Paddle EZ, LLC
TERMS AND CONDITIONS
PLEASE READ CAREFULLY BEFORE PLACING YOUR ORDER.
THIS IS A RELEASE OF LIABILITY & WAIVER OF LEGAL RIGHTS.
- Definitions. The person renting the stand up paddleboarding, kayaking or other equipment (the “Equipment”) from Paddle EZ, LLC (“Paddle EZ”) and agreeing to these terms and conditions shall be referred to hereinafer as “You”. “Released Parties” means (i) Paddle EZ, LLC and any of its successors in interest, affiliated organizations and companies, insurance carriers, agents, employees, representatives, assignees, officers, directors, members, and equity holders and (ii) owner of property upon which Paddle EZ has located its locker(s) used by You. The “Activity” means taking part in stand up paddle boarding, kayaking and other activities using the Equipment.
- General Rules & Restriction For Equipment Use And Rental
- You certify and guarantee that You are at least 18 years of age or older. If You falsify or misrepresent, unintentionally or intentionally, Your age, You accept full responsibility for any and all damages, demands, consequences, causes of action, losses, injuries, court and litigation costs, attorney’s fees, penalties, fines, legal actions of any kind, judgments, expenditures of any type or nature whatsoever related to such misrepresentations, whether intentional or unintentional.
- Due to Equipment limitations, individuals whose weight exceeds 225 lbs (or 550 lbs for two person kayaks) or chest size exceeds 52” are not permitted to use the Equipment. You certify and guarantee that You do not exceed these limitations.
- State laws require that each person must have a Personal Flotation Device (PFD) onboard that is properly sized and fitted. State law requires children under 13 and non-swimmers wear a PFD that is properly sized and fitted.
- As a preventive measure, Paddle EZ recommends that You use a properly fitted Personal Flotation Device (PFD) at all times when operating the Equipment. It is Your sole responsibility to utilize a PFD and ensure it is properly sized, fitted and is not in need of repair. If there is not a properly sized PFD for You or someone else that is using the Equipment or if a properly sized PFD is in need of repair, You will immediately stop using the Equipment, return the Equipment and notify Paddle EZ.
- You agree to carefully inspect the Equipment prior to using the Equipment. Inspection includes, but is not limited to ensuring kayaks do not have water in their hull or are in need of being drained by the drain plug. You agree, prior to operating the Equipment, to notify Paddle EZ if there appear to be any issues with the Equipment and if You use any Equipment that You later determine is not operating properly, You will immediately stop using the Equipment, return the Equipment and notify Paddle EZ.
- You assert, represent and certify that You are experienced and familiar with the safe and competent operation of the Equipment, and further, that You are physically and mentally fit to use the Equipment. You are solely responsible for any injury or damages resulting from improper or unsafe operation of the Equipment. If You have any existing physical or mental condition that would prohibit You from safely operating the Equipment, You are prohibited from using the Equipment.
- You agree that You will not operate or use the Equipment in any manner during adverse weather conditions, including but not limited to: tornados, hurricanes, fog, heavy rains, offshore breeze, when wind is blowing away from the shore, or lightning storms.
- You expressly agree that You shall not attempt to operate the Equipment if You are under the influence of drugs or alcohol and/or impaired by alcohol or drugs (including prescription drugs). You assume all risks and liabilities resulting from any and all use or attempted use of the Equipment while impaired. Operating the Equipment while impaired or under the influence can cause death or serious bodily injury as well as endangering the safety of others.
- You are required to comply with all applicable local, state, county, local, and property rules, regulations, codes and laws that relate to the safe operation the Equipment. You must also comply with the posted Equipment Safety Rules and Regulations. You certify You have familiarized Yourself with the Equipment Safety Rules and Regulations prior to operating the Equipment.
- Equipment is and shall remain the exclusive property of Paddle EZ at all times. You shall not remove or modify any logos, trademarks, accessories, parts or components of the Equipment as it is a criminal act to do so.
- You are expressly prohibited from allowing any third party to use the Equipment in any capacity whatsoever. You are prohibited from allowing anyone else upon any part of the Equipment at all times (except 2 person kayaks). Notwithstanding the foregoing, you may allow a minor at least 12 years of age to use the Equipment and participate in the Activity under your supervision, but only if You are the minor’s parent or legal guardian and the minor can safely utilize the Equipment. You (i) agree that You are fully and completely responsible and liable for all injuries, damages, costs, and expenses arising from or related to the minor’s use of the Equipment and participation in the Activity, and (ii) represent, warrant, and agree that You are the minor’s parent or legal guardian and that You have all accepted and agreed to all terms and conditions herein on behalf of the minor.
