BOARD RENTAL AGREEMENT
IMPORTANT - READ THIS CAREFULLY BEFORE AGREEING TO RENT or RENT OUT A BOARD.
For the purposes of this Agreement,
a “Board” is any type of equipment made available for rent through the SURF NEUTRAL website (the “Site”);
the “Renter” is the person renting the Board or other equipment using an account created on the Site,
the “Board Host” is the owner or authorized agent for the Board made available for rent via the Site.
This Board rental agreement (“Agreement”) is a binding agreement between the Renter and the Board Host.
SURF NEUTRAL Int., (“SURF NEUTRAL”) is a party to this Agreement solely to the extent necessary to facilitate the rental transaction and is otherwise a third-party beneficiary of this Agreement.
The Board Host enters into this Agreement and allows the Renter to rent and use the Board, along with any associated equipment (the “Rental”) only on the condition that the Renter accepts all of the terms in this Agreement.
By entering into this Agreement to rent and use the Board, the Renter acknowledges that
he or she has read and understood this Agreement;
he or she agrees to be bound by all of the terms of this Agreement;
he or she is knowledgeable with respect to the type of equipment being rented; and
if he or she is a beginner to surfing, he or she is hereby advised to seek the assistance of a qualified surf school.
IF YOU DO NOT ACCEPT THIS AGREEMENT, YOU WILL NOT BE PERMITTED TO RENT THE BOARD OR ANY OTHER EQUIPMENT.
This Agreement is effective on the date the Renter agrees to the terms and conditions as provided herein (“Effective Date”).
The Renter and the Board Host agree as follows:
1. RENTAL
1.1 Agreement to Rent.
By accepting this Agreement, the Board Host agrees to rent the Board to the Renter, and the Renter agrees to rent the Board from the Board Host, on the terms and subjects to the conditions set forth herein, and for the period agreed via the Site (the “Rental Period”).
1.2 Condition of Board.
By making the Board available for rent hereunder, and agreeing to the terms of this Agreement, the Board Host represents and warrants that (i) he or she is the sole owner of the Board, or that he or she has full agency or other authority to enter into this Agreement and to rent out the Board to the Renter; (ii) the Board has been accurately described on the Site (iii) except as clearly set forth on the Site, the Board is in proper floating condition, has been maintained and contains a leash and all functionality necessary for the Renter to attain his or her expected use of the Board during the Rental Period. Unless expressly agreed, the Rental does not include additional equipment, such as wetsuit, board bag, helmets, car racks or additional wax.
1.3 Refunds and Cancellations.
All Rentals are subject to our Cancellation Policy, which is set forth as Exhibit A below and at {https://surfneutral.freshdesk.com/a/solutions/articles/43000552665}.
1.4 SURF NEUTRAL Deposit.
Deposit
The Board Host is free to set a deposit price on the Rental as a guarantee for damages to the Board, theft or loss of the Board. The guarantee needs to be paid by the Renter prior to the start of the Rental Period. SURF NEUTRAL will not be liable for acceptance of the deposit by the board host and cannot be held liable for any theft or loss of the equipment.
Insurance
The Renter certifies that he or she has an adequate insurance to cover any injury or damage the Renter may cause or suffer while participating in the activity, or else the Renter agrees to bear the costs of such injury or damage. The Renter understands and agrees that the Board Host and/or SURF NEUTRAL may pursue a claim against the insurance company of the Renter.
2. OBLIGATIONS OF THE RENTER
2.1 Usage.
No other person may surf the Board except the Renter unless otherwise agreed between the renter and the Board Host.
In the case of a underaged Renter, the parent or legal guardian that concluded this Agreement, acknowledges that he/she is not only approving this Agreement on his/her behalf, but that he/she is also approving on behalf of the minor. Additionally, by approving this Agreement as the parent or legal guardian of a underaged Renter, the parent or legal guardian understands that he/she is also waiving certain rights on behalf of the minor that the minor otherwise may have.
The Renter agrees that he/she had the full and fair opportunity to completely inspect the equipment prior to the Rental Period. The Renter is responsible for the provision of wetsuit, gloves, helmet, hat, booties and any other necessary additional equipment. The Renter is allowed to make proper adjustments to the Boards fin set up of the associated equipment, if any, to match the Renter’s desired preferences.
Without limiting the assumption of risk and waivers set forth in Section 3, the Renter knowingly and voluntarily waives any claim it may have against the Board Host and SURF NEUTRAL with respect to the proper adjustment of the fins.
