Parent/Guardian Information (If Any Participant Is Under 18)

Emergency Contact Info

Island Surf and Sport, inc.

Activity Waiver

EQUIPMENT RENTAL AGREEMENT, RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS AND INDEMNITY AGREEMENT BY SIGNING THIS DOCUMENT YOU WILL WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE. PLEASE READ CAREFULLY!

TO: Island Camps, Island Surf and Sport, Inc., God’s Grace & Mercy, Inc., and Island Water Sports of Deerfield Beach, Inc., and their respective successors in interest, affiliated organizations and companies, subsidiaries, insurance carriers, agents, employees, representatives, assignees, officers, directors, members, shareholders, owners, directors, officers, employees, guides, agents, representatives, independent contractors, subcontractors, suppliers, sponsors, successors and assigns (all of whom are hereinafter collectively referred to as the Releasees).

DEFINITION: In this Agreement, the term Equipment Rental shall include all activities, events or services provided, arranged, organized, conducted, sponsored or authorized by the Releasees and shall include, but is not limited to: bike rental, surfboard rental, bodyboard rental, skateboard rental, skimboard rental, paddleboard rental, travel, lessons, clinics, camps, transport and accommodation, and other such activities, events, services in any way connected with or related to the rental of equipment from Island Camps, Island Surf and Sport, Inc., God’s Grace & Mercy, Inc., and Island Water Sports of Deerfield Beach, Inc.

IF YOU ARE UNDER 18, A PARENT OR LEGAL GUARDIAN MUST COMPLETE THIS FOR YOU. (NOTICE TO THE MINOR participant'S NATURAL GUARDIAN: READ THIS FORM COMPLETELY AND CAREFULLY. YOU ARE AGREEING TO LET YOUR MINOR participant ENGAGE IN A POTENTIALLY DANGEROUS ACTIVITY. YOU ARE AGREEING THAT, EVEN IF THE RELEASED PARTIES AS DEFINED HEREIN USE REASONABLE CARE IN PROVIDING THIS ACTIVITY, THERE IS A CHANCE YOUR participant MAY BE SERIOUSLY INJURED OR KILLED BY PARTICIPATING IN THIS ACTIVITY BECAUSE THERE ARE CERTAIN DANGERS INHERENT IN THE ACTIVITY WHICH CANNOT BE AVOIDED OR ELIMINATED. BY SIGNING THIS FORM YOU ARE GIVING UP YOUR participant'S RIGHT AND YOUR RIGHT TO RECOVER FROM RELEASED PARTIES IN A LAWSUIT FOR ANY PERSONAL INJURY, INCLUDING DEATH, TO YOUR participant OR ANY PROPERTY DAMAGE THAT RESULTS FROM THE RISKS THAT ARE A NATURAL PART OF THE ACTIVITY. YOU HAVE THE RIGHT TO REFUSE TO SIGN THIS FORM, AND RELEASED PARTIES HAVE THE RIGHT TO REFUSE TO LET YOUR participant PARTICIPATE IF YOU DO NOT SIGN THIS FORM.)

Definitions: The “Equipment” means the equipment listed above and any of its components. The person who is renting and/or using the above listed Equipment, or participating in any activity sponsored or offered by Released Parties shall be referred to as “Participant.” The “Undersigned” means only the Participant when the Participant is age 18 or older OR it means both the Participant and the Participant’s parent or legal guardian when the Participant is under the age of 18. “Released Parties” mean Island Surf and Sport, Inc., God’s Grace & Mercy, Inc., and Island Water Sports of Deerfield Beach, Inc., and their respective successors in interest, affiliated organizations and companies, subsidiaries, insurance carriers, agents, employees, representatives, assignees, officers, directors, members, and shareholders. The “Activity” means renting and/or using the above listed Equipment, or participating in any activity sponsored or offered by Released Parties.

Equipment Use and Damage: The Equipment is rented “as is” and with no warranties, express or implied. The Undersigned accepts full responsibility for the care of the equipment during the rental period. Undersigned agrees to pay for any damage that occurs to the Equipment and/or the replacement at full retail value of the Equipment regardless of the circumstances under which such damage may occur. Undersigned agrees to pay for the replacement at full retail value of the Equipment for Equipment not returned to Released Parties. Undersigned also agrees to pay for any lost rental income for the period of time the Equipment is out of service due to damage for which Undersigned is responsible. Undersigned agrees to pay for any costs incurred in retrieval of Equipment if abandoned. Undersigned agrees to pay all costs, including reasonable attorney’s fees, incurred by Released Parties to collect any sums due or to enforce any terms of this agreement. Undersigned agrees to pay interest of 18% per annum on all sums owed to Released Parties. The Undersigned agrees that Released Parties are authorized and shall have the right to charge the Undersigned’s credit card for any sums owed. Improper use of the Equipment, as determined solely by Released Parties, shall result in the immediate confiscation of the Equipment. There shall be no refund of any monies paid in the event of such confiscation and any deposit shall be forfeited. All monies paid for the rental of the Equipment are non-refundable. Undersigned acknowledges that the Participant has read and understands the rules for the use of the Equipment. I accept full responsibility for the equipment rented (the Equipment) and hereby agree to pay for any damage to the Equipment and replace the Equipment at full retail value if not returned by the agreed date or if the Equipment is damaged by any reason and agree to report any problems, mechanical or otherwise, upon returning the equipment.

