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SERVICES AGREEMENT

RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS AND INDEMNITY AGREEMENT


           This services agreement (“Agreement”) is entered into by and between Dive Outdoors, LLC, its directors, members, managers, officers, employees, instructors, agents, property owners, representatives, and independent contractors (“Dive Outdoors”) and the person(s) designated at the bottom of this Agreement.

RECITALS

1.    Dive Outdoors is a California limited liability company located at 1426 Eureka Way, Redding, California 96001, telephone (530) 241-1571;

2.    The designated renter desires to rent one of the following from Dive Outdoors: an eBike, a paddle board, an inflatable dock, or an inflatable trampoline or slide. And/or, the person designated desires to rent a guided boat experience.

3.    In order to rent the designated equipment above, the renter provides consideration as well as the following releases as provided in this Agreement.

4.    The equipment may not be used by a minor unless accompanied by an adult.

NOW THEREFORE, the parties hereto agree as follows:

CONSIDERATION

1.    The rental rates for the rental equipment is as follows:

a.    EBikes. The rental cost for a PACE eBike is Sixty Dollars ($60) per business day. The eBike must be returned to Dive Outdoors at 1426 Eureka Way, Redding, CA 96001 by 6 pm. Failure to return the eBike by said time, will result in the charge of an additional Sixty Dollars ($60). For every day, the eBike is not returned, an additional Sixty Dollars ($60) will be charged. I hereby authorize Dive Outdoors to charge the card I provide for payment for any late fee penalties.

b.    Paddle Boards. The rental cost for an inflatable Dive Outdoors paddle board rental is Thirty-Five Dollars ($35) for a 24-hour period. Please note that wearing life vests is mandatory. If renter does not own a life vest, a live vest rental is Ten Dollars ($10) for a 24-hour period.

c.     Guided Boat Rental. The rental cost for the guided boat (2023 Axis A24) is Nine Hundred Eight-Five Dollars ($985) for five (5) hours, Six Hundred Forty-Five Dollars ($645) for two-and-a-half (2.5) hours, and Two Hundred Sixty Dollars ($260) for one (1) hour.

d.    Inflatable Trampoline and/or Slide. The rental cost for the inflatable trampoline and/or slide is Two Hundred Dollars ($200) per day.

RELEASE

2.    This is a legally binding release, waiver, discharge and covenant not to sue, made voluntarily by me, the undersigned renter, on my own behalf, and on behalf of my heirs, executors, administrators, legal representatives, next of kin, and assigns (hereinafter “Renter”, which shall include Renter’s parents or guardian, if Renter is under 18 years of age) to Dive Outdoors. As the Renter, I fully recognize there are dangers and risks to which I may be exposed by renting and riding an eBike, paddling a paddle board, jumping on an inflatable trampoline and/or slide, or tubing behind or water skiing or wake boarding or wake surf boarding, or swimming while on a rented guided boat tour.  

ASSUMPTION OF RISK AND RELEASE AGREEMENT

3.    Assumption of Risk. I, Renter, understand and accept that renting the equipment in this Agreement and participating in outdoors activities associated with this equipment exposes me (and/or my child, if the Renter is a child under age 18) to many hazards that may entail unavoidable risk of death, personal injury (including but not limited to severe spinal or head injury) and loss of or damage to property. I fully understand that these risks and dangers may be caused by my own actions or inactions, the actions or inaction of others, the conditions or environment in which the eBike is placed, or the negligence of the Renter. In addition, there may be other risks and social and economic losses either known or unknown to me or not readily foreseeable at this time and I agree, covenant, and promise to accept and assume all responsibility and risk for injury, death, illness or disease, or damage to myself, my property, third parties, or their property , and or Dive Outdoor’s property, arising from my rental of the equipment. I also understand I (or my child) must be in good physical health to participate in outdoors activities associated with the equipment rental, and I confirm and warrant that I/my child have no significant health issues that prevent me (or my child) from participating in these outdoors activities. The rental of the equipment and/or guide boat experience is purely voluntary; no one is forcing me (or my child) to participate, and I elect to participate despite the risks.

