When the above is initialed, the Participant is renting equipment from the Company, and Section 1 applies. If this is not initialed, the Participant is bringing their equipment and is responsible for said equipment.
SUP Condition: The Participant has had the opportunity to inspect the Stand Up Paddleboard ("SUP"), which is free from defects or deficiencies. Acceptance or use of the SUP by the Participant is an acknowledgment that the equipment is in good operating condition.
Acknowledgment of Responsibility: The Participant acknowledges that they are responsible for the proper use and care of the rental equipment provided by the Company. The Participant agrees to use the equipment safely and appropriately per all instructions and guidelines provided by the Company.
Assumption of Risk: The Participant understands and accepts that renting a SUP and using SUPs exposes the Participant to many hazards and entails unavoidable risk of death, personal injury (including but not limited to drowning or bodily injury), and loss of or property damage. Participant understands that they should be in good physical health to use a SUP. Participant chooses to use a SUP despite the risks and assumes all risk of injury or loss of life to myself and loss of or damage to property arising from renting and using the SUP.
Liability for Damages or Loss: The Participant agrees to return the equipment in the same condition as it was received. The Participant shall be liable for any damages to or loss of the equipment during the rental period.
Waiver & Release: In consideration of the Company renting Participant the SUP, Participant specifically releases and forever discharges the Company and its officers all liability or claims for injury, illness, death, or loss of or damage to property which Participant may suffer while renting and using the SUP. This discharge specifically includes but is not limited to, liability or claim for injury, illness, death, or damage caused by the negligence of the Company or its officers, agents, or employees. Participant intends the Waiver & Release to release the Company and hold it harmless from all liability for any such property loss or damage, personal injury or loss of life, whether caused by the negligence of the Company or weathered based upon breach of contract, breach of warranty, or any other legal theory. By signing this document, Participant fully recognizes that if injury, illness, death, or damages occur while engaged in renting and/or using the SUP, Participant will have no right to make a claim or file a lawsuit against the Company or its officers, agent or employees, even if they or any of them negligently caused my injury, illness, death, or damage.