SAFETY EQUIPMENT: I acknowledge that I have been advised to wear all necessary safety equipment at all times, including helmets and other protective equipment. Using proper safety equipment may be mandatory under provincial or federal law. I am aware that the use of this equipment is subject to all applicable municipal, provincial, and/or federal regulations.

EQUIPMENT USE: I am familiar with the proper use of the Equipment and its components, including but not limited to: all quick release mechanisms, leashes, brakes and gear shifters, and I have taken proper instructional lessons prior to its use. I am aware that there is staff available to answer any questions that I may have as to the proper use of the Equipment. I have made no representations regarding my ability to participate in these activities.

ASSUMPTION OF RISKS: I am aware that the use of the Equipment involves risks, dangers and hazards. Participant(s) will be taking part in activities that can be hazardous and involve the risk of physical injury and/or death. The activities are inherently dangerous and Undersigned fully realizes the dangers of participating in the activities. The dangers and risks of the activities include, but are not limited to the condition of the premises and equipment, and the acts, omissions, representations, carelessness, and negligence of the Released Parties. Hazardous conditions may occur in the use of the Equipment and may be caused by but not limited to natural forces or people. Recognizing the risks and dangers, the Undersigned voluntarily chooses for the Participant(s) to participate in the activities and expressly assumes all risks and dangers of the participation in the activity, whether or not described above, known or unknown, inherent, or otherwise.

 

 

I acknowledge and accept that I am responsible for predicting whether the terrain used is safe for the use of the Equipment or whether an accident may occur. The terrain where I will use the Equipment may be uncontrolled, unmarked, not inspected and may involve many risks, dangers and hazards. I nevertheless freely and voluntarily assume all of the aforesaid risks and hazards and my use of the Equipment shall be entirely at my own risk.

I UNDERSTAND THAT MY USE OF THE EQUIPMENT, INCLUDING SAFETY EQUIPMENT, CANNOT GUARANTEE MY SAFETY OR FREEDOM FROM INJURY. I AM AWARE THAT IT IS NOT POSSIBLE TO PREDICT EVERY CONDITION OR CIRCUMSTANCE UNDER WHICH THE EQUIPMENT AND/OR SAFETY EQUIPMENT WILL NOT OPERATE AS INTENDED. I AM AWARE OF THE RISKS, DANGERS AND HAZARDS ASSOCIATED WITH THE USE OF THE EQUIPMENT AND I FREELY ACCEPT AND FULLY ASSUME ALL SUCH RISKS, DANGERS, AND HAZARDS, AND THE RESPONSIBILITY FOR PERSONAL INJURY, DEATH, PROPERTY DAMAGES AND LOSS RESULTING THEREFROM.

I state that to the best of my knowledge I have no medical, physical or mental health conditions that would hinder or prevent my active participation in this activity.

IN CONSIDERATION of the Releasees agreeing to rent me the Equipment and permitting my use of their services, equipment and other facilities, and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged, I hereby agree as follows: To waive any and all claims that I have or may in the future have against the Releasees and the equipment manufacturers and distributors and to release the Releasees from any and all liability for any loss, damage, expense or injury, including death, that I may suffer or that my next of kin may suffer, resulting from or arising out of my use of the Equipment, due to any cause whatsoever, including negligence, breach of contract, or breach of warranty on the part of the Releasees in respect of the design, manufacture, selection, installation, maintenance, inspection, service or repair of the Equipment, or in respect of the provision of or the failure to provide any warnings, directions, instructions or guidance as to the use of the Equipment. 

IN THE CASE OF A MINOR PARTICIPANT, THE ABOVE WAIVER, RELEASE, AND AGREEMENT NOT TO SUE ONLY APPLIY TO DAMAGES RESULTING FROM INHERENT RISKS OF THE ACTIVITY IN ACCORDANCE WITH FLA STAT 744.301.

There are no warranties, express or implied, concerning the Equipment listed on this form; To hold harmless and indemnify the Releasees for any and all liability for any property damage, loss or personal injury to any third party resulting from my use of the Equipment;

This Agreement shall be effective and binding upon my heirs, next of kin, executors, administrators, assigns and representatives in the event of my death or incapacity;

Minor Acknowledgment: By signing this Agreement without a parent or legal guardian’s signature, the 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 parent or legal guardian of the minor Participant.

