By agreeing to this waiver you will waive certain legal rights, including the right to sue. Please read this agreement carefully.
Assumption of Risk: I am fully aware of the risks and hazards inherent to the participation of Stand Up Paddle Boarding (SUP) and Kayaking. Such risks and hazards include, but are not limited to, being hit by or colliding with other Stand Up Paddlers, kayakers, boats, seagoing vessels, swimmers, rocks, cliffs and aquatic life. I am also aware of the risk of exhaustion, dehydration, water pollution, sun/heat exposure and accidental drowning. I further understand there is the possibility of death or serious physical or mental trauma or injury (ex. Paralysis) associated with SUP and Kayaking. I hereby voluntarily assume all risks of loss, damage, injury or death that may be sustained by me (or the person(s) I am legal guardian of, such as my child) and any damage to any of my property (or the person(s) I am legal guardian of, such as my child's property) while I am participating in Stand Up Paddle Boarding and Kayaking from The SUP Connection.
Fitness For Participation: I certify that I have (or the person(s) I am legal guardian of, such as my child) adequate insurance to cover any injury or damage I may (or the person(s) I am legal guardian of, such as my child) cause or suffer while participating in SUP, Kayaking or fitness, or else I agree to bear the costs of such injury or damage myself. I further declare that I am willing to assume the risk of any medical or physical condition I (or the person(s) I am legal guardian of, such as my child) may have, including, but not limited to: pregnancy, heart condition, back problems, loss of consciousness and/or epilepsy.
In respect of renting Stand Up Paddle Boards, Kayaks or taking Fitness Classes from The SUP Connection, I hereby agree to:
- To waive any and all claims that I have or may in the future have against The SUP Connection and to release The SUP Connection from any and all liability for any loss, damage, expense or injury, including death, that I may suffer or that my next of kin may suffer as a result of my participation in a The SUP Connection activity due to any cause whatsoever, including negligence, breach of contract or breach of any statutory or other duty of care, on the part of The SUP Connection, and further including the failure on the part of The SUP Connection to safeguard or protect me from or warn me of the risks, dangers and hazards of participating in a SUP Connection paddle board , kayak rental or physical activity;
- To hold harmless and assure The SUP Connection from any and all liability for any property damage or personal injury to any third party resulting from my participation in a The SUP Connection paddle board, kayak rental or physical activity;
- This Release Agreement shall be effective and binding upon my heirs, next of kin, executors, administrators, assigns, and representatives, in the event of my death or incapacity;
- This Release Agreement and any rights, duties and obligations as between the parties to this Release Agreement shall be governed by and interpreted solely in accordance with the laws of the State of California and no other jurisdiction;
- Any litigation involving the parties to this Release Agreement shall be brought solely within the State of California;
- When participating in the rental or use of The SUP Connection rental equipment or physical activity, I agree to accept all responsibility to maintain the condition and whereabouts of all the equipment rented for the entire rental period and to pay all repair and/or replacement costs for any damage or theft that may occur to equipment during the rental period. Should I damage a Stand Up Paddle Board or Kayak, I agree to pay a damage fee not to exceed $300.00 per board or kayak. Should I lose or damage a Stand Up Paddle Board beyond repair, I agree to pay a replacement fee not to exceed $750.00. Should I lose or severely damage a SUP paddle, I agree to pay a replacement fee not to exceed $75.00;
- If I am not present during the delivery or return of my Stand Up Paddle Board or Kayak, I will be fully responsible for any loss, theft or damage to the board or kayak;
- If the participant is a minor, the parent or legal guardian warrants and represents that this Release Agreement, it's significance and the assumption of risk, has been explained to and understood by the minor child or ward. I herby declare, under penalty or perjury, that I am the parent or legal guardian of the named participant.
I understand CA law requires a Personal Flotation Device (PFD) while on watercraft. I have received PFD from The SUP Connection and agree to keep on person at all times while participating in Stand Up Paddle Boarding or Kayaking.
Dated: November 22, 2019