Waiver of Liability

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 I am fully aware of the risks and hazards inherent to participation of Stand Up Paddle Boarding (SUP) and Kayaking. Such risks and hazards include, but are not limited to, boat capsizing; being hit by or colliding with other Stand Up Paddlers, kayakers, boats, seagoing vessels, swimmers, rocks, cliffs, and aquatic life; tidal conditions and currents; rapidly changing weather and water conditions (strong wind, cold storms, large waves, eddies, and whirlpools). I am also aware of the risk of exhaustion, dehydration, water pollution; adverse weather conditions, sun/heat exposure, prolonged exposure to cold water, hypothermia, accidental drowning; wrist, arm, shoulder, and/or back injuries and rapidly changing weather and water conditions. I further understand there is the possibility of death or serious physical (wrist, arm, shoulder, and/or back injuries) or mental trauma or injury (ex. Paralysis) associated with SUP and Kayaking. I hereby voluntarily assume all risks of loss, damage, injury or death that may be sustained by me (or the person(s) I am the legal guardian of, such as my child) and any damage to any of my property (or the person(s) I am legal guardian of, such as my child's property) while I am participating in Stand Up Paddle Boarding and Kayaking from REC N ROLL INC.

I certify that I have (or the person(s) I am the legal guardian of, such as my child) adequate insurance to cover any injury or damage I may (or the person(s) I am the legal guardian of, such as my child) cause or suffer while participating in SUP, Kayaking or fitness, or else I agree to bear the costs of such injury or damage myself. I further declare that

I hereby authorize any medical treatment deemed necessary in the event of any injury while participating in the activity. I either have appropriate insurance or, in its absence, agree to pay all costs of rescue and/or medical services as may be incurred on my/our behalf. I am willing to assume the risk of any medical or physical condition I (or the person(s) I am the legal guardian of, such as my child) may have, including, but not limited to pregnancy, heart condition, back problems, loss of consciousness, and/or epilepsy. In respect of renting Stand Up Paddle Boards REC N ROLL INC. I hereby agree to: 

1. To waive any and all claims that I have or may in the future have against REC N ROLL INC. and to release REC N ROLL INC. DBA SUP Napa from any and all liability for any loss, damage, expense, or injury, including death, that I may suffer or that my next of kin may suffer as a result of my participation in a REC N ROLL INC. DBA SUP  Napa activity due to any cause whatsoever, including negligence, breach of contract or breach of any statutory or other duty of care, on the part of REC N ROLL INC. DBA SUP Napa, and further including the failure on the part of REC N ROLL INC. DBA SUP NAPA to safeguard or protect me from or warn me of the risks, dangers, and hazards of participating in a REC N ROLL INC. DBA SUP NAPA rentals paddle board, kayak rental, or physical activity; 

2. Furthermore, REC N ROLL INC. DBA SUP Napa guides have difficult jobs to perform. They seek safety, but they are not infallible. They might be unaware of a participant’s fitness or abilities. They might misjudge the weather, the elements, or the terrain. They may give inadequate warnings or instructions, and the equipment being used might malfunction. I expressly agree and promise to accept and assume all of the risks existing in this activity. My participation in this activity is purely voluntary, and I elect to participate in spite of the risks. To hold harmless and assure REC N ROLL INC. DBA SUP  Napa from any and all liability for any property damage or personal injury to any third party resulting from my participation in a REC N ROLL INC. DBA SUP Napa paddle board rental, or physical activity; 

3. This Release Agreement shall be effective and binding upon my heirs, next of kin, executors, administrators assign, and representatives, in the event of my death or incapacity;

4. This Release Agreement and any rights, duties, and obligations as between the parties to this Release Agreement shall be governed by and interpreted solely in accordance with the laws of the State of California and no other jurisdiction;

5. Any litigation involving the parties to this Release Agreement shall be brought solely within the State of California;

6. When participating in the rental or use of REC N ROLL INC. DBA SUP Napa rental equipment or physical activity, I agree 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. Should I damage a Stand Up Paddle Board or Kayak, I agree to pay a damage fee not to exceed $300.00 per board or kayak. Should I lose or damage a Stand Up Paddle Board beyond repair, I agree to pay a replacement fee not to exceed $750.00. Should I lose or severely damage a SUP paddle, I agree to pay a replacement fee not to exceed $75.00. Accessories such as, Paddles, Leashes, Life-jackets, Air Pumps, and Parking Passes won’t exceed $150 if lost, stolen, or damaged per piece. 

6.a At any point, before, during, or after my rental, REC N ROLL INC. DBA SUP Napa may place a hold on my card at their discretion. The hold is authorized for 7 days, and could be extended if applicable. The hold on a card will not exceed the price above for lost or damaged gear.

7. If I am not present during the delivery or return of my Stand Up Paddle Board, I will be fully responsible for any loss, theft or damage to the board or kayak;

8. If the participant is a minor, the parent or legal guardian warrants and represents that this Release Agreement, its significance, and the assumption of risk, have been explained to and understood by the minor child or ward. I hereby declare, under penalty of perjury, that I am the parent or legal guardian of the named participant.

9.  I agree that any film or photographs of me/us, as participants, become the property of REC N ROLL INC. and may be used for promotional or commercial purposes.

10. This waiver of liability is subject to change at any time.

Assumption of the Risk and Waiver of Liability Relating to Coronavirus/COVID-19 The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious and is believed to spread mainly from person-to-person contact. As a result, federal, state, and local governments and federal and state health agencies recommend social distancing and have, in many locations, prohibited the congregation of groups of people. REC N ROLL INC. has put in place preventative measures to reduce the spread of COVID-19; however, REC N ROLL INC. cannot guarantee that you or your child(ren) will not become infected with COVID-19. Further, attending REC N ROLL INC. could increase your risk and your child(ren)’s risk of contracting COVID-19. 

By signing this agreement, I acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that my child(ren) and I may be exposed to or infected by COVID-19 by attending REC N ROLL INC. and that such exposure or infection may result in personal injury, illness, permanent disability, and death. I understand that the risk of becoming exposed to or infected by COVID-19 at REC N ROLL INC. may result from the actions, omissions, or negligence of myself and others, including, but not limited to, REC N ROLL INC. employees, volunteers, and program participants and their families. I voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to my child(ren) or myself (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind, that I or my child(ren) may experience or incur in connection with my child(ren)’s attendance at REC N ROLL INC. or participation in REC N ROLL INC. programming (“Claims”). On my behalf, and on behalf of my children, I hereby release, covenant not to sue, discharge, and hold harmless REC N ROLL INC., its employees, agents, and representatives, of and from the Claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto. I understand and agree that this release includes any Claims based on the actions, omissions, or negligence of REC N ROLL INC., its employees, agents, and representatives, whether a COVID