- You must contact Paddle EZ and local Police immediately in the event of theft of the Equipment or an accident that occurred during Your use of Equipment resulting in bodily injury. A police report should be obtained in any of these events and provided to Paddle EZ upon request within 5 business days of the incident as provided below and contain the facts surrounding the incident and contact information for witnesses and anyone else involved in the accident/incident.
- You shall be liable and responsible for any costs, claims, judgments, demands, damages, injuries, expenses, penalties, expenditures of any nature, causes of action, losses, attorney’s fees and court costs of any kind relating to a stolen, lost or damaged Equipment. If You leave Equipment unlocked or unattended and it is stolen, You are expressly responsible for its replacement cost.
- You expressly agree to return the Equipment to Paddle EZ in the same condition as when received. You are liable for any and all damages resulting from improper use or abuse of the Equipment and the cost of such damages shall become due and payable at standard labor and parts rates, which will be charged directly to the credit and/or debit card that You used to rent the Equipment and/or in a subsequent invoice to You, payable upon receipt. If Equipment is permanently damaged and must be removed from circulation, You shall be responsible for furnishing Paddle EZ with the replacement cost of the Equipment, which will be charged directly to the credit and/or debit card that You used to rent the Equipment and/or in a subsequent invoice to You, payable upon receipt. Should You cause damage to the property of another party while operating or in possession of the Equipment, You are solely liable for such damage.
- You expressly acknowledge and agree that Paddle EZ does not provide You insurance of any kind including but not limited to: property damage, liability, personal injury, injury to others, damages, penalties, fines, losses, and/or expenses of any kind whatsoever.
- If You do not return the Equipment to the locker before the expiration of Your pre-paid rental period, Paddle EZ reserves the right to charge You additional rental fees equal to two (2) times the standard hourly rental fee for each additional hour (or portion thereof), which will be charged directly to the credit and/or debit card that You used to rent the Equipment. Equipment rental fees are subject to applicable sales taxes and other local government charges.
- Risks of Activity. YOU acknowledge and understand that the description of the risks listed above IS not complete and that participating in the Activity may be dangerous and may include other risks. You agree and understand that taking part in the Activity can be HAZARDOUS AND INVOLVES THE RISK OF PHYSICAL INJURY AND/OR DEATH. You acknowledge that the Activity is inherently dangerous and fully realize the dangers of participating in the Activity. The risks and dangers of the activity include, but are not limited to, changing weather conditions, lightning, changing tides, undertows, changing water conditions, cold water immersion, hidden underwater obstacles, trees or other above water obstacles, changing and unpredictable currents, drowning, exposure, swimming, overturning, improper use of equipment, carrying boards and other equipment, entrapment of feet or other body parts under rocks or other objects or with equipment, equipment failure, dehydration, sunburn, not being familiar with the waterway and forecasted water and weather conditions, high surf, high wind, offshore breeze, when wind is blowing out to sea, rapids, other watercraft, docks, pilings or any other obstacles, and mental distress from exposure to any one of the above.
- Release, Indemnification, and Assumption of Risk.In consideration of You and any participant being permitted to participate in the Activity, You agree as follows:
- Release. You hereby irrevocably and unconditionally release, forever discharge, and agree not to sue or bring any other legal action against the Released Parties with respect to any and all claims and causes of action of any nature whether currently known or unknown, which You, or any participant, have or which could be asserted on behalf of them in connection with any participant’s participation in the Activity, including, but not limited to claims of negligence, product defect, breach of warranty, and/or breach of contract.
