WAIVER/ RELEASE OF LIABILITY AGREEMENT
By clicking/checking the “Terms and Conditions” box, you acknowledge and agree to the terms outlined below. Please read carefully before proceeding.
PARTICIPATION IN BEACH RELATED RENTAL EQUIPMENT AND BEACH ACTIVITIES WAIVER
In consideration of the benefits derived from the rental and use of beach equipment like beach chairs, beach umbrellas, beach towel/blanket and any other equipment (referred to as the “Operator Equipment”) owned by Shoreline Rentals, and for other valuable consideration, the undersigned, on behalf of themselves, their heirs, executors, administrators, assigns, invitees, guests, and as the parent or legal guardian of any minors identified below (collectively referred to as “I”), hereby acknowledges and agrees to the following terms:
USE OF EQUIPMENT AS INTENDED
I agree to use the Operator Equipment only as intended by its use specified by the manufacturer. I will not use it in the ocean, streets, or any location where it was not intended for use.
RELEASE OF LIABILITY
I hereby release, waive, discharge, and covenant not to sue Shoreline Rentals and its subsidiaries, contractors, Ohuru Yoga (owner/sound practitioner), assigns, insurers, successors, agents, attorneys, owners, officers, trustees, employees, directors, and relatives of employees, agents, and owners (collectively referred to as the “Releasees”) from any and all liability, actions, claims, damages, costs, or expenses, and demands whatsoever, whether in law or equity, arising from or connected with my participation, or the participation of any minors identified below, or the participation of my invitees and guests, in the rental, and use of the Operator Equipment along with participating in Beach Classes like yoga and sound meditation at the beach.
ASSUMPTION OF RISK
I understand and accept all risks associated with the rentals, participating in class activities and use of the Operator Equipment, including but not limited to injuries, disability, death, or property damage, whether caused by the negligence of the Releasees or otherwise. I acknowledge the inherent risks of engaging in recreational, athletic, physical, or other activities and assume full responsibility for any consequences.
SITE AND EQUIPMENT INSPECTION
I agree to be fully responsible for inspecting the site and all Operator Equipment before use or participating in class actives, consulting a physician before engaging in physical activities like Beach Yoga and Sound Bath Meditation at the beach, and adhering to proper conduct and performance during participation. It is your responsibility to inform the instructor (Yoga Instructor or Sound Practitioner) of any injuries or health constraints/limitations before the session begins. I understand that the Releasees have no responsibility or liability for injuries resulting from our failure to conduct activities properly or any condition of the Operator Equipment.
INDEMNIFICATION
I agree to indemnify and hold the Releasees harmless from any liability, actions, claims, damages, costs, or expenses, including reasonable attorneys’ fees, arising from our rental and use of the Operator Equipment.
DAMAGES TO EQUIPMENT
I acknowledge that I am responsible for returning every rental item in the same condition as received. In the event of damage, I understand and agree to be held financially responsible. The charges for damages are as follows: $40 per Beach Chair, $20 per Beach Umbrella, and $30 per Beach Towel.
LEGAL FORCE AND EFFECT
I expressly agree that this agreement is intended to be as broad and inclusive as permitted by the law of the State of California. If any portion is held invalid, the remaining provisions shall continue in full legal force and effect.
ACCEPTANCE
By booking a rental product, I acknowledge that I have read and voluntarily agreed to this release, waiver of liability, and indemnity agreement for myself, my invitees and guests, and any minors identified below.
AGE REQUIREMENT
The individual accepting this agreement must be over the age of 18. If someone under 18 wishes to participate, the child’s parent or legal guardian must complete the following section below.
FOR MINORS:
By booking for a rental product, I affirm that I am the parent or legal guardian of the minor(s) using the Operator Equipment, agreeing to all terms on their behalf. I shall indemnify the Releasees for any liability incurred due to the use of the Operator Equipment by minors for whom I am not the parent or legal guardian.