Skim board

The following is a legally binding agreement between me and Beach 2U LLC, doing business as Beach 2U. By using any service, or purchasing any goods, of Beach 2U, I acknowledge that I am entering into an agreement on behalf of myself and any participant in my party (collectively referred to herein as “I”), including minors that I hold permanent or temporary responsibility/custody/guardianship, that may use any or all elements of my Beach 2U rental package, food, or retail products. 

I hereby state that I have read, understood and agree to each of the following terms, conditions, notices and waivers:

I accept: (a) for use “as is” any, snorkeling equipment, boogie boards, skimboards, sports equipment, beach toys and/or beach equipment, such as chairs, umbrellas,  towels, and iced chests or coolers (collectively herein referred to as “Beach Gear”) rented or purchased from Beach 2U LLC, a Hawaii Limited Liability Company, doing business as Beach 2U; (b) full and sole responsibility for the care of the Beach Gear while in my possession; and (c) full and sole responsibility for the replacement at full retail value of any Beach Gear not returned or that is damaged beyond ordinary wear and tear.

I understand, I am informed, and I am warned that (a) participation in any activities and/or use of Beach Gear in or near the ocean, shores, bike paths or bike areas, paths, sidewalks, trails, public roads, beaches, bays, shorelines, roadways, and/ or the use of masks, snorkels, fins, bodyboards (a.k.a. boogie boards), skim boards, flotation devices, beach chairs, umbrellas and other Beach Gear pose inherent and other risks that could cause injury, paralysis, dismemberment, death or property damage, including, but not limited to, death or injury from marine life, for example: sharks, jellyfish, monk seals or other marine life and/or marine conditions, drowning, suffocation, or falling; (b) dangerous conditions may exist or arise at any time without warning, including, but not limited to, loose, wet, uneven, and unsafe beach terrain, vehicular traffic and pedestrians, high surf, strong waves, large isolated or rogue waves, surging water, coral reef, shore break, waves breaking in shallow water, changing tides, strong currents and/or rip currents, undertows, rain, strong winds, and/or offshore winds and adverse weather conditions; (c) I may suffer heatstroke and weather exposure, dehydration, extreme exertion, motion sickness, sunburn, loss of consciousness, heart attack, panic, hyperventilation, difficulty breathing, water inhalation, physical and psychological stress, migraines, seizures, pulmonary edema, eye, ear and sinus injury, head trauma, harmful or deadly contact with marine life, vehicular traffic, collisions with buoys, propellers, sharp rocks, debris, reefs, shores, boats, Beach Gear, and other people or their beach gear, objects, causing bruises, bites, cuts, contusions, burns, strains, sprains, fractures, permanent scars, disfigurement, concussions, paralysis, surfer’s myelopathy, staph infection, anaphylactic shock and/or death; (d) if I am a person with a pre-existing medical condition, such as heart problems, obesity, diabetes, severe allergies, food allergies, ear problems, back/knee problems, recent surgery, pregnancy, or sinus issues, I take full responsibility to consult my physician before using any Beach 2U Beach Gear, consume any food delivered by Beach 2U, use any of the retail products, or participate in any Beach 2U activities; (e) the United States Food and Drug Administration (FDA) recommends that refrigerated foods be safely stored in temperatures below 40℉ (approx. 4℃), and if the internal temperature of the cold food exceeds 45℉ (approx. 7℃) it should be consumed as soon as possible, to reduce the risk of exposure to e. coli, botulism, or salmonella; (f) Beach 2U will deliver all food at safe storage temperatures, therefore, I will take responsibility to keep my provided freezable bag or tote closed as much as possible to maintain safe storage temperatures; and (g) if my food reaches an unsafe temperature, or has the appearance/smell of any spoilage, I take responsibility to immediately discard the food in question; (h) dangerous animals are located in Hawaiian waters and there have been turtle, monk seal, moray eel, shark and other animal bites resulting in serious injury, dismemberment and death; (i) being bitten by a dangerous animal is a risk of using this Beach Gear anywhere in or near the ocean; (j) I will take responsibility to always swim or board accompanied by an individual or within proximity to an area overseen by a lifeguard; (k) I take responsibility avoid swimming in murky, unclear water; (l) I take responsibility to always swim or board close to shore; (m) I take responsibility to never paddle out further than I am capable of swimming back to shore; and (n) the above described risks are not exhaustive nor complete, and other risks or events that are inherent, known or unknown, anticipated or unanticipated, may result in injury, paralysis, dismemberment, death or property damage.

