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Ocean

Rental Agreement and Waiver

Feel free to review the documents here.  They can be filled out from the customer portal after making a reservation.

Poynt Break Rental Agreement
 

Customer Name: _____________________________________________________________

 

Poynt Break Rental Agreement

This agreement is made on the above date by and between Poynt Break, and the undersigned hereafter referred to as Customer(s).

 

Rental Terms and Conditions of Use:

The Customer acknowledges that:

  • they are skilled enough, strong enough, and experienced to operate the equipment rented from Poynt Break safely,

  • any questions that the Customer has regarding this activity have been addressed to the Customer's satisfaction,

  • paddleboards, kayaks, and canoes are intended for use by one, two, or three persons, depending on the craft; the Customer agrees not to overload,

  • they must follow all safe boating regulations and procedures per Utah State law and guidelines,

  • life jacket/personal flotation device (PFD) will be securely fitted and worn whenever the Customer is on the water,

  • Poynt Break has their approval to charge the credit card on file for damages, loss, and fines resulting from their use of the kayaks, paddleboards, canoes, or any other equipment,

  • to comply with all Poynt Break Rental Terms and Conditions and pay any applicable fees, as included below,

  • to refrain from drug or alcohol use before or during the use of rented equipment,

    • It is illegal for boat operators to consume alcohol or drugs

  • return equipment on time, early returns will be charged a total rental rate. Rentals are not prorated

  • they are 18 years of age or older. no one under 18 is allowed to rent Poynt Break equipment,

  • they may not use rented equipment for any use not intended by the manufacturers, 

  • they may not use the equipment for any illegal purpose or unlawful manner; in a reckless, abusive, or negligent manner (including dragging or paddling up onto a beach); or in low-visibility conditions,

  • in no event will they sub-lease Poynt Break equipment to another person or entity. The Customers' rights under this agreement are non-transferable,

  • Poynt Break staff do not have the right to change any of the terms or conditions of this agreement,

  • if any provision of this agreement is void, invalid, or unenforceable, such finding shall not affect the validity or enforceability of any other part of this agreement, and

  • this agreement constitutes the parties' entire understanding concerning the subject matter contained herein.

 

The Customer acknowledges that the estimated replacement value of items rented is up to $500 for each kayak or paddleboard rental and $2000 for each Canoe. Additionally, the Customer agrees that the credit card on file may be charged for any accrued fees by signing this agreement.

 

Fees for Violation of Terms & Conditions:

  • Poynt Break will charge any lost or stolen equipment to the credit card on file; the charge will reflect the total replacement cost and may include surcharges for any necessary rush orders.

  • Customers will be charged the total cost of any damaged parts on all kayaks, paddleboards, canoes, and associated equipment, plus $35/hour for repair labor.

  • Customers will be charged a $60 replacement fee for damaged PFDs; we cannot repair damaged life jackets.

  • If any item cannot be satisfactorily repaired, Customers will be charged the total replacement cost of the item.

  • A cleaning fee of $50 will be charged for any boats, boards, and/or other equipment brought back in an excessively dirty state, including excessive gravel, sand, dirt, trash, or food. Moderate sand and dirt are acceptable and will not incur an additional fee.

  • Any loss or damage to the equipment caused by the Customer's operation or oversight is the Customer's sole responsibility.

  • The Customer is responsible for being aware of tides, currents, winds, boat traffic, and weather predictions.

  • Any Search & Rescue operations or extractions (emergency or otherwise) are at the Customer's sole expense.

  • Any damage or loss of equipment due to a Search & Rescue operation or extraction is the Customer's sole responsibility.

RELEASE OF LIABILITY, ASSUMPTION OF RISK & INDEMNIFICATION AGREEMENT

POYNT BREAK LLC

In consideration of the services of Poynt Break LLC, its agents, owners, officers, volunteers, participants, sister or subsidiary corporations, employees, sales agents, subcontractors, and all other persons or entities acting in any capacity on their behalf (hereinafter collectively "Poynt Break"). I hereby agree as follows:

1. INHERENT RISKS: I acknowledge that I AM ULTIMATELY RESPONSIBLE for my safety while using Poynt Break rental equipment. I assume the risks and hazards of using the rental equipment, whether known or unknown. I acknowledge that there are inherent risks in an activity for water sports, such as kayaking, stand-up paddleboarding, canoeing, and other related activities. Both known and unanticipated risks could result in physical or emotional injury, death, or damage to myself, property, or third parties. I understand that Poynt Break cannot eliminate such risks. I also understand and acknowledge that failing to use or properly use safety equipment increases my risk of injury or death while using water sports equipment. The inherent risks associated with the activity in which I am about to participate include, but are not limited to vessel collisions; capsizes; drowning or other causes of death; contact with submerged hazards; encountering currents and unpredictable conditions; lightning; dangerous weather events; open water crossings; natural hazards; encountering dangerous or aggressive wildlife or insects; strains; falls; fractures; concussions; and total or partial paralysis. It is possible that I could be injured if I come in contact with kayaks, paddleboards, canoes, paddles, or other equipment necessary to the operation of the equipment; the equipment may break down; it is possible that loss of control of the equipment could occur resulting in collision or capsizing or sinking causing me to enter the water; while in the water I may become disoriented, panicked, or experience trauma; I can slip or fall getting to and from the equipment. I understand that the areas where I might hike or walk sometimes hide dangerous obstacles; accidents can occur getting into and out of the equipment; exposure to the natural elements could cause sunburn, dehydration, or heat-related illness. I understand that prolonged exposure to cold water can result in "cold water immersion" syndrome or "cold shock," hypothermia, and in extreme cases, death; communication on the water in which this activity occurs is sometimes difficult, and in the event of an accident, rescue and medical treatment may not be immediately available.

I expressly acknowledge that if I choose to consume drugs or alcohol, I will bear complete responsibility for myself and any damages I may cause to Poynt Break, its property, or other persons.

2. EXPRESS ASSUMPTION OF ALL INHERENT RISKS: As lawful consideration for being allowed to participate in activities offered by Poynt Break, I expressly agree and promise on behalf of myself and any of the children for which I am responsible, to accept and assume all the risks existing in this activity. My/our participation in this activity is purely voluntary, and I/we elect to participate despite the risks. I/we expressly agree and acknowledge that the terms and conditions of this Release of Liability, Waiver of Claims, Assumption of Risks and Indemnity Agreement are contractual and that I/we are signing it of our own free will.

3. RELEASE OF LIABILITY. I expressly understand that I AM RELEASING, DISCHARGING AND WAIVING ANY AND ALL CLAIMS OR ACTION that I may have presently or in the future for the acts or other conduct, whether or not negligent, by Poynt Break, its staff, its owners, directors, or officers (the "Released Parties"), by me, or any other third party or person. Furthermore, I intend to release, exempt, and relieve the Released Parties from all liability, causes of action, claims, and demands that may arise in any way from any injury, death, loss, damage, or harm that may occur to me or any other person or to any property regardless of any negligence on the Released Parties' part, except to the extent of any of the Released Parties' gross negligence, intentional or reckless misconduct or any other liabilities not permitted to be contractually excluded under Utah law. I agree to DEFEND, INDEMNIFY AND HOLD Released Parties HARMLESS from and against all claims, including claims for their or my negligence, as well as for any costs, claims, expenses, or liabilities arising from my participation or conduct before, during, or after kayaking or paddleboarding, including but not limited to attorneys' fees and court costs. I agree not to sue or make a claim against the Released Parties for death, injuries, loss, or harm that may occur before, during, or after the kayaking or paddleboarding activity.

4. DUTY TO FOLLOW RULES & PAY FOR DAMAGES. I agree to abide by all the rules and follow Poynt Break's staff's verbal and written guidelines. I agree to listen carefully to the Poynt Break staff and follow their instructions, whether or not we are on land or water, or on or off the equipment. Whenever I am on the water, I WILL, AT ALL TIMES, WEAR A LIFE VEST OR PERSONAL FLOTATION DEVICE. I agree that I will be liable for and shall pay Poynt Break any cost for damage to Poynt Break equipment arising from my misuse of the equipment or negligence.

5. GOVERNING LAW. This Agreement shall be construed according to Utah State law. The prevailing party will be entitled to their attorneys' fees and costs.

6. BINDING ON MY ESTATE AND REPRESENTATIVES. I voluntarily agree on behalf of my estate, heirs, representatives, and assigns that they will be obligated to adhere to, be bound by, and enforce the terms of this Agreement, including the release and indemnification terms. They will waive, discharge, hold harmless, defend and indemnify the Released Parties from all claims or any cause of action, except to the extent not permitted to be contractually excluded under Utah law.

7. SEVERABILITY & ENTIRE AGREEMENT. This Agreement is between the parties and cancels any prior agreements or understandings. If any part of this Agreement is determined invalid, illegal, or unenforceable, the remaining terms shall be enforceable to the fullest extent permitted by law.

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