Indemnification. You hereby agree to indemnify, defend and hold harmless the Released Parties from and against any and all liability, cost, expense or damage of any kind or nature whatsoever and from any suits, claims or demands, including legal fees and expenses whether or not in litigation, arising out of, or related to, a participant’s participation in the Activity. Such obligation on Your part shall survive the period of a participant’s participation in the Activity. In addition, You indemnify the following parties:
- The Gulf – FT WALTON BEACH, FL
Assumption of Risk. You agree and understand that there are dangers and risks associated with the participation in the Activity and that INJURIES AND/OR DEATH may result from participating in the Activity, including, but not limited to the acts, omissions, representations, carelessness, and negligence of the Released Parties. By participating in an Activity, You recognize that property loss, injury and death are all possible while participating in the Activity. RECOGNIZING THE RISKS AND DANGERS, YOU UNDERSTAND THE NATURE OF THE ACTIVITY AND VOLUNTARILY CHOOSE TO PARTICIPATE IN AND EXPRESSLY ASSUME ALL RISKS AND DANGERS OF THE PARTICPATION IN THE ACTIVITY, WHETHER OR NOT DESCRIBED ABOVE, KNOWN OR UNKNOWN, INHERENT, OR OTHERWISE.
Limit of Liability. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL PADDLE EZ OR ITS THIRD PARTY SERVICE PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE MATERIALS ON THIS SITE OR THE SERVICE, EVEN IF PADDLE EZ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. PADDLE EZ’S AND ITS SERVICE PROVIDER’S ENTIRE AND AGGREGATE LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, SHALL NOT EXCEED $100, EVEN IF PADDLE EZ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. IF YOUR USE OF MATERIALS FROM THIS SITE OR THE SERVICE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
5. Miscellaneous. You agree and understand: (a) Participant will not engage in any activities prohibited by any applicable laws, statutes, regulations and ordinances. (b) This Agreement shall be governed by and construed in accordance with the laws of the State of Texas without regard to the conflict of laws provisions of any state or jurisdiction. Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be determined by final and binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules and Mediation Procedures. The seat or place of arbitration shall be Travis County, Texas. (c) This Agreement constitutes the entire agreement between the parties hereto and supersedes any and all prior contracts, arrangements, communications, or representations, whether oral or written, between the parties relating to the subject matter hereof. (d) This Agreement is a contract and shall be binding to the fullest extent permitted by law. If any part of this Agreement is deemed to be unenforceable, the remaining terms shall be an enforceable contract between the parties. These terms and conditions shall be binding upon the assignees, heirs, next of kin, executors and personal representatives of You.
YOU HAVE CAREFULLY READ THE FOREGOING TERMS AND CONDITIONS AND UNDERSTAND ITS CONTENTS.
YOU ARE AWARE THAT YOU ARE RELEASING LEGAL RIGHTS THAT OTHERWISE MAY EXIST.
In addition, for rentals at Hyde Parks Quarries, you must agree to the terms and conditions below as part of liability waiver 2 and 3.
Liability Waiver 2:
For both my own personal use, benefit and enjoyment, and that of any minor child for whom I am the parent or legal guardian with authority to enter such agreements on such minor’s behalf, as listed on the signature page hereof, I desire to use the Hyde Park Baptist Church (“HPBC”) Quarries Christian Life Center, including any ball fields, tennis courts, lake or water feature, parking lots, dressing, storage and shower facility (the “Facilities”), and as evidenced by my signature below, hereby represent that I am of sufficiently sound mind and body to understand and accept the attendant risks that accompany the use of any such physical premises.
2. I am aware that there may be a risk for certain individuals participating in activities involving physical exertion and I fully and solely assume that risk. I acknowledge that either (i) I have obtained independent medical approval for myself or said minor child to use the Facilities, or (ii) I fully, solely and independently waive my right to do so. 3. I acknowledge that the Facilities are and will remain unmanned and unsupervised by HPBC and that I am not expecting or relying on any HPBC employees or representatives on site to attempt to monitor either my activities, nor those of my child, that may occur across the multiple acres of the Facility. I am not seeking or relying on any employee or agent of HPBC to provide any advice or instruction on such recommended use of the premises or for medical assistance or advice.
4. I assume full responsibility for my (and, if applicable, my child’s) use of the Facilities. I have been provided access to any and all parts of the property for whatever extent of inspection I deemed necessary for evaluation of the physical condition and level of risk and hereby swear and affirm that I am satisfied with the safety and reasonableness of the condition of same.
5. I understand that both natural and man-made objects, including but not limited to athletic fields, tennis courts, gym facilities and the quarry lake, can cause injury to any person using the premises and that, for example, I or my child could trip on or collide with steps, rocks curbs, roots, equipment, trees, buildings, furniture, sports equipment or trash; that there may be vehicle traffic operating on the premises that could collide with or run over a human being or personal property, causing injury or death; that sports and physical activity can cause participation injuries; and that swimming, boating or participating in other water activities present an inherent risk of drowning or other types of injury for which I accept the risk and am not relying on HPBC to act as my insurer or protector.
