ACTIVITY WAIVER &
RENTAL AGREEMENT

Welcome
to OTB Surf Club, inc.! Please complete our activity waiver. A
confirmation copy of this waiver will be sent to your email once it is
completed. Please show your confirmation email to the staff as you check
in.

Date

Date

Parent/Guardian Information
(If Any Participant Is Under 18)

Name

First NameLast Name

Cell
Number

 -Area CodePhone
Number

Home
Number

 -Area CodePhone
Number

Emergency Contact Info

Name *

First NameLast Name

Cell
Number *

 -Area CodePhone
Number

Home
Number

 -Area CodePhone
Number

OTB Surf Club, inc.

Activity Waiver

EQUIPMENT RENTAL
AGREEMENT, RELEASE OF LIABILITY, WAIVER OF CLAIMS, ASSUMPTION OF RISKS AND
INDEMNITY AGREEMENT BY SIGNING THIS DOCUMENT YOU WILL WAIVE CERTAIN LEGAL
RIGHTS, INCLUDING THE RIGHT TO SUE. PLEASE READ CAREFULLY!

TO: OTB Surf Club, OTB Surf Club, Inc., God’s Grace &
Mercy, Inc., and OTB Surf Club of Deerfield Beach, Inc., and their respective
successors in interest, affiliated organizations and companies, subsidiaries,
insurance carriers, agents, employees, representatives, assignees, officers,
directors, members, shareholders, owners, directors, officers, employees,
guides, agents, representatives, independent contractors, subcontractors,
suppliers, sponsors, successors and assigns (all of whom are hereinafter collectively
referred to as the Releasees).

DEFINITION: In this Agreement, the term Equipment Rental shall include
all activities, events or services provided, arranged, organized, conducted,
sponsored or authorized by the Releasees and shall include, but is not limited
to: bike rental, surfboard rental, bodyboard rental, skateboard rental,
skimboard rental, paddleboard rental, travel, lessons, clinics, camps,
transport and accommodation, and other such activities, events, services in any
way connected with or related to the rental of equipment from OTB Surf Club, OTB
Surf Club, Inc., God’s Grace & Mercy, Inc., and OTB Surf Club of Deerfield
Beach, Inc.

IF YOU ARE UNDER 18, A
PARENT OR LEGAL GUARDIAN MUST COMPLETE THIS FOR YOU. (NOTICE TO THE MINOR
participant'S NATURAL GUARDIAN: READ THIS FORM COMPLETELY AND CAREFULLY. YOU
ARE AGREEING TO LET YOUR MINOR participant ENGAGE IN A POTENTIALLY DANGEROUS
ACTIVITY. YOU ARE AGREEING THAT, EVEN IF THE RELEASED PARTIES AS DEFINED HEREIN
USE REASONABLE CARE IN PROVIDING THIS ACTIVITY, THERE IS A CHANCE YOUR
participant MAY BE SERIOUSLY INJURED OR KILLED BY PARTICIPATING IN THIS
ACTIVITY BECAUSE THERE ARE CERTAIN DANGERS INHERENT IN THE ACTIVITY WHICH
CANNOT BE AVOIDED OR ELIMINATED. BY SIGNING THIS FORM YOU ARE GIVING UP YOUR
participant'S RIGHT AND YOUR RIGHT TO RECOVER FROM RELEASED PARTIES IN A
LAWSUIT FOR ANY PERSONAL INJURY, INCLUDING DEATH, TO YOUR participant OR ANY
PROPERTY DAMAGE THAT RESULTS FROM THE RISKS THAT ARE A NATURAL PART OF THE
ACTIVITY. YOU HAVE THE RIGHT TO REFUSE TO SIGN THIS FORM, AND RELEASED PARTIES
HAVE THE RIGHT TO REFUSE TO LET YOUR participant PARTICIPATE IF YOU DO NOT SIGN
THIS FORM.)

