RENTAL AGREEMENT-RELEASE/ACCEPTANCE OF RESPONSIBILITY/ACKNOWLEDGEMENT OF RISK
I, being of lawful age, in consideration of being permitted to rent the release's equipment, do myself, my heirs, executors, administrators, and assignors, hereby release and forever discharge TAMBA SURF COMPANY, also their agents, officers, heirs, administrators, and executors from any and every claim, demand, action, or right-of-action, of whatever kind of nature, arising from any bodily injuries or personal injuries, illness, death, or property damage resulting from any accident or occurrence which may occur as a result of renting or otherwise using their equipment, or from any activities in connection with their business activities whether by negligence or not. If this equipment is to be used by a minor, under my authority, I sign as a parent or guardian, with the intent of release provisions and other provisions of this agreement to be fully in effect in this reference to any injury, illness, or death occurring to that minor. I expressly agree that this release, waiver, and indemnity agreement is intended to be as broad and inclusive as permitted by law of the State of Hawai'i, and that if any portion is held invalid, it is agreed that the balance shall continue in full legal force and effect. I hereby assume full responsibility for the risk of bodily injury, death, or property damage to the negligence of the release's or otherwise on the business premises of the release's. I agree I will inspect the equipment provided to me, and that I will not make use of this equipment if it is in any way defective. I acknowledge that water sports can be dangerous and that participation in such sports must be done carefully, and I agree that I am voluntarily assuming full and complete responsibility for the risks involved in such sports. I hereby represent that my (our) health and physical condition is unimpaired and adequate to meet the demands of the water sports I will be engaging in. I have made a deposit on the equipment rented. I agree to pay for any lost or damaged gear as per the rates at TAMBA SURF COMPANY. If I do not make TAMBA SURF COMPANY aware of the damage/loss at the time of return, I authorize TAMBA SURF COMPANY to charge my credit card in accordance with the rates and/or reasonable repair charges.
I HAVE CAREFULLY READ THE FOREGOING AND KNOW THE CONTENTS THEREFORE AND SIGN THIS AGREEMENT/RELEASE AS MY OWN FREE ACT. I UNDERSTAND I AM RESPONSIBLE FOR ANY DAMAGES TO EQUIPMENT.