Better Surf Beach Rentals
Release Agreement Release of Liability, Waiver of Claims, Assumption of Risks and Indemnity Agreement
Please read this agreement carefully! By agreeing to this Release Agreement you will waive certain legal rights, including the right to sue. Assumption of Risk: I am aware that surfing/body boarding/swimming are activities that may involve the risk of injury or even death. I am aware that there is a risk of negligence by Better Surf Rentals(BSR)or its agents or assigns, including the failure by BSR or it's agents or assigns to safeguard or protect me from or warn me of the risks, dangers and hazards of surfing. 1) This Release Agreement shall be effective and binding upon my heirs, next-of-kin, executors, administrators, assigns and representa- tives, in the event of my death or incapacity;
2) 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; 3) Any litigation involving the parties to this Release Agreement shall be brought solely within the State of California; 4) When engaging in the rental or use of BSR equipment 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 surfboard or stand up paddle board (SUP), I agree to pay a damage fee not to exceed $200 per surfboard, $300 per SUP, $25 per body. Should I lose, or severely damage a surfboard or SUP, I agree to pay a replacement cost not to exceed $450. per surfboard, $900 per SUP or $50 bodyboard, $150 wetsuit 5) If I am not present during the delivery or return of my surfboard, I will be fully responsible for any loss, theft or damage to surfboard. 8) If the participant is a minor, the parent or legal guardian warrants and represents that this Release Agreement, its significance and the assumption of risk, has been explained to and understood by the minor child or ward. I hereby declare, under penalty or perjury, that I am the parent or legal guardian of the named participant. 9) Reservation cancelled within 24hrs rental start date will incur a Cancellation Fee of $25 per rental. 10). Cleaning Fee: Please wash all equipment with fresh water prior to returning. (There are showers at the main lifeguard station) Init A $5.00 per item cleaning fee will be charged for any equipment returned without cleaning. Showers and bathrooms located near main lifeguard station. Date Signed: February 5, 2025
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