RELEASE OF LIABILITY—READ BEFORE SIGNING
Renter agrees to rent from PADDLE SPORTS OF SANTA BARBARA LLC the equipment listed on the back of this document, subject to the following Conditions and rules of Operation:
1. Renter must know how to swim and must be capable of swimming. Good general health is also required.
2. Renter must wear a U.S.C.G. approved personal flotation device (PFD) whenever using any watercraft rented under this agreement and must follow all instructions given by PADDLE SPORTS OF SANTA BARBARA LLC personnel.
3. Renter will not ride waves or enter or exit the surf zones within 50 feet of other people. This could be dangerous to you as well as to others. Helmets are required any time kayaks are used for surfing. Ask about our surfing instructional courses.
4. Renter will not use the watercraft until a demonstration of equipment use and self-rescue is given and understood.
5. Renter is aware that offshore winds (winds that blow from shore out to sea) and fog are potentially dangerous. Renter is advised to return immediately to shore if these conditions arise.
6. Renter will not consume alcoholic beverages and/or illegal or controlled substances before or during the use of watercraft.
7. When paddling in the Santa Barbara Harbor, renter shall follow the “Rules of the Road” and stay clear of all boats underway and stay to the sides of the main harbor channel.
8. Renter will stay clear of fishing lines and be aware of obstacles both above and below the water.
9. Renter’s valid credit card is required at time of rental as a security deposit. This will help defray costs arising from damage to or loss of the equipment, adjustments in the rental period, or other costs directly or indirectly attributable to neglect, negligence, equipment misuse, or breaking of contract by the Renter. Rental costs in excess of the initial amount are the responsibility of the Renter and are due and payable upon demand. If the equipment is stolen while in the Renter’s possession, Renter will reimburse PADDLE SPORTS OF SANTA BARBARA LLC at the equipment’s fair market value as determined by PADDLE SPORTS OF SANTA BARBARA LLC.
10. A $10.00 Cleaning fee will be charged for each piece of gear with excessive tar on it.
In consideration of being allowed to participate in any way in the Paddle Sports of Santa Barbara L.L.C. program, its related events and activities, I,________________________________, the undersigned. Acknowledge, appreciate, and agree that:
1. The risk of injury from the activities involved in this program is significant, including the potential for permanent paralysis and death, and while particular skills, equipment, and personal discipline may reduce this risk, the risk of serious injury does exist; and,
2. I KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, both known and unknown, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASEES or others, and assume full responsibility for my participation; and,
3. I willingly agree to comply with the stated and customary terms and conditions for participation. If, however, I observe any unusual significant hazard during my presence or participation, I will remove myself from participation and bring such to the attention of the company immediately; and,
4. I, for myself and on behalf of my heirs, assigns, personal representatives, and next of kin, HEREBY RELEASE, INDEMNIFY, AND HOLD HARMLESS Paddle Sports of Santa Barbara L.L.C. and the City of Santa Barbara, their officers, officials, agents and/or employees, other participants, sponsoring agencies, sponsors, advertisers, and if applicable, owners and lessors of premises used for the activity (“Releasees”), WITH RESPECT TO ANY AND ALL INJURY, DISABILITY, DEATH, or loss or damage to person or property associated with my presence or participation, WHETHER ARISING FROM THE NEGLIGENCE FROM THE RELEASEES OR OTHERWISE , to the fullest extent permitted by law.
I HAVE READ THIS RELEASE OF LIABILITY AND ASSUMTION OF RISK AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.
X_____________________________________ Age:_________ Date Signed:________________
PARTICIPANT’S SIGNATURE
(UNDER AGE 18 AT TIME OF REGISTRATION)
this is to certify that I, as parent /guardian with legal responsibility for this participant, do consent and agree to his/her release as provided above of all the Releasees, and, for myself, my child and our heirs, assigns, and next of kin, I release and agree to indemnify and hold harmless the Releasees from any and all liabilities incident to my minor child’s involvement or participation in these programs as provided above, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASEES, to the fullest extent permitted by law.
X______________________________ ____________________________ Date Signed____________
PARENT/GAURDIAN’S SIGNATURE (Print Name)