South Pacific Surf Waiver and Release of Liability Rental Agreement

Notice: Use of any rental equipment requires a completed liability release waiver by all parties.
Sign it now, and get out there even faster!

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/stand up paddling/boogeyboarding/bicylcing is an activity that involves the risk of injury or even death. I am aware that there is a risk of negligence by South Pacific Surf LLC (SPS LLC) or it's agents or assignees, including the failure by SPS LLC or its agents or assignees to safeguard or protect me from or warn me of the risks, dangers and hazards of participating in these activities. I freely accept and fully assume all risks, dangers and hazards associated with participating and the rental or activity and the possibility of loss, personal injury or death resulting therefrom.

In consideration of participating in an SPS LLC rental or activity I hereby agree as follows:

1) To waive any and all claims that I have or may in the future have against SPS LLC and to release SPS LLC 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 an SPS LLC rental or 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 SPS LLC, and further including the failure on the part of SPS LLC to safeguard or protect me from or warn me of the risks, dangers and hazards of participating in an SPS LLC rental or activity;

2) To hold harmless and indemnify SPS LLC from any and all liability for any property damage or personal injury to any third party resulting from my participation in an SPS LLC rental or activity;

3) 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;

4) 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;

5) Any litigation involving the parties to this Release Agreement shall be brought solely within the State of California;

6) When engaging in the rental or use of South Pacific Surf Rentals 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 beach cruiser, surfboard or stand up paddle board (SUP), I agree to pay a damage fee not to exceed $200 per bike, $200 per surfboard, or $300. per SUP. Should I lose, or severely damage a bike, surfboard or SUP, I agree to pay a replacement fee not to exceed $400 per bike, $650 per surfboard, or $900 per SUP.

7) If I am not present during the delivery or return of my equipment, I will be be fully responsible for any loss, theft or damage to equipment.

8) 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 hereby declare, under penalty or perjury, that I am the parent or legal guardian of the named participant.

9) Reservation cancelled within 3 days of rental start date will incur a Late Cancellation Fee of $25. per piece of equipment.

10) By clicking the submit button you agree to the terms in the waiver
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