Northend Paddle ‘N’ Surf Company, LLC
Terms & Conditions
The RENTER acknowledges that upon delivery of rental equipment, the Renter agree to perform an inspection of all rented equipment has determined that the rented equipment is in good working condition, suitable for the means and purpose for which it has been rented. The RENTER agrees to use the rental equipment in the manner for which it is designed and intended to be used. The RENTER recognizes that the property is being used AS IS and WITH ALL FAULTS. Northend Paddle ‘N’ Surf Co., LLC MAKES NO REPRESENTATIONS, PROMISES, OR WARRANTIES, EITHER EXPRESSED OR IMPLIED, CONCERNING THE MERCHANTABILITY, SUITABILITY, OR FITNESS FOR A PARTY CONCERNING THE MERCHANTABILITY, SUITABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OF THE PROPERTY. LESSOR EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER ARISING FROM STATUTE, COMMON LAW, CUSTOM, OR OTHERWISE. The RENTER assumes all responsibility for equipment (paddleboards, surfboards and all body boards) while out of possession of the RENTER, and agrees to return such equipment to Northend Paddle ‘N’ Surf Co., LLC in as good condition as it was at the effective date, the beginning of the rental period, of the lease, less expected natural wear as determined by Northend Paddle ‘N’ Surf Co.,LLC. The Renter will be held responsible for any loss, theft, damage or destruction of leased property. All equipment lost or damaged beyond repair will result in charges incurred upon the RENTER at rate equal to regular replacement price. All damaged equipment which may be repaired will be repaired by the Northend Paddle ‘N’ Surf Co., upon return thereof and the cost for such repairs shall be paid by RENTER. Accrued rental credits and/or changes cannot be applied against the purchase price or cost of repairs of such damaged or lost equipment. Scheduled rental rates begin when the equipment leaves our place of business and continues until returned. The Renter shall indemnify and hold Northend Paddle ‘N’ Surf Co., LLC harmless from any and all claims, damages, or proceedings (including all costs, expenses, and attorney’s fees) related to or arising out of Northend Paddle ‘N’ Surf Co., LLC use or possession of the equipment. Rental equipment shall be used by the renter only. NORTHEND PADDLE ‘N’ SURF CO. , LLC and its helpers/employees are not responsible for any damage that may occur as a result of loading, unloading or transporting Northend Paddle ‘N’ Surf Co. , LLC rental equipment to an individual who has established a rental contract, RENTER, with Northend Paddle ‘N’ Surf Co., LLC and his individual’s vehicle, interior and exterior, means or transportation or method by which the renter has established transportation of rental equipment. All rental equipment is used at the RENTER’S risk.
HURRICANE POLICY: In the event of a MANDATORY EVACUATION ORDER, made by the governing bodies of the City of Virginia Beach, Commonwealth of Virginia, and/or the United States of America at the digression of any agency the afore mentioned governing bodies have deemed appropriate and in conjunction with the property management company with whom a property rental contract is established in the event of a MANDATORY EVACUATION ORDER is issued, please call Northend Paddle ‘N’ Surf Co., LLC in its appropriate local to make arrangements or the return of rental equipment. As agreed upon by Northend Paddle ‘N’ Surf Co., LLC, the account holder, Renter, will receive a refund of board rental fees if evacuation order occurs within 72 hours of rental period. Rental equipment will be available for use after any and all evacuation orders have expired and access is granted to return to the evacuated areas. Northend Paddle ‘N’ Surf Co., LLC reserves the right to refuse refund accounts as a result of Inclement Weather conditions.
This writing contains and constitutes the entire agreement between the parties. This lease agreement can only be modified by written agreement signed by both Northend Paddle ‘N’ Surf Co., LLC and the RENTER. The RENTER represents that RENTER is at least eighteen (18) years of age and under no disability which will prevent the RENTER from entering into this agreement. The RENTER agrees not to part with or assign this lease or the equipment without the written consent of Northend Paddle ‘N’ Surf Co., LLC.
Participant Agreement, Release and Assumption of Risk
In consideration for Northend Paddle ‘N’ Surf Co.,LLC , renting watercraft (Paddleboards, surfboards, beater boards and beater boards) the undersign (the “participant”) agrees to all the rules, agreements, releases and content of this agreement.
Acknowledgement of risks. Participant acknowledges that there are inherent risks in the use of any watercraft including but not limited to: risk of fall; deep water, submerged objects; unknown hazards; other watercraft; changing currents; severe weather; equipment failure or malfunction; exposure to potentially dangerous wild animals, insect bites, hazardous plant life, travel in remote areas with poor or no access to emergency and/or medical services; participants physical condition and ability; the physical exertion associated with this activity; and any ability to control the craft. Participant acknowledges that these risks (both known and anticipated) pose a threat to participant’s safety and that these and other factors may result in physical or emotional injury, death, and/or damage to participant, property or to third parties. Participant acknowledges that these risks may be unpredictable and may change recommended precautions and procedures without notice. Participant understands that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity.
Assumption of risk. Participant expressly agrees and promises to accept and assume all of the risks existing in this activity. Participant is willing to assume the risk of any medical and/or physical conditions or fitness limitations participant may have. Known or unknown. Additionally, participant agrees to wear a U.S. Coast Guard approved personal flotation device (life jacket with attached whistle) in all waterways which require personal flotation device while engaging in watercraft-related activity. If participant is a minor, the undersign further agrees as a parent or guardian of participant to indemnify, defend and hold harmless Northend Paddle ‘N’ Surf Co.,LLC, from any and all claims brought by, or on behalf of said minor.
Release/Indemnity. Participant, on his/her own behalf, and on behalf of participant’s spouse, children, parents, heirs, assigns, personal representative and estate, hereby voluntarily agrees to release, forever discharge, indemnify, defend and hold harmless Northend Paddle ‘N’ Surf Co.,LLC, its agents, family members, owners, officers, volunteers, and employees from and against all liabilities, losses, claims, damages, to persons or property, expenses (including, without, limitation, reasonable costs and attorney’s fees, and reasonable costs and attorney’s fees on appeal), judgements, proceedings, and causes of action of any kind arising out of , resulting from, relating to, or in any way connected with this activity – including any claims that allege negligent acts or omissions. Participant agrees to indemnify and hold harmless Northend Paddle ‘N’ Surf Co.,LLC, for any attorney fees and costs required to enforce or defend this agreement. Participant understands that Northend Paddle ‘N’ Surf Co., LLC, does not carry participant insurance. Participant certifies that he/she has adequate insurance to cover any injury or damage Participant may cause or suffer while participating in this activity, or else participant agrees to bear the costs of such injury or damage. This agreement is signed in Virginia Beach, Virginia, and shall be construed and governed by the laws of the Commonwealth of Virginia, without regard to any conflict of laws. The parties agree to submit to the jurisdiction of the competent courts of the City of Virginia Beach, Virginia. If any provision of this agreement is found to be void or unenforceable, the remaining provisions and agreement shall remain in full force and effect. By signing this agreement, participant acknowledges that he/she waives the right to institute a lawsuit against Northend Paddle ‘N’ Surf Co., LLC on the basis of any claim from which the participant has released it herein, and that he/she has had sufficient opportunity to read and understand this entire agreement. Participant agrees to cooperate in the filing of a police report in the event the equipment rented is damaged, lost or stolen.