Island Surfboard Rentals — Rental 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 is an activity that involves the risk of injury or even death. I am aware that there is a risk of negligence by Island Surfboard Rentals (ISR) or its agents or assigns, including the failure by ISR or its agents or assigns to safeguard or protect me from or warn me of the risks, dangers and hazards of surfing. I freely accept and fully assume all risks, dangers and hazards associated with participating in an ISR surfing instruction class, rental or event and the possibility of loss, personal injury or death resulting there from.
In consideration of participating in an ISR surfing class, rental or event I hereby agree as follows:
1. To waive any and all claims that I have or may in the future have against ISR and to release ISR 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 ISR surfing instruction class, rental or event due to any cause whatsoever, including negligence, breach of contract or breach of any statutory or other duty of care, on the part of ISR, and further including the failure on the part of ISR to safeguard or protect me from or warn me of the risks, dangers and hazards of participating in an ISR surfing instruction class, rental or event;
2. To hold harmless and indemnify ISR from any and all liability for any property damage or personal injury to any third party resulting from my participation in an ISR surfing instruction class, rental or event;
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 Hawaii and no other jurisdiction;
5. Any litigation involving the parties to this Release Agreement shall be brought solely within the State of Hawaii;
6. When engaging in the rental or use of Island Surfboard 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 surfboard, I agree to pay a surfboard damage fee of $40./inch (maximum limit of liability for surfboard damage is $400). Should I lose, or severely damage a board, I agree to pay a replacement fee not to exceed $1250 per board.
7. 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 of perjury, that I am the parent or legal guardian of the named participant.
8. Reservations must be cancelled 48 hours or more prior to time of rental to avoid a late cancellation fee of $50 per reservation. In the case of a cancellation 3 hours or less before the time of rental a $90 cancellation fee will be charged.
9. In a case of cancellation or an early pick-up of your gear during your rental, a one full day charge will apply to your rental from the time you have contacted us regarding the change.
By signing below, I confirm that I have read, understood, and agree to the terms above.