Island Surf and Sport, inc.
EQUIPMENT RENTAL AGREEMENT, RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS AND INDEMNITY AGREEMENT BY SIGNING THIS DOCUMENT YOU WILL WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE. PLEASE READ CAREFULLY!
TO: Island Camps, Island Surf and Sport, Inc., God’s Grace & Mercy, Inc., and Island Water Sports of Deerfield Beach, Inc., and their respective successors in interest, affiliated organizations and companies, subsidiaries, insurance carriers, agents, employees, representatives, assignees, officers, directors, members, shareholders, owners, directors, officers, employees, guides, agents, representatives, independent contractors, subcontractors, suppliers, sponsors, successors and assigns (all of whom are hereinafter collectively referred to as the Releasees).
DEFINITION: In this Agreement, the term Equipment Rental shall include all activities, events or services provided, arranged, organized, conducted, sponsored or authorized by the Releasees and shall include, but is not limited to: bike rental, surfboard rental, bodyboard rental, skateboard rental, skimboard rental, paddleboard rental, travel, lessons, clinics, camps, transport and accommodation, and other such activities, events, services in any way connected with or related to the rental of equipment from Island Camps, Island Surf and Sport, Inc., God’s Grace & Mercy, Inc., and Island Water Sports of Deerfield Beach, Inc.
IF YOU ARE UNDER 18, A PARENT OR LEGAL GUARDIAN MUST COMPLETE THIS FOR YOU. (NOTICE TO THE MINOR participant'S NATURAL GUARDIAN: READ THIS FORM COMPLETELY AND CAREFULLY. YOU ARE AGREEING TO LET YOUR MINOR participant ENGAGE IN A POTENTIALLY DANGEROUS ACTIVITY. YOU ARE AGREEING THAT, EVEN IF THE RELEASED PARTIES AS DEFINED HEREIN USE REASONABLE CARE IN PROVIDING THIS ACTIVITY, THERE IS A CHANCE YOUR participant MAY BE SERIOUSLY INJURED OR KILLED BY PARTICIPATING IN THIS ACTIVITY BECAUSE THERE ARE CERTAIN DANGERS INHERENT IN THE ACTIVITY WHICH CANNOT BE AVOIDED OR ELIMINATED. BY SIGNING THIS FORM YOU ARE GIVING UP YOUR participant'S RIGHT AND YOUR RIGHT TO RECOVER FROM RELEASED PARTIES IN A LAWSUIT FOR ANY PERSONAL INJURY, INCLUDING DEATH, TO YOUR participant OR ANY PROPERTY DAMAGE THAT RESULTS FROM THE RISKS THAT ARE A NATURAL PART OF THE ACTIVITY. YOU HAVE THE RIGHT TO REFUSE TO SIGN THIS FORM, AND RELEASED PARTIES HAVE THE RIGHT TO REFUSE TO LET YOUR participant PARTICIPATE IF YOU DO NOT SIGN THIS FORM.)
Definitions: The “Equipment” means the equipment listed above and any of its components. The person who is renting and/or using the above listed Equipment, or participating in any activity sponsored or offered by Released Parties shall be referred to as “Participant.” The “Undersigned” means only the Participant when the Participant is age 18 or older OR it means both the Participant and the Participant’s parent or legal guardian when the Participant is under the age of 18. “Released Parties” mean Island Surf and Sport, Inc., God’s Grace & Mercy, Inc., and Island Water Sports of Deerfield Beach, Inc., and their respective successors in interest, affiliated organizations and companies, subsidiaries, insurance carriers, agents, employees, representatives, assignees, officers, directors, members, and shareholders. The “Activity” means renting and/or using the above listed Equipment, or participating in any activity sponsored or offered by Released Parties.
Equipment Use and Damage: The Equipment is rented “as is” and with no warranties, express or implied. The Undersigned accepts full responsibility for the care of the equipment during the rental period. Undersigned agrees to pay for any damage that occurs to the Equipment and/or the replacement at full retail value of the Equipment regardless of the circumstances under which such damage may occur. Undersigned agrees to pay for the replacement at full retail value of the Equipment for Equipment not returned to Released Parties. Undersigned also agrees to pay for any lost rental income for the period of time the Equipment is out of service due to damage for which Undersigned is responsible. Undersigned agrees to pay for any costs incurred in retrieval of Equipment if abandoned. Undersigned agrees to pay all costs, including reasonable attorney’s fees, incurred by Released Parties to collect any sums due or to enforce any terms of this agreement. Undersigned agrees to pay interest of 18% per annum on all sums owed to Released Parties. The Undersigned agrees that Released Parties are authorized and shall have the right to charge the Undersigned’s credit card for any sums owed. Improper use of the Equipment, as determined solely by Released Parties, shall result in the immediate confiscation of the Equipment. There shall be no refund of any monies paid in the event of such confiscation and any deposit shall be forfeited. All monies paid for the rental of the Equipment are non-refundable. Undersigned acknowledges that the Participant has read and understands the rules for the use of the Equipment. I accept full responsibility for the equipment rented (the Equipment) and hereby agree to pay for any damage to the Equipment and replace the Equipment at full retail value if not returned by the agreed date or if the Equipment is damaged by any reason and agree to report any problems, mechanical or otherwise, upon returning the equipment.