The Renter must follow all laws, rules and regulations, as well as posted signs and warnings. The Renter should always be aware the oceans current, as well as the weather and other environmental factors which may affect the safe use of the Board and personal safety. The Renter is responsible for securing the Board at all times by keeping it safe and only storing the Board in an enclosed area at night.
The Renter is also responsible for any injuries to themselves or other people, or damage to the Board or any other property during the Rental Period.
2.2 Return.
The Renter agrees to return the Board to the Board Host in the same condition as received, except for ordinary wear and tear as explained in Exhibit B and ordinary adjustments meant to fit the Board to the user’s desired preferences, on the due date and time and at the location specified by the Board Host at time of rental. The Renter understands that there will be additional charges if the Board is returned at a different time, date, or location than indicated in this Agreement, such as additional rental charges at no less than the daily or hourly rate applicable to the Rental. If the Renter fails to return the Board at the agreed date, time and location, and has not agreed with the Board Host or SURF NEUTRAL on an alternate delivery time and location within 24 hours of the scheduled delivery time, or the Renter fails to return the Board at the rescheduled time and place, then:
(a) SURF NEUTRAL shall determine that the Renter does not intend to return the Board;
(b) SURF NEUTRAL or the Board Host may lawfully repossess the Board; and
(c) SURF NEUTRAL and the Board Host may exercise any other rights or remedies, and take any other necessary measures, to repossess the Board and/or collect the full amount owed by the Renter hereunder.
If the Board Host fails to appear at the scheduled time and place for return of the Board, the Renter remains responsible for the safe keeping of the Board. In such event Renter should contact SURF NEUTRAL to try to arrange alternate means of return of the Board.
The Board Host shall be responsible for any fees incurred by SURF NEUTRAL in connection with such alternate return method, and understands and acknowledges that, if such fees exceed the amount of the rental fee due the Board Host, or any other credit amounts in the Board Host’s wallet with the payment provider, SURF NEUTRAL will ask the payment provider to debit the wallet for the costs made.
SURF NEUTRAL shall not be responsible for any delay or loss of use of the Board due to the Board Host’s failure to appear as scheduled or to make alternate payment and return arrangements.
2.3 Repossession.
The Board Host may repossess the Board at any time if: (a) the Board is used in violation of law; (b) it appears the Board is abandoned, (c) the Board is used in violation of any term or condition in this Agreement, (d) the Renter made a misrepresentation to the Board Host or (e) the Renter fails to return the Board when due. The Board Host is not required to notify the Renter in advance of repossession.
2.4 Prohibited Use.
Use of the Board is restricted to the geographical area agreed upon by the Renter and the Board Host. The Renter will not surf outside of this area and will not remove the Board from this area.
The Renter agrees not to use or permit the Board to be used for hire or in any location that operation would be illegal or a nuisance to others.
The Renter will not use or permit the Board to be used for an illegal purpose, including the transportation of a controlled substance or contraband.
A violation of this paragraph automatically terminates the rental and makes the Renter liable to the Board Host for any penalties, fines, forfeitures, liens, recovery and storage costs, and any related legal expenses associated with a violation of this article.
The Boards may not be stored outside overnight, with or without theft prevention devices.
2.5 Damage to Board.
In the event of damage or loss, the Renter shall pay the Board Host for loss and/or damages to the Board, except for ordinary wear and tear that does not impact the usability of the Board or impact the resale value of the Board, regardless to whom the fault can be attributed (e.g. the Renter agrees to pay for the loss or damage even though someone else caused the damage or is at fault). Clear costs calculation for damages to the Board are listed by the Board Host and are approved by the renter prior to the rental.
The renter shall pay the Board Host the ding prices set for that board at the time of the rental return.
The Renter is also responsible for all theft or vandalism losses, even if the Renter is not at fault for making the theft or vandalism possible, and regardless of any measures the Renter may have taken to secure or protect the Board, including any instructions or security devices provided by the Board Host.
If the Board is damaged beyond reasonable repair (as determined by the Board Host), the Renter shall be responsible for the retail fair market value of the Board. Neither SURF NEUTRAL nor the Renter will provide extra compensation for future income lost due to damage or theft.
2.6 Payment.
The Renter agrees to pay upon demand all rates, charges, (including those applicable to miscellaneous services and equipment), plus applicable taxes, fees, and surcharges (if applicable), which may apply to the Rental.
2.7 Booking
The Renter authorizes SURF NEUTRAL to charge the amounts due as a result of the Booking Rental process to the Renter’s Method of payment.
Charges include the rental day price displayed on the SURF NEUTRAL platform multiplied by the number of days of the request. Charges for upcoming rentals will be processed at the time of the booking.
