Haleiwa Surf Shop LLC
It is the responsibility of the person or organization hiring Haleiwa Surf Shop LLC for the rental of Surfboards, Kayaks, Snorkel & Mask, SUP, beach activity equipment and soft play equipment to ensure that all possible precautions are taken to avoid injury to people or damage to the equipment. The renter desires to rent from Haleiwa Surf Shop LLC, equipment to be used by the renter, his/her guests, invitees or other individuals while in the renter’s possession. Renter understands that use of Surfboards, Kayaks, Snorkel & Mask, SUP, beach activity equipment and soft play equipment may, by its nature cause injury or harm to renter, his/her guests, invitees or other individuals. The renter does hereby freely, voluntarily, and without duress executes this release under the following terms: Please ensure that the following safety instructions are followed:
Risk Factors
I understand and acknowledge that the use of Haleiwa Surf Shop LLC for the rental of Surfboards, Kayaks, Snorkel & Mask, SUP, beach activity equipment and soft play equipment involves risks including, but not limited to the following: bodily injury including but not limited to permanent disability, paralysis, and death. These risks may result from a variety of circumstances including the misuse of equipment or facilities.
Assumption of Risk
I am choosing to use Haleiwa Surf Shop LLC for the rental of Surfboards, Kayaks, Snorkel & Mask, SUP, beach activity equipment and soft play equipment at my own
risk. I understand and acknowledge that the activities which I am or/and (any minor children for
which I am the Parent, legal guardian, or otherwise responsible, any heirs personal representative)
about to voluntarily engage in as a participant and/or volunteer bears certain known risks and
unanticipated risk could result in injury, death, illness or disease, physical or mental, or damage to
myself, or to spectators or third-parties. I assume full responsibility for all risks that may arise from
using the equipment of Haleiwa Surf Shop LLC.
Insurance
I, the renter understand that insurance for liability, health, and medical or disability coverage in any way related to the rental of equipment under this agreement is the sole responsibility of the renter. I understand that I, my heirs, my guest, my invitees, and other individuals are strongly encouraged to have a medical physical exam and purchase health insurance prior to use of the playground and soft play equipment.
Release, Indemnify, and Defend
I hereby release, waive, discharge, and hold harmless Haleiwa Surf Shop LLC and all employees past or present from any claims, suits, liabilities, judgments, costs and expenses for any property damage, loss or theft, personal injury or illness, death, or other loss arising from the use of Haleiwa Surf Shop LLC playground and soft play equipment.
Waiver
I hereby waive any protections afforded by any statute or law in any jurisdiction whose purpose and/or effect is to provide that a general release shall not extend to claims, material or otherwise which the person giving the release does not know or suspect to exist at the time of executing the release. I am releasing unknown future claims
Payment for Damages
I agree to pay for any and all damages to any equipment as a result of my, my guest, my invitees, my heirs, and other individuals willful actions, neglect, or recklessness and agree to be held liable for all such costs associated with such damages.
Representatives:
I enter into this agreement for myself as well as for my heirs, assigns, and legal representatives
Others:
I, the renter expressly agrees that this release is intended to be as broad and inclusive as permitted by laws of the state of Hawaii and that this release shall by governed and interpreted in accordance with the laws of the state of Hawaii. Renter agrees that in the event that any clause or provisions of this release shall not otherwise affect the remaining provisions of this release, which shall continue to be enforceable
Ocean Activity rentals:
All Ocean Activity rentals will require a Deposit due before rental, deposit depends on the equipment. In the case the surfboard is damaged upon the return of the rental. The renter will be charge from this deposit. Any ding over 1 inch in diameter minimum cost is $50 and up. In the case the equipment has been fully broken the renter will be charge full replacement cost. In the case the renter fails to return the equipment, renter will be charge the full replacement coat of the equipment on the credit card on file.
Cleaning Fee:
A $25 cleaning fee will be added to any equipment that is not returned clean and free of dirt, mud and sand.
Cancellations:
If you cancel your event with more than a 2 day notice prior to your event date, you will only forfeit your $25 non-refundable deposit portion however, your $25 refundable deposit as well as any other payments made shall be refunded. If you cancel your event with 7days or less notice of your event date you will forfeit both your $25 non-refundable deposit portion as well as your $25 refundable deposit portion, however all other payments shall be refunded. If YourCompanyName cancel your event you will be refunded all monies paid towards your event. Should you need to reschedule your event, you may do so at no additional cost up to 2 times with at least a 7 day notice prior to your event. Should you need to reschedule your event with less a 7 day notice or have exceeded your allowable 2 times, you will incur a $25 reschedule fee
Rental Agreement Surf, Dive & Play Rules SURF, Dive & PLAY AT YOUR OWN RISK
- Children must be supervised by adults at all times while using any of the play equipment.
- Please respect the locals.
- Don’t disturb the wildlife.
- Check with the Lifeguards before paddling out.
- When in dought, don’t go out.
- Wear lifejackets for all children.
- Please do not put stickers or mark up equipment.
- Return all equipment clean and free of sand, mud and dirt.
- Please don’t drop in on a wave if someone is on it.
- Please talk with your doctor before Surfing, Diving or heavy ocean activities if you are pregnant or have physical issues
The Renter/Client Understands that:
I am responsible for following the rules and safe procedures mentioned above by Haleiwa Surf Shop L.L.C. in order to protect the equipment and provide a safe environment for me, my heirs, my guests and any other individuals who will have access to Haleiwa Surf Shop LLC for the rental of Surfboards, Kayaks, Snorkel & Mask, SUP, beach activity equipment & soft play equipment while it’s in my possession.
I AGREE TO RELEASE, DEFEND, INDEMNIFY, NOT SUE AND HOLD HARMLESS Haleiwa Surf Shop L.L.C., their principals, officers, owners, employees, equipment manufacturers from any claims, damages, (including medical fees, attorney fees). Injuries (including disabilities, paralysis and death) and expenses arising out of or resulting from my voluntary attendance/participation at Haleiwa Surf Shop LLC.
If there is any damaged or stolen soft play equipment I will be charged at an appropriate amount, i.e. cost of repair or replacement.
I also acknowledge the risks involved in Haleiwa Surf Shop LLC playground and soft play equipment. These include but are not limited to any CHOCKING HAZARDS, FALLING, Drowning, Dismemberment, and Death while in use. I understand that I am participating voluntarily, and that all risks have been made clear to me. Additionally, I do not have any conditions that will increase my likelihood of experiencing injuries while engaging in this activity.
By signing below I forfeit all rights to bring a suit against Haleiwa Surf Shop L.L.C. AND AFFILIATES for any reason. In return I will also make every effort to obey safety precautions as listed in writing and explained to me verbally, in efforts to keep the YourCompanyName playground and soft play experience positive, I have read, heard, and understand safety rules and understand that I will ask for clarification when
needed.
I have read and fully understand this Assumption of Risk, Waiver, and Release from Liability and understand that it relates to surrendering and releasing valuable legal rights. I do so freely and voluntarily on behalf of myself and any minor child/children for which I am the parent, legal guardian, or otherwise responsible for