Release Agreement

RELEASE AGREEMENT

Refund Policy – Reservations must be cancelled 3 days or more prior to day of rental to avoid a late cancellation fee of $25 per surfboard.

Rental Agreement (Waiver) – In consideration for participating in any activity including, but not limited to, Surfing/Paddle-boarding/Surfing Lessons, Equipment Rentals, Snorkeling, Ocean Paddling, or Private Sessions with Bob’s Boards Hawaii LLC and other valuable consideration, I hereby RELEASE, WAIVE, DISCHARGE AND COVENANT NOT TO SUE Bob’s Boards Hawaii LLC Company, their officers, owners, organizers, agents, and employees, volunteers, representatives, event holders, sponsors, directors, any and all municipalities or other public entities (hereinafter referred to as RELEASEES) from any and all liability, claims, demands, actions and causes of action whatsoever arising out of or related to any loss, damage, or injury, including death, that may be sustained by me, or to any property belonging to me, WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASEES, or otherwise, while participating in such activity, or while in, on or upon the premises where the activity is being conducted or in transportation to and from said premises.

  • To the best of my knowledge, I can fully participate in this activity. I am fully aware of risks and hazards connected with the activity, including but not limited to the risks as noted herein, and I hereby elect to voluntarily participate in said activity, and to enter the lesson or paddle premises and engage in such activity knowing that the activity may be hazardous to me and my property. I VOLUNTARILY ASSUME FULL RESPONSIBILITY FOR ANY RISKS OF LOSS, PROPERTY DAMAGE OR PERSONAL INJURY, INCLUDING DEATH, that may be sustained by me, or any loss or damage to property owned by me, as a result of being engaged in such an activity, WHETHER CAUSED BY THE NEGLIGENCE OF RELEASEES or otherwise.

In consideration of participating in a Bob’s Boards Hawaii LLC surfing/ paddle-boarding class, equipment rental, ocean paddle, snorkel, swim or event I hereby agree as follows:

  • To waive any and all claims that I have or may in the future have against Bob’s Boards Hawaii LLC and to release Bob’s Boards Hawaii LLC 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 as a result of my participation in a Bob’s Boards Hawaii LLC surfing/paddle-boarding class, equipment rental, ocean paddle, snorkel or event due to any cause whatsoever, including negligence, breach of contract or breach of any statutory or other duty of care, on the part of Bob’s Boards Hawaii LLC and further including the failure on the part of Bob’s Boards Hawaii LLC to safeguard or protect me from or warn me of the risks, dangers and hazards of participating in a Bob’s Boards Hawaii LLC surfing/paddle-boarding class, equipment rental, ocean paddle, snorkel or any event;
  • To grant Bob’s Boards Hawaii LLC permission to use my likeness in a photograph, video, or other digital media in any and all of its publications, including web-based publications, without payment or other consideration. I waive any right to inspect or approve the finished product wherein my likeness appears and any right to royalties or other compensation arising or related to the use of the photo. I hereby irrevocably authorize Bob’s Boards Hawaii LLC to edit, alter, copy, exhibit, publish, or distribute these photos for any lawful purpose.
  • To hold harmless and indemnify Bob’s Boards Hawaii LLC from any and all liability for any property damage or personal injury to any third party resulting from my participation in a paddle boarding, surfing instruction class, equipment rental, snorkeling activity or event;
  • This Release 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;
  • This Release Agreement and any rights, duties and obligations as between the parties to this Release Agreement shall be governed by and interpreted solely in accordance with the laws of the State of Hawaii and no other jurisdiction;
  • Any litigation involving the parties to this Release Agreement shall be brought solely within the State of Hawaii;
  • I agree to accept all responsibility to maintain the condition and whereabouts of all the equipment rented for the entire rental period and to pay all repair and/or replacement costs for any damage or theft that may occur to equipment during the rental period. Should I damage a surfboard or stand up paddle board (SUP), I agree to pay a damage fee not to exceed $200 per surfboard, or $350 per SUP. Should I lose, or severely damage a surfboard or SUP, I agree to pay a replacement fee not to exceed $650. per surfboard, or $900 per SUP. If the participant is a minor, the parent or legal guardian warrants and represents that this Release Agreement, it’s significance and the assumption of risk, has been explained to and understood by the minor child or ward. I hereby declare, under penalty or perjury, that I am the parent or legal guardian of the named participant.
  • That I have been offered a life vest and decided to take/not take it.

I ACKNOWLEDGE AND REPRESENT THAT I have read the foregoing Waiver of Liability, Hold Harmless Agreement and Photo Release, understand it and agree voluntarily as my own free act and deed; no oral representations, statements or inducements, apart from the foregoing written agreement, have been made; I am at least eighteen (18) years of age and fully competent; and I execute this Release for full, adequate and complete consideration fully intending to be bound by same.