INFLATABLE STAND UP PADDLE BOARD, ASSUMPTION OF RISK, RELEASE OF LIABILITY & INDEMNIFICATION AGREEMENT
PLEASE READ CAREFULLY BEFORE SIGNING. THIS IS A RELEASE OF LIABILITY & WAIVER OF LEGAL RIGHTS.
1. Definitions. The person who is participating in stand-up paddle boarding shall be referred to hereinafter as “Participant”. The “Undersigned” means the Participant, his or her heirs or assigns, when the Participant is age 18 or older OR it means the Participant and the Participant’s parent(s) or legal guardian, or the minor’s heirs or assigns when the Participant is under the age of 18. “Released Parties” mean Daftduk Ltd or any of its respective successors in interest, affiliated organizations and companies, insurance carriers, agents, employees, representatives, assignees, officers, directors, members, and shareholders.
2. Risks of Activity. The Undersigned agree and understand that taking part in the Activity can be HAZARDOUS AND INVOLVES THE RISK OF PHYSICAL INJURY AND/OR DEATH. The Undersigned acknowledge that the Activity is inherently dangerous and fully realize the dangers of participating in the Activity. The risks and dangers of the Activity include, but are not limited to: changing weather conditions, changing water levels, undertows, changing water conditions, cold water immersion, hidden underwater obstacles, trees or other above water obstacles, changing and unpredictable currents, drowning, exposure, swimming, overturning, improper use of equipment, carrying boards and other equipment, entrapment of feet or other body parts under rocks or other objects or with equipment, equipment failure, dehydration, sunburn, not being familiar with the waterway and forecasted water and weather conditions, high water, high wind, rapids, other watercraft, docks, pilings or any other obstacles, other participants, instructor/guide’s directions, wildlife, marine life, transport to and from the Activity, hiking, and mental and physical distress.
THE UNDERSIGNED ACKNOWLEDGE AND UNDERSTAND THAT THE DESCRIPTION OF THE RISKS LISTED ABOVE IS NOT COMPLETE AND THAT PARTICIPATING IN THE ACTIVITY MAY BE DANGEROUS AND MAY INCLUDE OTHER RISKS.
3. Release, Indemnification, and Assumption of Risk. In consideration of the Participant being permitted to participate in the Activity, the Undersigned agree as follows:
(a) Release. THE UNDERSIGNED HEREBY IRREVOCABLY AND UNCONDITIONALLY RELEASE, FOREVER DISCHARGE, AND AGREE NOT TO SUE OR BRING ANY OTHER LEGAL ACTION AGAINST THE RELEASED PARTIES with respect to any and all claims and causes of action of any nature whether currently known or unknown, which the Undersigned, or any of them, have or which could be asserted on behalf of the Undersigned in connection with the Participant’s participation in the Activity, including, but not limited to claims of negligence, product defect, breach of warranty, and/or breach of contract.
(b) Indemnification. The Undersigned hereby agree to indemnify, defend and hold harmless the Released Parties from and against any and all liability, cost, expense or damage of any kind or nature whatsoever and from any suits, claims or demands, including attorney fees, legal fees and expenses whether or not in litigation, arising out of, or related to, Participant’s participation in the Activity. Such obligation on the part of the Undersigned shall survive the period of the Participant’s participation in the Activity.
(c) Assumption of Risk. The Undersigned agree and understand that there are dangers and risks associated with the participation in the Activity and that INJURIES AND/OR DEATH may result from participating in the Activity, including, but not limited to the acts, omissions, representations, carelessness, and negligence of the Released Parties. By signing this document, the Undersigned recognize that property loss, injury and death are all possible while participating in the Activity.
RECOGNIZING THE RISKS AND DANGERS, THE UNDERSIGNED UNDERSTAND THE NATURE OF THE ACTIVITY AND VOLUNTARILY CHOOSE FOR PARTICIPANT TO PARTICIPATE IN AND EXPRESSLY ASSUME ALL RISKS AND DANGERS OF THE PARTICIPATION IN THE ACTIVITY, WHETHER OR NOT DESCRIBED ABOVE, KNOWN OR UNKNOWN, INHERENT, OR OTHERWISE.
4. Minor Acknowledgment. In the case of a minor Participant, the Undersigned parent or legal guardian acknowledges that he/she is not only signing this Agreement on his/her behalf, but that he/she is also signing on behalf of the minor and that the minor shall be bound by all the terms of this Agreement. Additionally, by signing this Agreement as the parent or legal guardian of a minor, the parent or legal guardian understands that he/she is also waiving rights on behalf of the minor that the minor otherwise may have. The Undersigned parent or legal guardian agrees that, but for the foregoing, the minor would not be permitted to participate in the Activity. By signing this Agreement without a parent or legal guardian’s signature, Participant, under penalty of fraud, represents that he/she is at least 18 years of age. If signing as the parent or guardian of a minor Participant, signing adults represent that they are a legal parent or guardian of the minor Participant.
5. Acceptance of Equipment. Undersigned accept for use as is the ISUP equipment rented from the Released Parties, and accept full financial responsibility for the care of the equipment during the rental period. Undersigned will be responsible for the replacement at full replacement value of any equipment rented, but not returned to the DAFTDUK LTD. Undersigned agree to return all rental equipment by the agreed date.
I HAVE CAREFULLY READ THE FOREGOING ASSUMPTION OF RISK, RELEASE OF LIABILITY & INDEMNIFICATION AGREEMENT AND UNDERSTAND ITS CONTENTS. I AM AWARE THAT I AM RELEASING LEGAL RIGHTS THAT OTHERWISE MAY EXIST.
A. General Bookings
The participant must be able to swim and be confident in the water
The participant must wear a buoyancy aid.
Any participant under the age of 18 years must be always accompanied by an adult when on the water.
Always notify/make someone aware of where and when you intend to venture into the water.
We recommend participants carry a mobile phone or a device with a GPS locater for emergency situations.
Please click on the RNLI link for more information regarding water safety.
B. Loss Or Damage
The participant will be responsible for any loss or damage to the ISUP board and accessories.
Should the equipment be lost or damaged beyond reasonable repair or stolen the participant will be liable for replacement costs listed below:
· Paddleboard - £250.00
· Manual Pump - £30.00
· Paddle - £30.00
· Fin - £20.00
· Ankle Strap - £20.00
· Carry Bag - £35.00
In the event of equipment malfunction or failure becoming apparent during the period of hire, the participant will immediately notify Daftduk Ltd and arrange the return of the equipment.
The participant shall not attempt to make any repairs to the Equipment without prior consent of the Hirer.
Any parts which may require replacement during the Hire Term shall be replaced free of charge by Daftduk Ltd provided that such replacement is necessitated by nothing more than normal wear and tear. Additional damage may result in the participant being charged for the cost of replacement parts and associated labour.
C. Delivery and Collection
All equipment is to be collected and returned to the stated address.
A £100 deposit is required when taking out a hire agreement.
The deposit will be returned within 24hours after the return of the hired items
At the end of the Hire Term, on the agreed return date and time the Customer shall ensure that all the equipment is cleaned and dried and packed in the bag.
The participant will incur late returns fees of £15.00 per hour past the agreed return time.
There are no refunds on early returns.
D. Use and Care of the Equipment
The participant may only use the Equipment for the normal purpose for which it is intended.
All Equipment must be used in accordance with any and all operation and safety instructions or similar documentation provided.
The participant may not make any alterations or adjustments to the Equipment beyond those that would be considered reasonable for normal use of the Equipment within the range of possible adjustments specific to a given item.
The participant shall always treat the Equipment with a reasonable level of care.