In consideration of the services of LOCAL VIBE RENTALS LLC, their officers, agents, employees, and stockholders, and all other persons or entities associated with those businesses (hereinafter collectively referred to as “LOCAL VIBE RENTALS”), I agree as follows:
RELEASE AND WAIVER OF LIABILITY
I am aware that surfing activities are athletic events which pose potentially serious risks of injuries or death to their participants. I am aware of the intrinsic dangers of surfing activities. I understand that my equipment may be damaged, or I may be injured or die as a result of my negligence, the negligence of others, or through no fault of myself or anyone else, because of the nature of the activity in which I am going to be engaged. I also understand that surfing, even by the most well trained individuals, is often unpredictable and often difficult to control.
This waiver shall remain valid unless expressly revoked by the participant or parent or guardian of a minor, in writing, with receipt acknowledged by the LOCAL VIBE RENTALS.
With the knowledge of the foregoing, and as an inducement for the LOCAL VIBE RENTALS to allow me to rent from LOCAL VIBE RENTALS, I hereby agree to waive or release any and all rights that I or my heirs may have to make a claim against LOCAL VIBE RENTALS or any members of its Board of Directors, employees and other customers, or any landowners over whose land I traverse, arising from any damages, injury, or death which I might sustain or which might occur to any equipment I am using as a result of my usage of the rental equipment. I further agree to indemnify and hold harmless all of the foregoing from any claims which I might make or which might be made on my behalf by others or which might be made against me by others, arising from renting through LOCAL VIBE RENTALS. Furthermore, I agree to indemnify LOCAL VIBE RENTALS, its Board of Directors, members or employees, or any landowners, their families, employees or tenants, for any injury, death, loss, or damage to any personal property which might occur during any surfing activity, or social functions sponsored by LOCAL VIBE RENTALS or held in its behalf or for its benefit, when such injury, death, loss, or damage occurs on the property of a landowner.
ACKNOWLEDGMENT OF RISKS
Although LOCAL VIBE RENTALS has taken reasonable steps to facilitate the rental process and to provide me with appropriate equipment. LOCAL VIBE RENTALS has informed me that this activity is not without risk. Certain risks are inherent in each activity and cannot be eliminated without destroying the unique character of the activity. These inherent risks are some of the same elements that contribute to the unique character of this activity and can be the cause of loss or damage to my equipment, or accidental injury, illness or in extreme cases, permanent trauma or death. LOCAL VIBE RENTALS does not want to frighten me or reduce my enthusiasm for this activity, but believes it is important for me to know in advance what to expect and to be informed of the inherent risks. The following describes some, but not all, of those risks:
- Hazards, such as surface and subsurface ground conditions, adverse weather, and terrain;
- Collisions with other surfers, swimmers, or objects;
- Injury from equipment, personal property, or first aid not provided by LOCAL VIBE RENTALS;
- Falling or being ejected from a surf board;
- Hypothermia, sunstroke, sunburn, or other conditions resulting from exposure to the elements;
- Limitations in my physical condition;
- Encounters with wildlife; and
- Negligence of LOCAL VIBE RENTALS or its agents, officers, employees, or representatives.
I am aware that this activity entails risks of injury or death to any participant. I understand the description of these inherent risks is not complete and that other unknown or unanticipated inherent risks may result in injury or death. I agree to assume and accept full responsibility for the inherent risks identified herein and those inherent risks not specifically identified. My participation in this activity is purely voluntary, no one is forcing me to participate, and I elect to participate in spite of and with full knowledge of the inherent risks.
I acknowledge that engaging in this activity may require a degree of skill and knowledge different from other activities and that I have responsibilities as a participant. I acknowledge that the staff of LOCAL VIBE RENTALS has been available to more fully explain to me the nature and physical demands of this activity and the inherent risks, hazards, and dangers associated with this activity.
I acknowledge that LOCAL VIBE RENTALS shall not be liable for any criminal acts which may occur as a result of participating in this service. In the event that the rented equipment is lost or stolen the renter shall remain fully liable for the cost of replacement or repair.
I certify that I am fully capable of participating in this activity. Therefore, I assume and accept full responsibility for myself, including all minor children in my care, custody, and control, for bodily injury, death, or loss of personal property and expenses as a result of those inherent risks and dangers not specifically identified, and as a result of my negligence in participating in this activity.
I have carefully read, do clearly understand, and do hereby accept the terms and conditions stated herein and acknowledge that this agreement shall be effective and binding upon myself, my heirs, assigns, personal representatives, and for all members of my family, including minor children. I am not relying on any oral, written, or visual representations or statements made by LOCAL VIBE RENTALS, including those made in its brochures or promotional materials, to induce me to participate in this activity.
PERSONAL PROPERTY, INSURANCE
I agree that I am responsible for the security of my own personal property, including surf boards, other equipment, and any personal effects, and that the Released Parties cannot guaranty the security of my property. Should I leave any personal property in the custody of the Released Parties, I do so at my own risk. None of the Released Parties shall have any liability to me in the event of loss, damage, unauthorized use by any person or theft of any such property. I acknowledge that I need to purchase sufficient insurance to cover my own property, surf boards and other interests.