I agree (a) that the Beach Gear is solely for recreational use and is not intended or guaranteed to ensure my personal safety in or near the ocean or shore, on or near bike paths or bike areas, pathways, sidewalks, trails, public roads, beaches, bays, shorelines, and roadways, and is not a substitute for being a strong swimmer in good physical condition; (b) that I understand the proper use and function of the Beach Gear; (c) that I will use the Beach Gear in a reasonable and safe manner and only for its intended use; (d) that I will personally examine the Beach Gear prior to each use; (e) that if at any time I feel the Beach Gear is damaged or not functioning properly, I will stop using it immediately, notify Beach 2U and return it to my delivery driver; (f) that I will not turn my back on the ocean when I am near a shoreline; (g) that offshore winds can blow me offshore while bodyboarding; (h) that I will abide by all traffic laws when picking up and dropping of my rented Beach Gear; (i) that I will be vigilant and use common sense and good judgment at all times; and (j) that I am responsible for learning, researching and understanding the skills and conditions that are inherent in the environment in which I will be using the Beach Gear, including, but not limited to, the natural conditions of the ocean, shores, roads, off roads,, paths, trails, hills or mountains.

I certify that (a) my use of the Beach Gear and/or participation in any activities is purely voluntary; (b) I am in relatively good physical health; (c) I am physically able to use the Beach Gear and/or participate in any activities safely; (d) I have experience using the Beach Gear or will be safely accompanied by someone who has; (e) I have chosen to use the Beach Gear and/or participate in activities having full knowledge of the risks, dangers and hazards; and (f) if I am picking up or dropping off Beach Gear on or near public roadways, I acknowledge the risks, dangers and hazards, and (g) I take responsibility to obey all laws, including, but not limited to, pedestrian and traffic laws; and (h) I voluntarily and expressly assume all risks of injury, paralysis, dismemberment, death or property damage that may result from use of the Beach Gear or participation in any activities.

I hereby agree to (a) HOLD HARMLESS, DEFEND AND INDEMNIFY Beach 2U LLC, and their affiliates and subsidiaries, and each of their respective employees, officers, directors, owners, agents, contractors or assigns, and the Beach Gear manufacturers and distributors (collectively, the “Released Parties”), for any and all claims for injury, paralysis, dismemberment, death or property damage related to use of the Beach Gear and/or participation in activities; and (b) FULLY RELEASE AND DISCHARGE the Released Parties from any and all claims based on negligence, breach of warranty, failure to warn, gross negligence, contract or other legal theory, and for damages for injuries related in any way to the selection, maintenance, adjustment or use of the Beach Gear and/or participation in any activities.

I agree that ONLY the person signing and/or any participant in my party, including minors that I hold permanent or temporary responsibility/custody/guardianship will use the Beach Gear and/or participate in any activities. Should any other person with permission of any undersigned use the Beach Gear and/or participate in any activities, I agree to be personally liable and financially responsible for all loss or damage to persons or property related to the unauthorized use of the Beach Gear and/or participation in the activities, and I agree to hold harmless, defend and indemnify the Released Parties for any such loss or damage to persons or property related to the unauthorized use of the Beach Gear and/or participation in the activities.

If any provision of this agreement is subsequently determined to be illegal, invalid or unenforceable under the law, I understand and acknowledge that said provision(s) shall be severed from this agreement and the remaining portions hereof shall survive intact and remain in full force and effect.

I hereby agree that this agreement is governed by Hawaii law, without regard to conflict of laws, provisions, and venue of any dispute that relates to or arises out of this agreement or otherwise between the parties shall be the Second Circuit Court, State of Hawaii.

I FURTHER UNDERSTAND AND ACKNOWLEDGE THAT ANY SUIT OR LEGAL PROCEEDING FOR PERSONAL INJURY, PARALYSIS, DISMEMBERMENT, DEATH or PROPERTY DAMAGE AGAINST THE RELEASED PARTIES SHALL BE COMMENCED WITHIN NO SOONER THAN ONE (1) YEAR FROM THE DAY ON WHICH THE INJURY, LOSS OR DEATH OCCURRED.

I AFFIRM THAT I AM AT LEAST 18 YEARS OF AGE AND OF CLEAR MIND; THAT I HAVE READ, UNDERSTOOD AND AGREED TO EACH OF THE ABOVE TERMS, CONDITIONS AND NOTICES; THAT THIS IS A BINDING AGREEMENT, WHICH IS ENFORCEABLE UPON PURCHASE OF GOODS OR SERVICES FROM BEACH 2U, AGAINST ME AND ANY OTHER MEMBER OF MY PARTY, AND AGAINST MY AND THEIR FAMILY, CHILDREN, HEIRS, ASSIGNS, PERSONAL REPRESENTATIVES, TRUSTEES, BENEFICIARIES AND ESTATE; AND THAT I UNDERSTAND THE SIGNIFICANCE AND EFFECT OF THIS AGREEMENT AND EXECUTE IT BY MY OWN FREE ACT.