ANY NATURE AND INTEND IT TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW AND AGREE THAT IF ANY PORTION OF THIS AGREEMENT IS HELD TO BE INVALID THE BALANCE, NOT WITHSTANDING, SHALL CONTINUE IN FULL FORCE AND EFFECT.
READ BEFORE SIGNING
Terms and Conditions of this Rental Agreement between LESSEE (including those in his/her party) and Stand Up Outfitters LLC, LESSOR), are stated as follows:
1. Each SUP Board rental includes board, paddle, leash and PFD
2. Early returns of rental craft by LESSEE due to weather conditions or any other issue will not result in a refund.
3. LESSEE accepts full responsibility for the care of the rental equipment (the Equipment) listed on this form and agrees to pay for any damage to the Equipment and replace at full retail value any Equipment not returned by the agreed date and time.
4. LESSEE authorizes LESSOR to charge the credit card indicated in the Rental Form for any damage to the Equipment and/or for the replacement at full retail value of any Equipment not returned by the agreed date and time. LESSEE certifies that he/she is an authorized user of the credit card and will not dispute the payment with the credit card company; so long as the transaction corresponds to the terms indicated in this form.
5. LESSEE agrees not to use, nor permit the use:
a. Of the rental craft for any unlawful purpose;
b. Of the rental craft in a careless or negligent manner.
6. LESSEE is of legal age (18 or older) and his/her signature represents compliance of all persons included in the rental party under this agreement. All minor children under the age of 18 must be accompanied by parent or legal guardian.
7. All paddlers agree to use the PFD provided with the rental craft, and there is to be only one paddler at a time on the board. No pets allowed on board.
8. It is agreed and understood by LESSEE that LESSOR shall not be held liable for damages, inconvenience or time lost caused by accident, breakdown or malfunction of the rental craft. LESSEE further agrees to indemnify and hold harmless the LESSOR from, and against any and all claims for loss of or damage to property or injury to persons (including death) resulting through the use, operation or possession of said rental craft. LESSEE further agrees to hold the LESSOR harmless should loss or damages occur to any of the LESSEEs personal property while carried in, or on, the rental craft, including loss or damage caused by fire, water, theft, or any other cause whatsoever.
9. LESSEE expressly agrees to indemnify and hold LESSOR harmless of, from, and against any and all loss, costs, damages, attorney fees and/or liability in connection with the enforcing of this Rental Agreement by LESSOR, including expenses incurred in collection or attempting to collect late fees, retrieval fees, and/or damages and in the event of suit by LESSOR to recover possession of said rented property and/or to enforce any of the terms, conditions and/or provisions hereof.
CAR-TOPPING DISCLAIMER AND AGREEMENT
I understand that it is my responsibility to ensure the safe and proper loading of my rental SUP Board on my vehicle.
I acknowledge that improper loading and attachment of my rental SUP Board may result in damage to my vehicle, vehicles around me, and the "Equipment".
I release Stand Up Outfitters LLC staff from all liability for any assistance provided in loading or securing rental equipment.