I enter into this agreement for the purpose of renting a kayak(s) /sailboat(s) /surfboard(s) or paddleboard(s) from Harvey Cedars Marine, LLC.
RENTAL RULES: Rental rules apply upon departure from Harvey Cedars Marine LLC (HCM) with the above equipment and upon the return of same equipment to HCM. HCM reserves the right to terminate at any time any and all rentals if members of the party are operating equipment recklessly and/or in an unsafe manner that might cause harm to themselves or general public.
I Agree I enter into this agreement for the purpose of renting a kayak(s) /sailboat(s) /surfboard(s) or paddleboard(s) from HCM. I understand and acknowledge that the ocean and inland waterways are unpredictable and potentially hazardous which could result in injury to myself or damages to the rental equipment. I understand and acknowledge that I am physically able to participate in this activity, and I will wear a personal floatation device (PFD) while participating in this activity.
I Agree I understand and acknowledge that I am responsible for any and all damage or loss to any equipment rented, whether caused by me, the weather, the elements, or third parties.
I Agree I understand that the wind and tides are constantly changing. Monitoring both is the responsibility of the customer in regards to safety and rental time. Rescue or Tow in Fee is up to $75.
I Agree I understand the Rental Area Limits as given to me from HCM staff. Violations may result in $100 fine, termination of rental privileges, or both.
I Agree I understand and acknowledge that failure to return the rental equipment in the same condition it was rented, or failure to return the rental equipment at the time and date specified, will result in additional charges or loss of all or part of my security deposit.
I Agree I agree to not operate, nor will I allow anyone else to operate the above equipment while under the influence of drugs or alcohol or anything that impairs my judgement.
I Agree HCM is not responsible for damage to personal items including but not limited to any and all electronic devices. It is strongly advised NOT to bring any electronics that are not waterproof.
I Agree I hereby authorize Harvey Cedars Marine, LLC to make charges against the credit card presented by me in connection with this rental or used for purposes of my security deposit.
RELEASE AND WAIVER OF LIABILITY
I knowingly and willing agree to assume all risks associated with the use of the rental equipment including all serious bodily injury death. I agree to waive and release, on behalf of myself, my heirs, executors, successors and servants, Harvey Cedars Marine, L.L.C., its employees, agents, and representatives from any liabilities of any kind and all claims arising out of my control and use of the rental equipment. I further agree that I, my heirs, executors, and successors will NOT SUE any of the persons or entities mentioned herein, and agree to indemnify and hold harmless Harvey Cedars Marine, LLC, its employees, agents and servants from any and all claims arising out of the use of the rental equipment.
I hereby affirm that I am at least 18 years of age or older. I acknowledge that I have read this document and by signing this agreement, I agree to be legally bound by the terms continued in this document.
October 27, 2021