RENTAL AGREEMENT

Rental Agreement

  • Rental Agreement for Waiver, Release, Indemnification & Assumption of Risks
    By your signature on this Waiver and Release of Liability Agreement, you indicate your acceptance of all terms and conditions below. 

Lovewater, LLC (the “Company”), has arranged for you to rent a surfboard(s), participate in a surfing class or participate in some other event.  All persons renting and/or using rented items, such as surfboards, participating in surfing classes or other events by the Company are required to sign and agree to the terms of this Waiver and Release of Liability Agreement prior to rental. 

IN CONSIDERATION of, and as an express condition to, your rental or use of a surfboard(s) from the Company, the undersigned hereby agrees to the following: 
    1.  The undersigned is aware that surfing is an activity that involves the risk of injury or even death.  The undersigned is aware that there is a risk of negligence by the Company or it's agents or assigns, including the failure by the Company or it's 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 a Company surfing instruction class, rental or event and the possibility of loss, personal injury or death resulting therefrom. These risks may include property damage, personal injury and death, which may result in part from turbulence, mechanical or equipment malfunctions, vehicular accidents, risk of drowning, water, reefs, rocks, serious lacerations or other accidents.  The undersigned, after careful consideration, expressly assumes these risks and agrees to release the Company and its affiliates, employees, members, associates, drivers and independent contractors from any and all liability associated with these risks.  
    
2.  The undersigned hereby holds harmless and indemnifies the Company and its agents and affiliates from any and all liability for any property damage or personal injury to any third party resulting from my participation in a Company surfing instruction class, rental or event.  
    3.  The undersigned hereby WAIVES AND RELEASES ANY AND ALL LAWSUITS, CLAIMS AND DEMANDS OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, PERSONAL INJURY, DEATH or OTHERWISE, WHETHER OR NOT IMMEDIATELY APPARENT, which the undersigned may, now and forever, have against the Company and its affiliates, employees, members, associates, drivers and independent contractors resulting, directly or indirectly, from the participation in a Company surfing instruction class, rental or event and all actions related thereto.
    4.  The undersigned hereby acknowledges that he/she is responsible for their own suitability to surf or participate in water sports and is hereby strongly encouraged to consult a physician prior to participation should they have any concerns such as, but not limited to, pregnancy or physical impairment; including but not limited to swimming ability in the Pacific Ocean.
    5.  Equipment Rental: When engaging in the rental or use of Company 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 a surfboard become lost or stolen, I agree to pay a restocking fee of $500 per surfboard. 
This Waiver and Release of Liability Agreement shall be governed and construed by the laws of the of California. Any litigation pertaining to this Waiver and Release of Liability Agreement shall be held exclusively in Santa Barbara, California with the prevailing party being entitled to collect reasonable attorney’s fees, costs, and expenses from the non-prevailing party. The undersigned voluntarily submits to the exclusive personal jurisdiction of the state and federal courts in Santa Barbara, California and waives any and all objections to the jurisdiction or proper forum of such courts. 

If any provision of this Waiver and Release of Liability Agreement shall be held unenforceable or void, it shall be severable from the remaining provisions and shall not affect their subsequent enforceability or validity.  
THE UNDERSIGNED HEREBY WAIVES RIGHTS TO A TRIAL BY JURY FROM ANY LITIGATION ARISING FROM OR RELATING TO THIS WAIVER AND RELEASE OF LIABILITY AGREEMENT. 

By signing below, the undersigned (or, if the undersigned is under the legal age of 18, the undersigned’s legal guardian) has read, considered and expressly agreed to all of the terms and conditions of this Waiver and Release of Liability Agreement as of the date written below.  This Waiver and Release of Liability 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.
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