Terms

*The Lessee Acknowledges that Lessee has inspected the equipment (baby equipment, linens and beach equipment) and has determined that same is in good condition and suitable for the purpose for which it has been leased. The Lessee shall only use the property in the manner for which it is designed and intended to be used. Lessee recognizes that the property is being received AS IS and WITH ALL FAULTS. LESSOR MAKES NO REPRESENTATIONS, PROMISES EXPRESSED OR IMPLIED, CONCERNING THE MERCHANTABILITY, SUITABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OF THE PROPERTY. LESSOR EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER ARISING FROM STATUTE, COMMON LAW, CUSTOM, OR OTHERWISE.

*Lessee assumes all responsibility for equipment (baby equipment, linens and beach equipment) while out of possession of lessor, and promises to return such equipment to the lessor in as good condition as it was at the effective date of the lease, natural wear from a responsible use expected. Lessee shall be liable for any loss, theft, damage or destruction of leased property. All equipment lost or damaged beyond repair will be paid by the lessee at regular replacement price. All damaged equipment which may be repaired will be repaired by the lessor, on return thereof and the cot for such repairs shall be paid the lessee. Accrued rental charges cannot be applied against the purchase price or cost of repairs of such damaged or lost equipment. Scheduled rental rates being when the equipment leaves our store and continues until returned. Lessee shall indemnify and hold Lessor harmless from any and all claims, damages, or proceedings (including all costs, expenses, and attorney’s fees) related to or arising out of Lessor’s use or possession of the equipment. This equipment shall be used by the Lessee only. This writing contains and constitutes the entire agreement between the parties. This lease agreement can only be modified by written agreement signed by both Lessor and Lessee. The Lessee represents that Lessee is at least eighteen (18) years of age and under no disability which will prevent Lessee from entering into this agreement. Lessee agrees not to part with or assign this lease or the equipment without the written consent of Lessor.

*The Lessee Acknowledges that Lessee has inspected the equipment (baby equipment, linens and beach equipment) and has determined that same is in good condition and suitable for the purpose for which it has been leased. The Lessee shall only use the property in the manner for which it is designed and intended to be used. Lessee recognizes that the property is being received AS IS and WITH ALL FAULTS. LESSOR MAKES NO REPRESENTATIONS, PROMISES OR WARRANTIES, EITHER EXPRESSED OR IMPLIED, CONCERNING THE MERCHANTABILITY, SUITABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OF THE PROPERTY. LESSOR EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER ARISING FROM STATUTE, COMMON LAW, CUSTOM, OR OTHERWISE.

*Lessee assumes all responsibility for equipment (baby equipment, linens and beach equipment) while out of possession of lessor, and promises to return such equipment to the lessor in as good condition as it was at the effective date of the lease, natural wear from a responsible use expected. Lessee shall be liable for any loss, theft, damage or destruction of leased property. All equipment lost or damaged beyond repair will be paid by the lessee at regular replacement price. All damaged equipment which may be repaired will be repaired by the lessor, on return thereof and the cot for such repairs shall be paid the lessee. Accrued rental charges cannot be applied against the purchase price or cost of repairs of such damaged or lost equipment. Scheduled rental rates being when the equipment leaves our store and continues until returned. Lessee shall indemnify and hold Lessor harmless from any and all claims, damages, or proceedings (including all costs, expenses, and attorney’s fees) related to or arising out of Lessor’s use or possession of the equipment. This equipment shall be used by the Lessee only. This writing contains and constitutes the entire agreement between the parties. This lease agreement can only be modified by written agreement signed by both Lessor and Lessee. The Lessee represents that Lessee is at least eighteen (18) years of age and under no disability which will prevent Lessee from entering into this agreement. Lessee agrees not to part with or assign this lease or the equipment without the written consent of Lessor.

 

Ocean Rentals, Ltd.

PARTICIPANT AGREEMENT, RELEASE AND ASSUMPTION OF RISK

In consideration for Ocean Rentals, Ltd., renting watercraft and/or bicycle(s) the undersigned (the “Participant”) agrees to

all the rules, agreements, releases, and content of this agreement.

Acknowledgment of risks. Participant acknowledges that there are inherent risks in the use of any watercraft and/

or bicycle including but not limited to: traffic; risk of fall; deep water; submerged objects; unknown hazards; other

watercraft; changing currents; severe weather; equipment failure or malfunction; exposure to potentially dangerous wild

animals, insect bites, hazardous plant life; travel in remote areas with poor or no access to emergency and/or medical

services; Participant’s physical condition and ability; the physical exertion associated with this activity; and any inability

to control the craft or bicycle. Participant acknowledges that these risks (both known and unanticipated) pose a threat to

Participant’s safety and that these and other factors may result in physical or emotional injury, death, and/or damage to

Participant, property or to third parties. Participant acknowledges that these risks may be unpredictable and may change

recommended precautions and procedures without notice. Participant understands that such risks simply cannot be

eliminated without jeopardizing the essential qualities of the activity.

Assumption of risk. Participant expressly agrees and promises to accept and assume all of the risks existing in this

activity. Participation in this activity is purely voluntary, and Participant elects to participate in spite of the risks. Participant

is willing to assume the risk of any medical and/or physical conditions or fitness limitations Participant may have, known

or unknown. Additionally, Participant agrees to wear a U.S. Coast Guard approved personal flotation device (life jacket)

while engaging in watercraft-related activity. If Participant is a minor, the undersigned further agrees as a parent or

guardian of Participant to indemnify, defend and hold harmless Ocean Rentals, Ltd. from any and all claims brought by, or on behalf of said minor.

Release/Indemnity. Participant, on his/her own behalf, and on behalf of Participant’s spouse, children, parents, heirs,

assigns, personal representative and estate, hereby voluntarily agrees to release, forever discharge, indemnify, defend

and hold harmless Ocean Rentals, Ltd., its agents, owners, officers, volunteers, and employees from and against all

liabilities, losses, claims, damages to persons or property, expenses (including, without limitation, reasonable costs and

attorney’s fees, and reasonable costs and attorney’s fees on appeal), judgments, proceedings, and causes of action

of any kind arising out of, resulting from, relating to, or in any way connected with this activity – including any claims

that allege negligent acts or omissions. Participant agrees to indemnify and hold harmless Ocean Rentals, Ltd. for any

attorney’s fees and costs required to enforce or defend this agreement.

Participant understands that Ocean Rentals, Ltd. does not carry participant insurance. Participant certifies that he/she has

adequate insurance to cover any injury or damage Participant may cause or suffer while participating in this activity, or

else Participant agrees to bear the costs of such injury or damage.

This agreement is signed in Virginia Beach, Virginia, and shall be construed and governed by the laws of the

Commonwealth of Virginia, without regard to any conflict of laws. The parties agree to submit to the jurisdiction of the

competent courts of the City of Virginia Beach, Virginia.

If any provision of this agreement is found to be void or unenforceable, the remaining provisions and agreement shall

By signing this agreement, Participant acknowledges that he/she waives the right to institute a lawsuit against Ocean

Rentals, Ltd. on the basis of any claim from which Participant has released it herein, and that he/she has had sufficient

opportunity to read and understand this entire agreement.

Participant agrees to cooperate in the filing of a police report in the event the equipment rented is damaged, lost or stolen.

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* We look forward to serving you! rob@oceanrentalsltd.com

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