Stand up paddleboard Disclaimer & Liability Release and Assumption of Risk for TahoePaddleboard LLC
YOU MUST READ, UNDERSTAND AND SIGN PRIOR TO PADDLEBOARDING
- All paddlers MUST be able to swim efficiently and effectively
- All paddlers MUST wear a life jacket AT ALL TIMES
- All paddlers MUST wear a leash at all times
- Under 18 MUST be accompanied by an adult over 18 years of age AT ALL TIMES
- No cancellations or refunds
- Weather events receive a 50% refund strictly based on the discretion of Tahoe Paddleboard
- No one other than signee is permitted to use equipment
- Signee is responsible for all damages at retail cost
- No alcohol or drugs
- No nightime paddling
- This paddleboard and accompanying equipment (hereinafter, the “equipment”) IS NOT to be used as a life saving device. User should ensure that he/she is a competent swimmer before using.
- Stand-up paddleboarding is intended to be done in open water. Open water can be calm, fast, shallow or deep, or any combination of these. It is the sole obligation of the user to determine whether the type of water is suitable to his/her skill level.
- User should always be aware of his/her surroundings and the weather conditions when engaging in SUP. The air and water temperatures may change quickly. Dress appropriately and prepare accordingly.
- The equipment is intended to be used solely for the activity of paddleboarding. Some of the equipment has hard and/or sharp edges; be careful while handling and using.
- Taking an introductory lesson (at minimum) in paddleboarding taught by a qualified teaching professional is highly recommended.
- When engaging in SUP, the user should understand how to safely and properly use safety equipment such as a lifejacket, paddle and leash
- User should review and abide by all local, state and federal legal requirements regarding engaging in paddleboarding. Rules and regulations may vary between jurisdictions.
- It is recommended that the User engage in paddleboarding with a group. Children should always be supervised by an adult
- User should always handle his/her equipment with care and routinely inspect the equipment for damage or distress to ensure that it performs effectively and as intended.
- By purchasing and/or using the equipment, you affirm that you are aware that paddleboarding has inherent and other risks which may result in property damage, serious injury or death.
- By purchasing and/or using the equipment, you personally assume all risks involving the use thereof including, but not limited to, the risk of property damage, personal injury or death to yourself and others while using a paddleboard, whether negligent, intentional, foreseen or unforeseen.
- By purchasing and/or using the equipment, you irrevocably and unconditionally agree to fully release, indemnify, and promise to not bring a claim of any nature against Tahoe Paddleboard LLC and its owner and affiliates and their respective employees, directors, officers, agents, contractors, heirs, executors, estate trustees, personal representatives, successors and assigns (collectively, the "Released Parties") with respect to any and all damages, losses and liabilities in any way arising, directly or indirectly, from any injury, death or other damages to yourself, your family, executors, heirs, personal representatives or assigns, other persons or any property arising out of or in association to your purchase and/or use of the equipment.
- By purchasing and/or using the equipment, you further release, exempt and hold harmless the Released Parties from any claim or lawsuit by you, your family, estate, heirs or assigns, arising out of your purchase and/or use of the equipment, even if due to the Released Parties’ alleged negligence.
- You understand that SUP is a physically strenuous activity, that you will be exerting yourself, and that if you are injured as a result or in association of a heart attack, panic, dizziness, hyperventilation, drowning or any other condition or cause, that you expressly assume the risk of said injuries and that you will not hold the Released Parties responsible.
- You understand that your own physical and medical condition may affect the safe use of the equipment.
- You understand that the use of equipment should be limited according to the instructions in the above Warning/Disclaimer, including the supervision of children by adults.
- By purchasing and/or using the equipment, you accept the equipment AS IS and accept full financial responsibility for the care of the equipment to a standard required for safe use.
- As the purchase and/or use of the equipment is your voluntary act. By purchasing and/or using the equipment, you hereby agree that this indemnity, liability release and assumption of risk is a legally binding agreement on you and your heirs, executors, legal representatives and assigns. Any claim that you may bring must be filed in the Superior Court of the State of California, County of Nevada, Truckee Branch, and shall be governed by the laws of the state of California.
I UNDERSTAND the Equipment is not intended to be used as a toy and is not a rescue device. I AGREE TO, at all times while using the Equipment, wear the provided helmet and the provided personal flotation device. I UNDERSTAND that the Equipment is made of hard materials and has sharp and/or pointed edges which may cause SERIOUS INJURY and/or DEATH.
I AGREE TO FULLY AND FOREVER RELEASE TAHOE PADDLEBOARD LLC, its shareholders, officers, directors, employees, owners, agents, clients, parent companies, subsidiaries and/or affiliates (collectively referred to as “Releasees”), FROM ANY AND ALL LIABILITY, INCLUDING THAT ARISING FROM MY INJURY, DEATH, PROPERTY LOSS, OR OTHER DAMAGES caused by, or which is in any way connected to, my use of the Equipment, whether or not such injury, death or property damage was caused by the collective or individual alleged NEGLIGENCE of Releasees.
I AGREE TO DEFEND, INDEMNIFY and HOLD HARMLESS Releasees for any loss or damage, including any which results from claims or lawsuits for personal injury, death, or property damage related in any way to my use of the Equipment, even if said loss or damage is a result of any of Releasees’ collective or individual alleged negligence.
I ACCEPT for use AS IS the Equipment, and I accept full responsibility for the care of the Equipment while it is in my possession. I WILL BE RESPONSIBLEfor replacement, at full retail value, of the Equipment if damaged and/or not returned at the end of the use period. I FURTHER UNDERSTAND that by providing my credit card as a security deposit for the Equipment, I CONSENT that Releasee(s) may charge my credit card in case further payment is necessary under this clause.
I UNDERSTAND that the Equipment is not designed for whitewater and I AGREE not to use the Equipment in fast moving water, whitewater, or where there is danger of hitting rocks and/or other obstacles which may damage the Equipment and/or cause injury or death.
I HEREBY ACKNOWLEDGE this Agreement is governed by the applicable laws of the State of California. I FURTHER AGREE that any action involving the parties or issues within the scope of this Agreement must be instituted and prosecuted in the Town of Truckee, Nevada County, California. If any part of this Agreement is determined to be unenforceable, all other parts shall be given full force and effect.