Our cancellation policy is , Sunny Days Bike and Beach Sports, INC. will issue a full refund if payment is processed and the cancellation policy is followed. All cancellations must occur outside of forty eight(48) hours prior to requested delivery, utilizing the following methods; phone (850-213-3974) or Email ( firstname.lastname@example.org). Any cancellation that is not our policy (see above), will be issued a store credit, no exceptions. Any item returned early will not receive a refund.
By renting from Sunny Days Bike and Beach Sports, Inc., I agree that all items rented will remain the property of Sunny Days Bike & Beach Sports, Inc. Hereinafter referred to as Sunny Days. All items I have rented or am renting will be returned or made available for pick up on date specified. If at any time during the rental period, these items fail to perform properly, or are damaged, lost or stolen, I will immediately notify Sunny Days. If any of the items rented are lost, stolen or seriously damaged, I will reimburse Sunny Days full replacement value. I agree to allow Sunny Days to use my Credit Card to charge for any repairs or replacement cost incurred on the items I have rented or will be renting.
A Fifty (50) dollar charge will be applied to my credit card for all items rented that are left on the beach for pick up.
Assumption of Risk: I understand and accept that renting this bicycle or water sport and participating in biking exposes me to many hazards and entail unavoidable risk of death, personal injury (including but not limited to severe spinal or head injury) and loss of or damage to property. I also understand I should be in good physical health to participate in bicycling or water sports. I choose to participate in bicycling or water sports despite these risks and hereby assume all risk of injury or loss of life to myself and loss of or damage to property arising out of renting this bicycle or water sport and participating in bicycling or water sports. I understand the inherent risk involved in using this equipment; accept full responsibility for all such damage or injury which may result .
Waiver and Release: In consideration of Sunny Days renting me this bicycle or Water sport, I specifically release and forever discharge Sunny Days and its affiliates, officers, agents, and employees from any and all liability or claims for injury, illness, death or loss of or damage to property which I may suffer while renting this bicycle or Water sport and participating in bicycling or water sports. This discharge specifically includes, but is not limited to, liability or claims for injury, illness, death or damage caused by the negligence of Sunny Days or its affiliates, officers, agents, or employees. It is my intent by the Waiver and Release Agreement to release Sunny Days and hold it harmless from all liability for any such property loss or damage, personal injury or loss of life, whether caused by the negligence of Sunny Days or whether based upon breach of contract, breach of warranty, or any other legal theory. I fully recognize that if injury, illness, death or damage occurs to me while I am engaged in renting this bicycle or water sport or participating in bicycling or water sports, I will have no right to make a claim or file a lawsuit against Sunny Days or its affiliates, officers, agents or employees, even if they or any of them negligently cause my injury, illness, death or damage.
STAND UP PADDLE BOARD (SUP), SURFING & KAYAKING ACTIVITY RELEASE OF LIABILITY, WAIVER OF CLAIMS, EXPRESS ASSUMPTION OF RISK AND INDEMNITY AGREEMENT.
Please read and be certain you understand.
Express Assumption of Risk Associated with STAND UP PADDLE BOARD (SUP), SURFING & KAYAKING Rentals & Related Activities.
I do hereby affirm and acknowledge that I have been fully informed of the inherent hazards and risks associated with Stand Up Paddle board (SUP) , Surfing & Kayaking activities, transportation of equipment related to the activities, and traveling to and from activity sites in which I am about to engage. Inherent hazards and risks include but are not limited to:
Risk of injury from the activity and equipment utilized in Stand Up Paddle board (SUP), surfing & Kayaking is significant including the potential for permanent disability and death.
Stand Up Paddle board (SUP), Surfing & Kayaking rollovers that may cause cuts, broken bones and other injuries including death.
Exposure to water hydraulics, hidden or obvious obstructions, and/ or debris found in the Gulf or lakes can cause drowning or other harm.
Possible equipment failure and/or malfunction of my own or others’ equipment.
My own negligence and/or the negligence of others.
Hazards related to Stand Up Paddleboard (SUP), Surfing & Kayaking which include but are not limited to: collision, capsizing, sinking, or other hazards that may result in wetness, injury, exposure to elements, hypothermia, impact of the body upon the water, upon rocks, injection of water into my body orifices, marine life forms, and/or drowning.
Heat related injuries and illness including but not limited to heat exhaustion, heat stroke, sunburn, and dehydration.
Exposure to outdoor elements, including but not limited to inclement weather, thunder and lighting, severe and or varied wind, temperature or weather conditions.
Attack by or encounter with insects, reptiles, and/or animals.
Accidents or illness occurring in remote places where there are no available medical facilities.
*I understand the description of these risks is not complete and that unknown or unanticipated risks may result in injury, illness, or death.
Release of Liability, Waiver of Claims and Indemnity Agreement
In consideration for being permitted to participate in any way in Stand Up Paddle board (SUP), surfing or Kayaking rentals and related activities, I hereby agree, acknowledge and appreciate that:
I HEREBY RELEASE AND HOLD HARMLESS WITH RESPECT TO ANY AND ALL INJURY, DISABILITY, DEATH, or loss or damage to person or property, WHETHER CAUSED BY NEGLIGENCE OR OTHERWISE, the following named persons or entities, herein referred to as releasee.
To release the releasee, their officers, directors, employees, representatives, agents, and volunteers, and vessels from liability and responsibility whatsoever and for any claims or causes of action that I, my estate, heirs, survivors, executors, or assigns may have for personal injury, property damage, or wrongful death arising from the above activities whether caused by active or passive negligence of the releasee or otherwise. By executing this document, I agree to hold the releasee harmless and indemnify them in conjunction with any injury, disability, death, or loss or damage to person or property that may occur as a result of engaging in the above activities.
By entering into this Agreement, I am not relying on any oral or written representation or statements made by the releasee, other than what is set forth in this Agreement.
This release shall be binding to the fullest extent permitted by law. If any provision of this release is found to be unenforceable, the remaining terms shall be enforceable.
Should damage occur by my actions or from anyone other than the releasee while participating in this activity, or until the rented equipment is returned or picked up by Sunny Days, I will be held liable and accountable for any and all repairs and or replacement, if any damage is done. Replacement or Repair option will be determined by Sunny Days. Replacement cost will be determined by Sunny Days. I understand that Sunny Days will not be required to release damaged equipment to anyone, and Sunny Days will determine proper disposal. Repairs shall be made by the repair shop of Sunny Days choice. Any charges incurred for replacement or repairs will be charged to my credit card on file for security.
I HAVE READ THIS RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT, AND I FULLY UNDERSTAND ITS TERMS, AND UNDERSTAND THAT I HAVE GIVEN UP LEGAL RIGHTS BY AGREEING TO IT, AND I AGREE TO IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.
Bikes, Kayaks and Stand Up Paddle Boards