Release and Waiver of Liability / Assumption of Risk and Indemnity Agreement
IN CONSIDERATION for being permitted by FOUR OCEANS GLOBAL (“FO”) to participate in rentals of any recreational equipment (including, but not limited to, electric bikes, bikes, kayaks, canoes, SUPs, paddle boards, paddle boats, kite boards, wind surfers, wetsuits, and their accessories)(“RECREATIONAL EQUIPMENT”), EACH OF THE UNDERSIGNED, for him/herself, his/hers personal representatives, heirs, and next of kin (“USER”):
1. Acknowledges, agrees, and represents that USER has or will immediately upon renting any RECREATIONAL EQUIPMENT, and will continuously thereafter, inspect the RECREATIONAL EQUIPMENT which USER uses. USER further agrees and warrants that, if at any time, USER is utilizing any RECREATIONAL EQUIPMENT and USER feels anything to be unsafe, USER will immediately advise the rental attendants of such and will leave the RECREATIONAL EQUIPMENT and/or refuse to further utilize that particular RECREATIONAL EQUIPMENT. USER acknowledges that USER has had the opportunity to inspect the RECREATIONAL EQUIPMENT prior to using it.
2. HEREBY RELEASES, WAIVES, DISCHARGES AND COVENANTS NOT TO SUE FO or any affiliated entities thereof, rescue personnel, any person issuing RECREATIONAL EQUIPMENT rentals, instructors, sponsors, advertisers, owners, lessors, and lessees of premises used to conduct the business operations, underwriters, brokers, consultants and others who give recommendations, directions, or instructions or engage in risk evaluation or loss control activities regarding the RECREATIONAL EQUIPMENT and for each of them, their directors, officers, agents and employees, all for the purposes herein referred to as “RELEASEES”, FROM ALL LIABILITY TO THE UNDERSIGNED, his personal representatives, assigns, heirs, and next of kin FOR ANY AND ALL LOSS OR DAMAGE, AND ANY CLAIM OR DEMAND THEREFORE ON ACCOUNT OF INJURY TO THE PERSON OR PROPERTY OR RESULTING IN DEATH OF THE USER ARISING OUT OF OR RELATED TO ANY EVENT OR EVENTS, WHETHER CAUSED BY THE GROSS NEGLIGENCE OR NEGLIGENCE OF THE RELEASEES OR OTHERWISE.
3. HEREBY AGREES TO INDEMNIFY AND SAVE AND HOLD HARMLESS the RELEASEES and each of them FROM ANY LOSS, LIABILITY, DAMAGE, OR COST INCLUDING BODILY INJURY OR PROPERTY DAMAGE, that USER may incur arising out of USER’s presence at or participation in the RECREATIONAL EQUIPMENT rentals, WHETHER CAUSED BY THE GROSS NEGLIGENCE OR NEGLIGENCE OF THE RELEASEES or otherwise .
4. HEREBY ASSUMES FULL RESPONSIBILITY FOR ANY RISK OF BODILY INJURY, DEATH OR PROPERTY DAMAGE arising out of or related to the RECREATIONAL EQUIPMENT rentals whether caused by the GROSS NEGLIGENCE OR NEGLIGENCE OF RELEASEES or otherwise.
5. HEREBY acknowledges that THE ACTIVITIES PERTAINING TO THE RECREATIONAL EQUIPMENT RENTALS CAN BE DANGEROUS and involve the risk of serious injury and/or death and/or property damage. USER also expressly acknowledges that INJURIES RECEIVED MAY BE COMPOUNDED OR INCREASED BY NEGLIGENT RESCUE OPERATIONS OR PROCEDURES OF THE RELEASEES.
6. HEREBY agrees that this Release and Waiver of Liability / Assumption of Risk and Indemnity Agreement extends to all acts of negligence by the Releasees, INCLUDING NEGLIGENT RESCUE OPERATIONS and is intended to be as broad and inclusive as is permitted by the laws of the State of Hawaii and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
USER HAS READ THIS RELEASE AND WAIVER OF LIABILITY / ASSUMPTION OF RISK AND INDEMNITY AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTANDS THAT USER HAS GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND HAS SIGNED IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT, ASSURANCE, OR GUARANTEE BEING MADE TO USER AND INTENDS USER’S SIGNATURE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.
Four Oceans Global ("FO"), and the undersigned recreational equipment renter (“User”), as of the date indicated upon signature and payment, enter into this rental contract (“Rental Contract”) and agree to the following provisions regarding recreational equipment rentals (“Rentals”):
FO agrees to provide, and User agrees to rent, recreational equipment as specified at the time of entry into this Rental Contract (including, but not limited to electric bikes, bikes, kayaks, canoes, SUPs, paddle boards, paddle boats, kite boards, wind surfers, wetsuits, and their accessories)(“Recreational Equipment”).
User agrees to pay for such rental term as User chooses at the time of initial rental. Failure to return the Recreational Equipment on time at the expiration of the rental term will result in an additional charge of $10.00 for each 15 minute increment of time beyond the expiration of the rental term. User may request an extension of the rental term to FO in person or on the phone, as long as the request is made 24 hours in advance, or if there is available time at present.
User will provide FO with a valid government-issued identification document (such as a driver’s license or passport).
User agrees to return Recreational Equipment in substantially the same condition as initially received and without further damage. If Recreational Equipment is damaged while in User’s possession, User agrees to pay repair or replacement fees for any damage caused, which amount shall not exceed the retail replacement value of the Recreational Equipment. FO shall use reasonable efforts to repair Recreational Equipment, but any decision to replace Recreational Equipment shall be in FO’s sole discretion. Substantial damage to Recreational Equipment will result in User being required to pay the full retail replacement value of the Recreational Equipment.
FO is not responsible for any damage to persons or property caused by use of the Recreational Equipment.
Invalidity or unenforceability of one or more provisions of this Rental Contract shall not affect any other provision of this Rental Contract.
This Rental Contract is subject to the laws of the State of Hawaii.
Any and all claims, controversies or disputes arising out of or relating to this Rental Contract, or the breach thereof, which remain unresolved after direct negotiations between the parties, shall first be submitted to confidential Mediation in accordance with the Rules, Procedures, and Protocols for Mediation of Disputes of Dispute Prevention & Resolution, Inc., then in effect. If any issues, claims or disputes remain unresolved after mediation concludes, the parties agree to submit any such issues to binding arbitration before one/three arbitrator(s) in accordance with the Rules, Procedures, and Protocols for Arbitration of Disputes of Dispute Prevention & Resolution, Inc., then in effect. The parties further agree that the award of the arbitrator(s) is binding upon the parties and that judgment upon the award rendered may be entered in any court of competent jurisdiction.
Entering User’s name and email below activates this Release and Waiver of Liability / Assumption of Risk and Indemnity Agreement and Rental Contract, and means User has read, understood, and consented to the binding information above. This action gives User’s consent as a signature would on paper.