 

Miscellaneous: The Undersigned agree: (a) Participant will not engage in any activities prohibited by any applicable laws, statutes, regulations and ordinances; (b) this Agreement shall be governed by the laws of the State of Florida, and the exclusive jurisdiction and venue for any claim shall be located in the state courts located in Broward County, Florida; (c) Undersigned authorizes and gives full consent to Released Parties to copyright and/or publish for public view any and all photographs, digital recordings, videotapes and/or film in which Participant appears. Undersigned agrees that Released Parties may transfer, use, or cause to be used, these digital recordings, photographs, videotapes, or films for any exhibitions, public displays, publications, commercials, art and advertising purposes, television programs, and internet without limitations or reservations; (d) Undersigned authorizes and gives full consent to Released Parties to email information about future events; and (e) this agreement shall be binding upon the subrogors, distributors, heirs, next of kin, executors, and personal representatives of the Undersigned.

COVID-19: The World Health Organization has declared the novel Coronavirus (COVID-19) a worldwide pandemic. Due to its capacity to transmit from person-to-person through respiratory droplets, the government has set recommendations and guidelines which Island Camps strives to comply.

In consideration of my participation in the foregoing, the undersigned acknowledge and agree to the following:

I am aware of the existence of the risk on my physical appearance to the venue and my participant's participation to the activity of the Organization that may cause injury or illness such as, but not limited to Influenza, MRSA, or COVID-19 that may lead to paralysis or death.
The participant nor anyone in contact with the participant has not experienced symptoms that of fever, fatigue, difficulty in breathing, or dry cough or exhibiting any other symptoms relating to COVID-19 or any communicable disease within the last 14 days.
The participant has not, nor any member(s) of my household, traveled by sea or by air, internationally within the past 30 days or visited any any area outside of the tri-county area in the United States that was reported to be highly affected by COVID-19, in the last 30 days.
The participant, nor any member(s) of my household, had not been diagnosed to be infected of COVID-19 virus within the last 30 days.
Following the pronouncements above I hereby declare the following:

I am fully and personally responsible for my participant's safety and actions while and during their participation and I recognize that my participant may be in any case be at risk of contracting COVID-19.
With full knowledge of the risks involved, I hereby release, waive, discharge the Island Camps, its board, officers, independent contractors, affiliates, employees, representatives, successors, and assigns from any and all liabilities, claims, demands, actions, and causes of action whatsoever, directly or indirectly arising out of or related to any loss, damage, injury, or death, that may be sustained by me related to COVID-19 while participating in any activity while in, on, or around the premises or while using the facilities that may lead to unintentional exposure or harm due to COVID-19.
I agree to indemnify, defend, and hold harmless Island Camps, its board, officers, independent contractors, affiliates, employees, representatives, successors, and assigns from and against any and all costs, expenses, damages, lawsuits, and/or liabilities or claims arising whether directly or indirectly from or related to any and all claims made by or against any of the released party due to injury, loss, or death from or related to COVID-19.

By signing below I acknowledge that I have read the foregoing Liability Release Waiver and understand its contents; that I am at least eighteen (18) years old and fully competent to give my consent; That I have been sufficiently informed of the risks involved and give my voluntary consent in signing it as my own free act and deed; that I give my voluntary consent in signing this Liability Release Waiver as my own free act and deed with full intention to be bound by the same, and free from any inducement or representation.

I CONFIRM THAT I HAVE READ AND UNDERSTOOD THIS RELEASE AGREEMENT PRIOR TO SIGNING IT, AND I AM AWARE THAT BY SIGNING THIS RELEASE AGREEMENT I AM WAIVING CERTAIN LEGAL RIGHTS WHICH I OR MY HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, ASSIGNS AND REPRESENTATIVES MAY HAVE AGAINST THE RELEASEES.

I HAVE CAREFULLY READ THIS AGREEMENT AND UNDERSTAND ITS CONTENTS. I AM AWARE THAT I AM RELEASING LEGAL RIGHTS THAT OTHERWISE MAY EXIST.

Rental Insurance Available

We offer and optional Rental Insurance/Damage Waiver for just $4.99/day. This covers any board damage during your rental period. However, it does not cover loss or theft or personal injury

Damaged or misplaced items

If the rented equipment is stolen, misplaced or returned damaged, the participant will be responsible for replacing the item or for the repair costs.

Repair Rates

Ding Description	Surfboard	SUP
Small Ding: smaller than 3 inches	$20-$30	$20-$30
Large Ding: larger than 3 inches	$30 & up	$30 & up
Broken Nose:	$40-$60	$50-$75
Broken Tail:	$50-$75	$60-$75
Broken Board	$75-$100	$150+
Replace fin plug	$30
Fin Box	$50	$60
replace fin (fins can not be repaired	$15	$20
replace board if not returned	$300	$500
replace leash if not returned	$20	$20
replace lifevest if not returned		$20
Broken paddle		$30
replace paddle if not returned		$60

Lesson Cancellation Policy

A full refund will be given to any participant who cancels within 48 hours before the start of their activity. Due to scheduling and staff requirements, after the 48 hour cut-off, no refunds will be given, but the particpant may reschedule for another time slot if notice is given within 24 hours of the activity.

 

Participant or Guardian Signature

I HAVE CAREFULLY READ THIS AGREEMENT AND UNDERSTAND ITS CONTENTS. I AM AWARE THAT I AM RELEASING LEGAL RIGHTS THAT OTHERWISE MAY EXIST.