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California ____ Print Name _______________________________ Date Surfboard Rental Agreement and Release 3 read and understands all of the terms, conditions and rules set forth above, and agrees to all terms without reservation. RENTER _______________________________ Signature ___________________________ the Surfboard to the designated return area more than 20 minutes after the scheduled "Time Back," Renter shall forfeit his/her security deposit. Surfboard Rental Agreement and Release 2 Renter hassit, Renter shall be billed by Company for the full amount of damages caused by Renter during the rental period, including reasonable attorney's fees. 6. Late Return (if applicable). If Renter returnsompany shall retain any portion (or all) of Renter's security deposit as necessary to cover repairs for such damages. To the extent that damages to the Surfboard exceed the amount of the security depoarea clean and in the same condition as it was in when given to Renter, excepting ordinary wear and tear. Renter shall be responsible for any damage caused to the Surfboard during the rental period. Cll determine, in its sole discretion, whether any behavior or activity is "unsafe or hazardous." 5. Condition of Surfboard upon Return. The Renter shall return the Surfboard to the designated return , Renter must return the Surfboard to the designated return area immediately. If the rental is terminated for unsafe or hazardous use, Renter will not be refunded his/her security deposit. Company sha 4. Unsafe Use. If at any time Company determines that Renter has engaged in an unsafe or hazardous use of the Surfboard, Company may immediately terminate the rental. Upon notification of terminationngage in the use of alcoholic beverages immediately prior to or during his/her use of the Surfboard. Use of alcohol shall constitute "unsafe and hazardous" behavior for the purposes of this Agreement.nscientious manner. Renter shall at all times observe and adhere to any rules and guidelines posted by Company, and any applicable laws or regulations. 3. Use of Alcohol Prohibited. Renter shall not e of the Surfboard. _________ Renter Initials 2. Acceptable Use. Renter agrees and acknowledges that he/she will be the sole user of the Surfboard, and will use the Surfboard in a careful, safe and coledges that the activities for which the Surfboard are designed include inherent dangers, including the risk of bodily injury and/or death. Renter assumes and accepts all risks associated with the useonal representatives against all suits, actions, claims, demands, or damages that arise out of Renter's use, misuse or abuse of the Surfboard. Terms and Conditions 1. Assumption of Risk. Renter acknowd sufficiency of which are hereby acknowledged, Renter hereby expressly agrees to indemnify and hold harmless Company, Company's agents, servants, successors, heirs, executors, administrators and pershis favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." Indemnification For good and valuable consideration, the receipt anease 1 I hereby waive the provisions of section 1542 of the California Civil Code, which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in arising out of this Agreement; out of the use (misuse, or abuse) of the Surfboard; or in any way arising out of the rental relationship between Renter and Company. Surfboard Rental Agreement and Relch Renter ever had, now has, or which Renter's heirs, executors, administrators or personal representatives hereafter can, shall, or may have for or by reason of any matter, cause, or thing whatsoevernal representatives, of and from all, and all manner of, actions, causes of action, suits, proceedings, debts, dues, contracts, judgments, damages, claims, and demands whatsoever in law or equity, whit and sufficiency of which are hereby acknowledged Renter does hereby remise, release, and forever discharge Company, Company's agents, servants, successors, heirs, executors, administrators and persoFY COMPANY AGAINST CLAIMS BROUGHT AGAINST IT BASED UPON YOUR USE OF THE SURFBOARD. THIS INSTRUMENT AFFECTS IMPORTANT LEGAL RIGHTS. Release and Waiver of Claims. For valuable consideration, the receipENTAL AMOUNT READ THE FOLLOWING SECTIONS FULLY AND CAREFULLY PRIOR TO SIGNING. THIS IS A LEGALLY VALID AND BINDING OBLIGATION TO RELEASE COMPANY FROM ALL KNOWN AND UNKNOWN OBLIGATIONS, AND TO INDEMNIfor the time period and hourly rate specified as follows: Time Out OFFICE USE ONLY { Time Back (Scheduled/Actual) Total Hours SECURITY DEPOSIT DUE _________ Company Rep Initials Hourly Rate TOTAL Rll terms and conditions set forth below (including the release of claims) and evidences that agreement with his/her signature below. Surfboard Description Surfboard ID# The Surfboard shall be rented enter's Phone Renter's Email Renter's Name Renter's Birth Date Renter's Address Company agrees to rent the following surfboard (the "Surfboard") to Renter, upon the condition that Renter agrees to ag in any way out of the use of these materials. An attorney should be consulted for all serious legal matters. [Rental Company Name] [Rental Company Address] SURFBOARD RENTAL AGREEMENT AND RELEASE Rvices; loss of use, data, or profits; or business interruption) however caused and on any theory of liability, whether in contract, strict liability, or tort (including negligence or otherwise) arisinlishers of the forms, be responsible or liable for any direct, indirect, incidental, special, exemplary, or consequential damages (including, but not limited to, procurement of substitute goods or serof the materials for your particular needs. The materials are used at your own risk. In no event will: i) FindLegalForms, Inc, its agents, partners, or affiliates, or ii) the providers, authors or pubsclaimers and Terms of Use" found at findlegalforms.com. These materials are provided "AS-IS." We do not give any express or implied warranties of merchantability, suitability or completeness for any ess. DISCLAIMER: No Attorney-Client relationship is created by use of these materials. FindLegalForms, Inc. does not provide legal advice. The purchase and use of these materials is subject to the "Divised to have a competent attorney in the state of California review the agreement to ensure that it is fully compliant with California law, and that its terms address the specific needs of your businquiring the renter to indemnify the company for any damages or losses resulting from such an eventuality. These instructions are not a substitute for legal advice. Prior to using this form, you are ad against that company in the event an injury or injuries occur during the board's use. It also protects the company against suits by third parties that are injured by renter's use of the surfboard, reat sort of risks or dangers may be inherent, and what kind of behavior will be expected. Second, it limits the liability of the company renting the surfboard, preventing the renter from filing a claimers read and sign a comprehensive rental agreement. This type of agreement serves several important functions. First, it ensures that both parties understand what is to be expected from the rental, whia. The agreement includes a release and waiver of claims and an indemnification provision. Before you rent out a surfboard, body board, or other similar apparatus, it is important to have your customFindLegalForms.com Surfboard Rental Agreement and Release (California) This kit includes tools and instructions to assist you in preparing a surfboard rental agreement for use in the state of Californ California