RELEASE AND WAIVER OF CLAIMS
On behalf of myself, my heirs, successors in interest, guardians, legal representatives, personal representatives and assigns, I HEREBY RELEASE AND FOREVER DISCHARGE THE RELEASED PARTIES, JOINTLY AND SEVERALLY, FROM ALL CLAIMS, ACTIONS, DEMANDS, RIGHTS, CAUSES OF ACTION AND LIABILITIES, IN LAW OR IN EQUITY, WHETHER MY OWN OR DERIVATIVE CLAIMS, BASED UPON ANY BODILY INJURY OR DISABILITY, ILLNESS OR DISEASE, DEATH, FINANCIAL LOSS, PROPERTY LOSS, DAMAGE DESTRUCTIONS OR OTHER HARM OF WHATEVER NATURE, WHETHER FORESEEN OR UNFORESEEN, THAT MAY BE SUFFERED OR SUSTAINED BY ME OR BY ANY OTHER PERSON AS A DIRECT OR INDIRECT CONSEQUENCE OF MY PARTICIPATIONS IN SURFING ACTIVITIES, WHETHER CAUSED BY THE NEGLIGENCE OF RELEASED PARTIES OR OTHERWISE, provided, however, nothing contained herein shall be deemed to release any Released Party from liability arising from their own willful or intentional injury to me or my property.
I agree that I will not permit any person other than the Released Parties to ride or handle my surf boards or any other rented equipment at the premises of a Released Party unless such person has the express permission of LOCAL VIBE RENTALS and has executed and delivered to her/him a signed copy of this Agreement. I agree that damage to the Released Parties that may arise from a breach of this Agreement may include, but shall not be limited to, liabilities and costs arising from claims that would have been released or waived had my invitee executed the required documents, and the costs and expenses of defending any such claims. I agree to INDEMNIFY, DEFEND AND HOLD HARMLESS each of the Released Parties from and against any and all such liabilities, costs and expenses. Further, I assume all risk of damage or injury to my invitees and INDEMNIFY the Released Parties against any claims for damages or injury suffered by my invitees.
By participating and transaction business with LOCAL VIBE RENTALS, I agree to the following concerning the rental process:
- LOCAL VIBE RENTALS shall be entitled to a $5 rental fee for each rental transaction of equipment which is facilitated through LOCAL VIBE RENTALS
- Upon rental from LOCAL VIBE RENTALS a $200 hold shall be placed on the credit card of the equipment renter to cover lost/stolen/damaged equipment. This hold shall be placed for a period of 14 days from the return date of any rented equipment.
- In the event that equipment which is rented through LOCAL VIBE RENTALS, is lost/stolen/damaged this $200 fee (“rental deposit”) shall be immediately charged to said credit card. The sole means for determining if equipment is lost/stolen/damaged shall be notification of LOCAL VIBE RENTALS by the equipment owner. LOCAL VIBE RENTALS shall be under no obligation to investigate or judge whether or not damage has occurred to any rented equipment.
- Equipment owner agrees and understands that LOCAL VIBE RENTALS cannot and does not guarantee the safe return of any equipment. Equipment owner shall be responsible for obtaining an estimate to repair or replace any damaged equipment from a reputable surf equipment distributor and in the event of lost, stolen or damaged equipment to directly communicate with the equipment renter to obtain full compensation for said equipment. LOCAL VIBE RENTALS is hereby released from any and all liability which may result from equipment which is lost, stolen, or otherwise damaged by any means. Owner of any rented equipment shall notify LOCAL VIBE RENTALS within 7 days of the scheduled return date of any equipment, of any loss, damage, or non-return of the rented equipment. If Owner does not notify LOCAL VIBE RENTALS and provide the required estimate the credit card hold shall be released at the expiration of the credit card hold period.
- Renter agrees and understands that upon receipt of an estimate to repair or replace any damaged equipment from the equipment owner shall be responsible for the estimated cost. The rental deposit shall be directly applied to the estimated cost and will be immediately turned over from LOCAL VIBE RENTALS to the equipment owner and an amount up to the credit card hold amount will be immediately charged to the credit card on file by LOCAL VIBE RENTALS.
- Equipment Owner and equipment renter agree that it is each of their responsibilities to arrange a safe place to exchange equipment. LOCAL VIBE RENTALS does not provide any facilities to physically exchange equipment. LOCAL VIBE RENTALS implores equipment owner and the equipment renter to mutually agree on a safe public place in which to exchange any equipment which is rented through LOCAL VIBE RENTALS.
The terms of this Agreement shall be governed by and interpreted according to the laws of the State of New Jersey, the courts of which shall have exclusive jurisdiction over any matter arising hereunder. I further understand that the terms of this Agreement mean that I am waiving certain important rights that I might otherwise have under the law. I agree that this Agreement is intended to be as broad and inclusive as is permitted by New Jersey law. If any portions of this Agreement are determined to be invalid, illegal or unenforceable, the remaining terms of this Agreement shall not be affected or impaired in any way and shall continue in full force and effect.
REPRESENTATIONS AND WARRANTIES
I hereby warrant that:
- I HAVE VOLUNTARILY EXECUTED THIS AGREEMENT OF MY OWN FREE WILL, WITHOUT DURESS OR PRESSURE FROM ANY PERSON. I AM OVER THE AGE OF 18.
- I UNDERSTAND AND ACKNOWLEDGE THAT BY SIGNING THIS AGREEMENT I AM GIVING UP CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO RECOVER DAMAGES IN THE EVENT OF INJURY, DEATH OR PROPERTY DAMAGE. I UNDERSTAND THAT THIS DOCUMENT IS A PROMISE NOT TO SUE AND A RELEASE OF AND INDEMNIFICATION OF ALL CLAIMS.
- I HAVE READ THIS AGREEMENT CAREFULLY, AND FULLY UNDERSTAND ALL OF ITS TERMS AND CONDITIONS. MY SIGNATURE BELOW ACKNOWLEDGES THAT I HAVE HAD THE OPPORTUNITY TO CAREFULLY READ THE ENTIRE AGREEMENT AND TO HAVE MY QUESTIONS ANSWERED TO MY SATISFACTION.