Waiver

Release of Liability, Waiver of Claims, Assumption of Risks, and Indemnity Agreement

Rental Surf Equipment Schedule:

  • Half day rental (4 hours): from 7:00 am to 11:00 am or from 2:00 pm to 6:00 pm.
  • Full day rental (more than 4 hours): from 7:00 am to 6:00 pm.

The surf equipment will be picked up at Zoah Surf facilities and will be returned in the same place on the date, time and place agreed by Zoah and the person renting it. Failure to comply with the schedule will imply a half-day extra surcharge (Q80). The delivery before the end of the contract will not cause any type of payment or refund.

 

Assumption of Risk: I am aware that surfing is an activity that involves the risk of injury or even death. I am aware that there is a risk of negligence by Zoah Surf or its agents or assigns, including the failure by ZOAH SURF or it's agents or assigns to safeguard or protect me from or warn me of the risks, dangers, and hazards of surfing. I freely accept and fully assume all risks, dangers and hazards associated with participating in a ZOAH surfing instruction class, rental or event and the possibility of loss, personal injury or death resulting therefrom.

 

In consideration of participating in a ZOAH SURF surfing class, rental, or event I hereby agree as follows:

To waive any and all claims that I have or may in the future have against ZOAH and to release ZOAH 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 an ZOAH surfing instruction class, rental or event due to any cause whatsoever, including negligence, breach of contract or breach of any statutory or other duty of care, on the part of ZOAH, and further including the failure on the part of ZOAH to safeguard or protect me from or warn me of the risks, dangers and hazards of participating in an ZOAH surfing instruction class, rental or event;

To hold harmless and indemnify ZOAH SURF from any and all liability for any property damage or personal injury to any third party resulting from my participation in a ZOAH surfing instruction class, rental or event.

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

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 Guatemala and no other jurisdiction.

When engaging in the rental or use of ZOAH SURF rental equipment 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 surfboard, I agree to pay a surfboard damage fee of US$25/inch (maximum limit of liability for surfboard damage is $300.); and should the rental become lost or stolen the maximum liability limit will be charged.

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


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