Cal Coast Adventures, LLC Release of Liability
the undersigned, have voluntarily rented and/or am partaking in a
lesson that may include some or all of the following equipment: a
road/mountain/hybrid/cruiser/electric bike, kayak, stand up paddle
board, surf board, boogie board, wet suit, paraglider, horse, and/or
chair/umbrella rental (hereinafter the "Equipment") from CAL COAST
ADVENTURES, LLC. I understand my use of the Equipment INVOLVES INHERENT
DANGERS THAT MAY RESULT IN SERIOUS INJURY OR DEATH TO ME AND OTHERS.
These dangers include but are not limited to: falls, loss of control,
collisions with natural and man-made objects including other watercraft
and their users, or other accidents. I understand unpredictable changes
in water conditions, including tides, currents, wave action, and wakes
that may have an effect on my use of the Equipment. I further
acknowledge that my deviation from any instructions of operation given
to me or described on the Equipment may increase the inherent risks
associated with the operation of the Equipment.
I understand and
agree the Equipment is provided to me "as is" that no warranty, express
or implied, has been made to me regarding the suitability of the
Equipment, or its condition.
As lawful consideration for being
permitted to rent and use the Equipment, I HEREBY DO, FOR MYSELF AND FOR
MY MINOR CHILDREN TO WHOM I AM THE PARENT, LEGAL GUARDIAN, OR OTHERWISE
RESPONSIBLE PERSON, AND FOR MY AND OUR HEIRS, PERSONAL REPRESENTATIVES
OR ASSIGNS, FULLY AND FOREVER RELEASE FROM ANY LEGAL LIABILITY AND AGREE
NOT TO SUE OR MAKE ANY CLAIM AGAINST CAL COAST ADVENTURES, LLC, its
owners, officers, directors, agents, and employees, for any and all
injuries, damages or death caused by or resulting from any participation
in an activity in which I use the Equipment whether such injury was
caused by the alleged negligence or fault of CAL COAST ADVENTURES, LLC
d/b/a SB FITNESS TOURS, its owners, officers, directors, agents or
I AGREE ON BEHALF OF MYSELF AND MY MINOR CHILDREN
FOR WHOM I AM THE PARENT, LEGAL GUARDIAN OR OTHERWISE RESPONSIBLE TO PAY
FOR ALL DAMAGES/ LOSS/ OR THEFT OF THE RENTAL EQUIPMENT DURING MY
RENTAL PERIOD OR WHILE IN MY POSSESSION.
I agree to pay all
costs, damage, and attorneys fees incurred by CAL COAST ADVENTURES, LLC,
its owners, officers, agents and employees as a result of any lawsuits,
claims, demands, or losses arising out of my or my minor childrens use
of the Equipment, regardless of who is at fault.
shall not apply to lawsuits, claims, demands or losses that are proven
to be the result of the intentional misconduct of CAL COAST ADVENTURES,
LLC, its owners, officers, agents, or employees.
By signing this
agreement, I acknowledge that I have received from CAL COAST ADVENTURES,
LLC, sufficient instructions on the safe use and operation of the
Equipment, that I understand those instructions, and that any and all
questions I had concerning the safe operation of the Equipment have been
answered fully to my satisfaction.
I AM AWARE THAT THIS CONTRACT IS LEGALLY BINDING
AND THAT I AM RELEASING LEGAL RIGHTS BY SIGNING IT. I HAVE HAD THE
BENEFIT OF OR WAIVED INDEPENDENT LEGAL REVIEW OF THIS AGREEMENT.
Select "No" if you're bringing your own helmet
Thu Jul 2, 2020