RENTAL TERMS AND CONDITIONS
Release of Liability, Assumption of Risks and Indemnity Agreement In consideration of participating in an FSC rental I hereby agree as follows:
1) To waive any and all claims that I have or may in the future have against FSC and to release FSC from any and all liability for any loss, damage, expense or injury, including death, that I may suffer or that my next-of-kin may suffer as a result of my participation in an FSC rental or event due to any cause whatsoever, including negligence, breach of contract or breach of any statutory or other duty of care, on the part of FSC, and further including the failure on the part of FSC to safeguard or protect me from or warn me of the risks, dangers and hazards of participating in an FSC rental;
2) To hold harmless and indemnify FSC from any and all liability for any property damage or personal injury to any third party resulting from my participation in an FSC rental;
3) This Release Agreement shall be effective and binding upon my heirs, next-of-kin, executors, administrators, assigns and representatives, in the event of my death or incapacity;
4) This Release Agreement and any rights, duties and obligations as between the parties to this Release Agreement shall be governed by and interpreted solely in accordance with the Portuguese laws and no other jurisdiction;
5) Any litigation involving the parties to this Release Agreement shall be brought solely within the Country of Portugal;
6) When engaging in the rental or use of FSC equipment I agree to accept all responsibility to maintain the condition and whereabouts of all the equipment rented for the entire rental period and to pay all repair and/or replacement costs for any damage or theft that may occur to equipment during the rental period. Should I damage a surfboard, I agree to pay the surfboard damage.
Most dings are repairable, but for severe dings, apart from the reparation a fair additional charge to be determined by FSC will be deducted from the security deposit depending on the extent of damage and the surfboard decrease value.
6.1) Security deposit: The payment of the security deposit for each surfboard or wetsuit has to be done with the delivery of the equipment in cash or previously with a transfer to our bank account or via Paypal. The Security deposit will be returned to you as soon as you have returned the all equipment in good condition.
Security deposit will be ONLY used to cover any damage or loss that occurs to the rented equipment.
6.2) In the case of breaking or losing the board or wetsuit the value of the board or wetsuit will be charged.
We recommend you to rent a board according to your level of experience and the amount of financial risk you want to assume for the surfboard in case you break it.
6.3) If the board get sever damages during the rental period you should contact us directly. Do not try to repair the board yourself or leave it to be repaired elsewhere.
7) If the participant is a minor, the parent or legal guardian represents this Release Agreement. It is important that the significance and assumption of risk, have been explained to and understood by the minor child. The person responsible declares, under penalty or perjury, that he/she is the parent or legal guardian of the named participant.