2.8 Repairs.
If the Renter notifies any damages to the Board during the Rental Period, the Renter should immediately notify the Board Host in order to obtain authorization for repairs. The Renter agrees that he or she will be responsible for any unauthorized repairs or modifications to the Board. The Renter understands that the Board Host will not reimburse the Renter for any authorized repairs.
All repairs needed as a result of the use of the Board will be performed at the cost of such repairs defined by the board Host prior to the rental in the ding pricing, including all parts, shall be paid by the Renter. The Board Host shall be responsible for returning the Board to its prior state. If a pre-existing malfunction compromises the safety or usability of a Board during a Rental, the Renter should contact the Board Host immediately and arrange for return of the Board to the Board Host. In such an event, the cost for any remaining days of the Rental would be refunded to the Renter.
3. RISK AND LIABILITY TERMS
3.1 Acknowledgement of Risks.
The Renter understands and acknowledges that the Board is provided “as is” and without warranties. The Renter further understands and acknowledges that surfing is a hazardous activity that entails known and unanticipated risks which could result in physical or emotional injury, paralysis, death, or damage to self, to property, or to third parties. The Renter understands that such risks cannot be eliminated by the Board Host without jeopardizing the essential qualities of this activity. The risks include, without limitation, falling, striking obstructions or other people, drowning, equipment failure, and weather conditions including temperature exposure (hypothermia, sunstroke, sunburn, heat exhaustion and dehydration).
3.2 Assumption of Risk.
The Renter knowingly, intelligently and voluntarily assumes all risks related to the operation and possession of the Board, including, without limitation any bodily injury or death to any person, or property damage to any property which may result from the operation of the board or possession of the Board even if such loss or damage is due to any negligence of the Board Host, Surf Neutral, their agents, employees, officers, partners, members, successors and/or assigns. Despite knowing all associated risks, the Renter freely assumes all risks of personal injury and/or damage in the operation of this board and the Renter agrees to hold the Board Host and Surf Neutral harmless from all claims of injury or damage.
3.3 Waiver
The Renter hereby waives, acquits, and forever releases, SURF NEUTRAL and the Board Host, their subsidiaries, officer(s), director(s), employee(s), contractor(s), associate(s), and representative(s) from any responsibility or liability whatsoever concerning this Agreement.
3.4 Indemnification.
The Renter agrees to indemnify and hold harmless the Board Host and SURF NEUTRAL and their subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including attorney's fees) arising from, related to, or in any way connected with the Renter’s use of the Board.
4. Third-Party Claims.
The Renter agrees to protect, defend, indemnify and hold the Board Host and SURF NEUTRAL harmless and pay any claim, including attorneys’ fees, brought by a third party arising out of the Renter’s use of the Board and for any liability associated with any personal accident/injury as a result of the Renter’s use of the Board starting off from the rental period.
5. Physical Condition.
The Renter understands that he or she should be in good physical health to participate in surfing. The Renter certifies that her or she has no medical or physical conditions which could interfere with the Renter’s safety in this activity. Under any circumstances the Renter assumes all liability, damages or costs that may be created, directly or indirectly, by any such condition.
6. GENERAL PROVISIONS
6.1 No Warranty.
The board is provided to the Renter on an “as is” and “as available” basis. To the maximum extent permitted by applicable law, the board is provided without warranties of any kind Without limiting the foregoing, the Board Host does not warrant that the board or any rental will meet renter’s preferences
6.2 Third-Party Beneficiary.
SURF NEUTRAL is a third-party beneficiary of this Agreement with the full rights to enforce the provisions of this agreement.
6.3 Governing Law.
Any claim or dispute by the board Host or the Renter against SURF NEUTRAL regarding any issue under this Agreement fall within to the jurisdiction of the Belgium Court in Bruges.
Any claim or dispute between the Renter and the Board Host that arises in whole or in part from the Rental shall be decided exclusively by a court of competent jurisdiction closest to the Board Host’s residence.
6.4 No Waiver.
No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and a party’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
6.5 Entire Agreement/Severability.
This Agreement shall constitute the entire agreement between the Renter and the Board Host concerning the rental of the Board. If a court of competent jurisdiction deems any provision of this Agreement invalid, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
Definition of “Wear and Tear”
“Wear and Tear” includes all cosmetic damage, including scratches that do not affect the integrity or functionality of the board. The determination of "Wear and Tear" shall be made by SURF NEUTRAL in its sole discretion Examples of “Wear and Tear” include:
- Cosmetic damage to the board (Paint scratch, light scratches, dents not through the resin)
- Cosmetic damage to Fins
- Leash stretch