LIABILITY WAIVER LESSEE (CUSTOMER AND EACH OF ITS SUCCESSORS, ASSIGNS, AGENTS, OFFICERS, DIRECTORS, SHAREHOLDERS, PARTNERS, SERVANTS, AGENTS AND EMPLOYEES, COLLECTIVLEY REFERRED TO AS "LESSEE") ACKNOWLEDGES AND AGREES THAT: (a) EACH ITEM OF LEASED PROPERTY IS OF A TYPE, DESIGN, QUALITY AND MANUFACTURE SELECTED BY LESSEE, ACCEPTABLE TO LESSEE AND SUITABLE FOR LESSEE'S PURPOSES; (b) LESSOR (KAUAI BABY GEAR LLC) AND EACH OF ITS SUCCESSORS, ASSIGNS, AGENTS, OFFICERS, DIRECTORS, SHARHOLDERS, PARTNERS, SERVANTS, AGENTS AND EMPLOYEES, COLLECTIVLEY REFERRED TO AS ("LESSOR") IS NOT THE MANUFACTURER OR SUPPLIER OF THE EQUIPMENT OR THE REPRESENTATIVE OF EITHER; (c) LESSOR IS NOT REQUIRED TO ENFORCE ANY MANUFACTURER'S WARRANTIES ON BEHALF OF ITSELF OR LESSEE; (d) LESSOR HAS NOT INSPECTED AND IS NOT OBLIGATED TO INSPECT THE EQUIPMENT; (e) LESSOR LEASES THE EQUIPMENT TO LESSEE AS IS WITHOUT WARRANTY OR REPRESENTATION EITHER EXPRESS OR IMPLIED, AND THE LESSOR EXPRESSLY DISCLAIMS ANY WARRANTY, EXPRESS OR IMPLIED, AS TO (i) THE TITLE, CONDITION, FITNESS FOR USE FOR A PARTICULAR PURPOSE, DESIGN, COMPLIANCE WITH SPECIFICATIONS, OPERATION, OR MERCHANTABILITY THEREOF, (ii) THE ABSENCE OF LATENT OR OTHER DEFECTS, WHETHER OR NOT DISCERNABLE, (iii) THE ABSENCE OF INFRINGEMENT OF ANY PATENT, TRADEMARK OR COPYRIGHT OR (iv) ANY OTHER MATTER WHATSOEVER, IT BEING AGREED THAT ALL SUCH RISKS, AS BETWEEN THE LESSOR AND THE LESSEE, ARE TO BE BORNE BY THE LESSEE. LESSEE FURTHER AGREES TO INDEMNIFY AND HOLD HARMLESS THE LESSOR FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES (INCLUDING NEGLIGENCE, TORT AND STRICT LIABILITIES), DEMANDS, ACTIONS, SUITS AND PROCEEDINGS, LOSSES, COSTS, PENALITIES AND DAMAGES, INCLUDING WITHOUT LIMITATIONS, REASONABLE ATTORNEYS' FEES AND COST (All disputes arising out of or relating to this rental agreement, or the breach thereof, shall be fully and finally resolved by arbitration in Hawaii in accordance with the Rules, Procedures, and Protocols for Arbitration of Disputes of Dispute Prevention & Resolution, Inc., then in effect. In the event arbitration is invoked, the Parties agree that one shall be appointed to hear and resolve the case. The parties further agree that the award of the arbitrator is binding upon the parties and that judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
Waiver and Release of liability Rental Agreement
REGARDING WATERSPORTS GEAR
Note: This waiver and Release of liability and Rental Agreement is intended to be a legally binding
document. Read this waiver carefully and completely. You may wish to consult an attorney to obtain
advice about this document. By clicking 'I Agree' below and release of liability Agreement,
you indicate your acceptance of all terms and conditions below.
