Cal Coast Adventures, LLC Release of Liability
I, the undersigned, have voluntarily rented and/or am partaking in a lesson that may include some or all of the following equipment: a road/mountain/hybrid/cruiser/electric bike, kayak, stand up paddle board, surf board, boogie board, wet suit, paraglider, horse, and/or chair/umbrella rental (hereinafter the "Equipment") from CAL COAST ADVENTURES, LLC. I understand my use of the Equipment INVOLVES INHERENT DANGERS THAT MAY RESULT IN SERIOUS INJURY OR DEATH TO ME AND OTHERS. These dangers include but are not limited to: falls, loss of control, collisions with natural and man-made objects including other watercraft and their users, or other accidents. I understand unpredictable changes in water conditions, including tides, currents, wave action, and wakes that may have an effect on my use of the Equipment. I further acknowledge that my deviation from any instructions of operation given to me or described on the Equipment may increase the inherent risks associated with the operation of the Equipment.
I understand and agree the Equipment is provided to me "as is" that no warranty, express or implied, has been made to me regarding the suitability of the Equipment, or its condition.
As lawful consideration for being permitted to rent and use the Equipment, I HEREBY DO, FOR MYSELF AND FOR MY MINOR CHILDREN TO WHOM I AM THE PARENT, LEGAL GUARDIAN, OR OTHERWISE RESPONSIBLE PERSON, AND FOR MY AND OUR HEIRS, PERSONAL REPRESENTATIVES OR ASSIGNS, FULLY AND FOREVER RELEASE FROM ANY LEGAL LIABILITY AND AGREE NOT TO SUE OR MAKE ANY CLAIM AGAINST CAL COAST ADVENTURES, LLC, its owners, officers, directors, agents, and employees, for any and all injuries, damages or death caused by or resulting from any participation in an activity in which I use the Equipment whether such injury was caused by the alleged negligence or fault of CAL COAST ADVENTURES, LLC d/b/a SB FITNESS TOURS, its owners, officers, directors, agents or employees.
I AGREE ON BEHALF OF MYSELF AND MY MINOR CHILDREN FOR WHOM I AM THE PARENT, LEGAL GUARDIAN OR OTHERWISE RESPONSIBLE TO PAY FOR ALL DAMAGES/ LOSS/ OR THEFT OF THE RENTAL EQUIPMENT DURING MY RENTAL PERIOD OR WHILE IN MY POSSESSION.
I agree to pay all costs, damage, and attorneys fees incurred by CAL COAST ADVENTURES, LLC, its owners, officers, agents and employees as a result of any lawsuits, claims, demands, or losses arising out of my or my minor childrens use of the Equipment, regardless of who is at fault.
This agreement shall not apply to lawsuits, claims, demands or losses that are proven to be the result of the intentional misconduct of CAL COAST ADVENTURES, LLC, its owners, officers, agents, or employees.
By signing this agreement, I acknowledge that I have received from CAL COAST ADVENTURES, LLC, sufficient instructions on the safe use and operation of the Equipment, that I understand those instructions, and that any and all questions I had concerning the safe operation of the Equipment have been answered fully to my satisfaction.
By signing this agreement, I further hereby acknowledge that I can swim at least 50 yards in moderate open ocean water and tread water for at least 15 minutes in moderate open ocean water.
I AM AWARE THAT THIS CONTRACT IS LEGALLY BINDING AND THAT I AM RELEASING LEGAL RIGHTS BY SIGNING IT. I HAVE HAD THE BENEFIT OF OR WAIVED INDEPENDENT LEGAL REVIEW OF THIS AGREEMENT.