4.    Waiver and Release. In consideration of Dive Outdoors renting me (or child) the equipment, I specifically release and forever discharge Dive Outdoors from any and all liability or claims for injury, illness (including, but not limited to contagious disease), death or loss of damage to property which I/my child may suffer while renting this equipment. This discharge specifically includes, but is not limited to, liability or claims for injury, illness, death or damage caused by the negligence of Dive Outdoors. It is my intent to release Dive Outdoors and hold it harmless from all liability for any such property loss or damage, personal injury or loss of life, whether caused by the negligence of Dive Outdoors or whether based upon breach of contract, breach of warranty, or any other legal theory. I further agree that if, despite this release and waiver of liability, assumption of risk, and indemnity agreement, I, or anyone on my behalf make a claim against Dive Outdoors, I will indemnify, save and hold harmless each of the named Dive Outdoors’ parties (and associated parties) from any litigation, attorneys fees, loss, liability, or cost which may incur as the result of such claim. In signing this Agreement, I fully recognize that if injury, illness, death or damage occurs to me (or my child) while I am engaged in renting this equipment, as a result of using the equipment, I will have no right to make a claim or file a lawsuit against Dive Outdoors, even if they or any of them negligently cause my injury/my child’s injury, illness, death or damage.

5.    California Civil Code Section 1542. California Civil Code Section 1542 provides as follows:

“A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or release party.”

The Renter, being aware of Civil Code Section 1542, hereby expressly waives any rights which I/my child may have under this law, as well as under any other statutes or common law principles of similar effect.

WARRANTIES BY RENTER

6.    In consideration for renting the equipment, I warrant the following and sign my initials acknowledging I have read the warnings and that I will abide by them:

I realize the importance of wearing a helmet. I (and/or my child) agree to wear a helmet at all times if renting and riding the rented eBike. 


  

I realize the importance of wearing a life jacket if using the inflatable trampoline and/or waterslide, as well as the paddle board. I (and/or my child) agree to wear a life jacket at all times when using this equipment. I also realize the importance of wearing a life jacket while on a guided boat tour (swimming, water skiing, wake surfing, wake surf boarding). 


I understand that the outdoor activities that utilize this rented equipment may result in severe injury, including but not limited to spinal or head injury. 


I understand that this activity may result in hazards posed by other bicycles and traffic or road conditions. 


I agree not to lend the eBike to others while it is in my (or my child’s) possession, and that if I were to do so, and that if they were to suffer a loss as a consequence, that that injury and the subsequent damages/litigation, etc. are my responsibility alone. 


I agree to use designated bicycle lanes if available. 


I understand my rental eBike may not have visibility enhancement equipment such as blinking lights. 


I understand that I may not ride or use the eBike, jump on the trampoline or use the slide, or paddle board, or tube, water ski, wake board, swim, or wake surf board if I (or my child) am under the influence of alcohol or drugs. 


MISCELLANEOUS

7.    Understanding this Agreement. My signature below indicates that I have read this Agreement and fully understood its terms, that I have given up substantial rights by signing it, and that I have signed this Agreement 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. I understand this is the entire Agreement between Dive Outdoors and myself and that it cannot be modified or changed in any way by the representation or statements of any employee or agent of DiveOutdoors or by me. If any portion of this Agreement is unenforceable, the remaining portions shall remain in full force and effect. All renters are subject to acceptance by Dive Outdoors. I accept that this Agreement shall be governed for all purposes by California law, and that venue shall be in Shasta County, California.

This Agreement is entered into by the Renter as of this date:

Date: July 30, 2025

First Participant's Name
First Name*
Last Name*
First Participant's Age Acknowledgment*
First Participant's Date of Birth*
Date of Birth
I certify that I am 18 years of age or older
First Participant's Signature*
Second Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Third Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Fourth Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Fifth Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Sixth Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Seventh Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Eighth Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Ninth Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Tenth Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Parent or Guardian's Email Address
Email*
Confirm Email*
Check to receive information, news, and discounts by e-mail.
Participant's Address
Address Line 1:*
Street address, P.O. box, company name, c/o
Address Line 2:
Apartment, suite, unit, building, floor, etc.
Country:*
City:*
State/Province:*
Zip/Postal:*
Parent(s) or Court-Appointed Legal Guardian(s) must sign for any participating minor (those under 18 years of age) and agree that they and the minor are subject to all the terms of this document, as set forth above.


By signing below the Parent or Court-Appointed Legal Guardian agrees that they are also subject to all the terms of this document, as set forth above.
Parent or Guardian's Name
First Name*
Last Name*
Phone*
Parent or Guardian's Age Acknowledgment*
Parent or Guardian's Date of Birth*
Date of Birth
I certify that I am 18 years of age or older
Parent or Guardian's Signature*
Electronic Signature Consent*
 By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.


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