6. I specifically authorize my child’s use of the quarry lake for any and all available water activities and acknowledge that HPBC is not providing supervision, advice or training with respect to said activities. HPBC is not responsible for determining or evaluating my or my child’s water/swimming capabilities or formulating any program for operational safety of any events or water use that may take place on such premises. HPBC is not providing nor responsible for “lifeguard” services in connection with any such water activities. HPBC is not responsible for providing proper equipment or flotation devices, nor for determining the sufficiency of any such devises provided by others; and that to the extent, if any, my child chooses to use any boat, watercraft, life-vest, belt or other flotation devise that I/he/she did not provide, I am not holding HPBC responsible for determining the effectiveness or sufficiency thereof.
7. I agree to reimburse, indemnify and hold harmless, HPBC for any injury or loss to persons or property, and expenses incurred due to same, including costs of defense and reasonable attorney’s fees, resulting from claims of my negligence, or intentionally wrongful acts, including defense and indemnification of claims that I am only partially negligent.
8. I agree that in the event a court rules that any part of this Waiver and Release Form is invalid or unenforceable, the remainder of this Waiver and Release Form shall remain in full force and effect.
I acknowledge and affirm that I have carefully read, understand and agree to each of the eight (8) paragraphs of this Waiver and Release Form and that it applies to any person(s) listed hereinbelow as a minor child, whom I hereby represent and warrant to be within my care, custody and control such that I have full authority to provide such release.
Liability Waiver 3
Please read this document carefully and completely: you are entering a legally binding contract with us.
In consideration of the services of Hyde Park Baptist Church, their agents, owners officers, volunteers, participants, employees, and all other persons or entities acting in any capacity on their behalf (hereinafter collectively referred to as “HPBC”), I hereby agree to release, indemnify, and discharge HPBC, on behalf of myself, my children, my parents, my heirs, assigns, personal representative and estate as follows:
1. I acknowledge that paddle boarding and kayaking on the Quarries lake, with depths to 45 feet, has known and unanticipated risks that could result in physical injury or drowning. 2. I will assure that each person in my party will wear a Coast Guard Approved life vest at all times. 3. In the event that the Thor Lightning Warning Sounds we will leave the lake immediately and take shelter in vehicles or the CLC building. 4. I understand that no swimming is allowed and that if the craft is accidentally tipped my party will maintain hold of the craft. 5. I will control any frivolous horse play which could injure individuals or damage equipment. 6. I understand that I am financially responsible for loss of or damage to equipment.
I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity.
Furthermore, HPBC employees have difficult jobs to perform. They seek safety, but they are not infallible. They might be unaware of a participant’s fitness or abilities. They may give inadequate warnings or instructions, and the equipment being used might malfunction.
1. I expressly agree and promise to accept and assume all of the risks existing in this activity. My participation in this activity is purely voluntary, and I elect to participate in spite of the risks. 2. I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless HPBC from any and all claims, demands, or causes of action, which are in any way connected with my participation in this activity or my use of HPBC’s equipment or facilities, including any such claims which allege negligent acts or omissions of HPBC. 3. Should HPBC or anyone acting on their behalf, be required to incur attorney’s fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs. 4. I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating, or else I agree to bear the costs of such injury or damaged myself. I further certify that I am willing to assume the risk of any medical or physical condition I may have. 5. In the event that I file a lawsuit against HPBC, I agree to do so solely in the state of Texas, and I further agree that the substantive law of that state shall apply in that action without regard to the conflict of law rules of that state. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect.
By signing this document, I acknowledge that if anyone is hurt or property is damaged during my participation in this activity, I may be found by a court of law to have waived my right to maintain a lawsuit against HPBC on the basis of any claim from which I have released them herein. I have had sufficient opportunity to read this entire document. I have read and understood it, and I agree to be bound by its terms.
PARENT’S OR GUARDIAN’S ADDITIONAL INDEMNIFICATION (Must be completed for participants under the age of 18) In consideration of the Minor being permitted by HPBC to participate in its activities and to use its equipment and facilities, I further agree to indemnify and hold harmless HPBC from any and all Claims which are brought by, or on behalf of Minor, and which are in any way connected with such use or participation by Minor.