Kauai Baby Gear LLC, ("the Company") has arranged for you to rent a Paddle board(s) or surfboard(s)
or body board(s) or snorkel gear (hereinafter collectively referred to as "Watersports Gear"). All
persons renting and/or using rented items that qualiify as Watersports Gear are required to sign
and agree to the terms of this Waiver and Release of Liability Agreement prior to rental.
IN CONSIDERATION of, and as an express condition to, your rental or use of Watersports Gear from
the Company, the undersigned hereby agrees to the following:
1. The undersigned iis aware that surfing, paddle boarding, bodyboardiing and snorkeling are all
activities that involves the risk of injury or even death. The undersigned iis aware that
surfboards, paddleboards, body boards and snorkel gear are not lifesaving equipment and should not
be used as a replacement for a certified flotation device. The undersigned is aware that there iis
a risk of negligence by the Company or iits agents or assigns, including the failure by the Company
or iits agents or assigns to safeguard or protect me from or warn me of the risks, dangers and
hazards of surfing, paddle boarding, bodyboarding and snorkeling.
a. I freely accept and fully assume all risks, dangers and hazards associated with the rental and
use of Watersports Gear and the possibility of loss, personal injury or death resulting there from.
These risks may include property damage, personal injury and death, which may result in part from
turbulence, mechaniical or equipment malfunctions, vehicular accidents, risk of drowning, water,
reefs, rocks, serious lacerations or other accidents.
b. The undersigned, after careful consideration, expressly assumes these risks and agrees to
release the Company and its
affiliates, employees, members, associates, drivers and
independent contractors from any and all liability associated with these risks.
2. The undersigned hereby WAIVES AND RELEASES ANY AND ALL LAWSUITS, CLAIMS AND DEMANDS OF ANY
NATURE, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, PERSONAL INJURY, DEATH or OTHERWISE, WHETHER OR
NOT IMMEDIATELY APPARENT, which the undersigned may, now and forever, have against the Company and
its affiliates, employees, members, associates, and independent contractors resulting, directly or
indirectly, from the participation in the use of said Watersports Gear and all actions related
3. The undersigned hereby acknowledges that he/she is responsible for their own suitability to surf
or participate in watersports and is hereby strongly encouraged to consult a physician prior to
participation should they have any concerns such as, but not limited to, pregnancy or physical
impairment; including but not limited to swimming ability in the Pacific Ocean.
4. When engaging in the rental or use of Company equipment, Iagree 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.
a. Should Idamage a surfboard, Iagree to pay a surfboard damage fee
of $30/inch (maximum limit of liability for surfboard damage is $150.)
b. Should a surfboard/paddleboard/body board become lost, stolen or damaged beyond repair, Iagree
to pay a restocking fee of $150 per surfboard $750 per paddleboard, $40 per body board,and $30 per
This Waiver and Release of Liability Agreement shall be governed and construed by the laws of
Hawaii. Any litigation pertaining to this Waiver and Release of Liability Agreement shall be held
exclusively in the Fifth Circuit, County of Kauai with the prevailing party being entitled to
collect reasonable attorney's fees, costs, and expenses from the non-prevailing party. The
undersigned voluntarily submits to the exclusive personal jurisdiction of the state and federal
courts in Kauai,
Hawaii and waives any and all objections to the jurisdiction or proper forum of such courts.
If any provision of this Waiver and Release of Liability Agreement shall be held unenforceable or
void, it shall be severable from the remaining provisions and shall not affect their subsequent
enforceability or validity.
THE UNDERSIGNED HEREBY WAIVES RIGHTS TO A TRIAL BY JURY
FROM ANY LITIGATION ARISING FROM OR RELATING TO THIS WAIVER AND RELEASE OF LIABILITY AGREEMENT.
By signing below, the undersigned (or, if the undersigned is under the legal age of 18, the
undersigned's legal guardian) has read, considered and expressly agreed to all of the terms and
conditions of this Waiver and Release of Liability Agreement as of the date written below. This
Waiver and Release of Liability Agreement shall be effective and binding upon my heirs,
next-of-kin, executors, administrators, assigns and representatives, in the event of my death or