Definitions: The “Equipment” means the equipment listed above and any of
its components. The person who is renting and/or using the above listed
Equipment, or participating in any activity sponsored or offered by Released
Parties shall be referred to as “Participant.” The “Undersigned” means only the
Participant when the Participant is age 18 or older OR it means both the
Participant and the Participant’s parent or legal guardian when the Participant
is under the age of 18. “Released Parties” mean OTB Surf Club, Inc., God’s
Grace & Mercy, Inc., and OTB Surf Club of Deerfield Beach, Inc., and their
respective successors in interest, affiliated organizations and companies,
subsidiaries, insurance carriers, agents, employees, representatives,
assignees, officers, directors, members, and shareholders. The “Activity” means
renting and/or using the above listed Equipment, or participating in any
activity sponsored or offered by Released Parties.

Equipment Use and
Damage: The Equipment is
rented “as is” and with no warranties, express or implied. The Undersigned
accepts full responsibility for the care of the equipment during the rental
period. Undersigned agrees to pay for any damage that occurs to the Equipment
and/or the replacement at full retail value of the Equipment regardless of the
circumstances under which such damage may occur. Undersigned agrees to pay for
the replacement at full retail value of the Equipment for Equipment not
returned to Released Parties. Undersigned also agrees to pay for any lost
rental income for the period of time the Equipment is out of service due to
damage for which Undersigned is responsible. Undersigned agrees to pay for any
costs incurred in retrieval of Equipment if abandoned. Undersigned agrees to
pay all costs, including reasonable attorney’s fees, incurred by Released
Parties to collect any sums due or to enforce any terms of this agreement.
Undersigned agrees to pay interest of 18% per annum on all sums owed to
Released Parties. The Undersigned agrees that Released Parties are authorized
and shall have the right to charge the Undersigned’s credit card for any sums
owed. Improper use of the Equipment, as determined solely by Released Parties,
shall result in the immediate confiscation of the Equipment. There shall be no
refund of any monies paid in the event of such confiscation and any deposit
shall be forfeited. All monies paid for the rental of the Equipment are
non-refundable. Undersigned acknowledges that the Participant has read and
understands the rules for the use of the Equipment. I accept full
responsibility for the equipment rented (the Equipment) and hereby agree to pay
for any damage to the Equipment and replace the Equipment at full retail value
if not returned by the agreed date or if the Equipment is damaged by any reason
and agree to report any problems, mechanical or otherwise, upon returning the
equipment.

I AGREE

SAFETY EQUIPMENT: I
acknowledge that I have been advised to wear all necessary safety
equipment at all times, including helmets and other protective equipment.
Using proper safety equipment may be mandatory under provincial or
federal law. I am aware that the use of this equipment is subject to all
applicable municipal, provincial, and/or federal regulations.

I AGREE

EQUIPMENT USE: I
am familiar with the proper use of the Equipment and its components,
including but not limited to: all quick release mechanisms, leashes,
brakes and gear shifters, and I have taken proper instructional lessons
prior to its use. I am aware that there is staff available to answer any
questions that I may have as to the proper use of the Equipment. I have
made no representations regarding my ability to participate in these
activities.

I AGREE

ASSUMPTION OF RISKS: I
am aware that the use of the Equipment involves risks, dangers and
hazards. Participant(s) will be taking part in activities that can be
hazardous and involve the risk of physical injury and/or death. The
activities are inherently dangerous and Undersigned fully realizes the
dangers of participating in the activities. The dangers and risks of the
activities include, but are not limited to the condition of the premises
and equipment, and the acts, omissions, representations, carelessness,
and negligence of the Released Parties. Hazardous conditions may occur in
the use of the Equipment and may be caused by but not limited to natural
forces or people. Recognizing the risks and dangers, the Undersigned
voluntarily chooses for the Participant(s) to participate in the
activities and expressly assumes all risks and dangers of the
participation in the activity, whether or not described above, known or
unknown, inherent, or otherwise.

I AGREE

I acknowledge and accept that I am responsible for
predicting whether the terrain used is safe for the use of the Equipment
or whether an accident may occur. The terrain where I will use the
Equipment may be uncontrolled, unmarked, not inspected and may involve
many risks, dangers and hazards. I nevertheless freely and voluntarily
assume all of the aforesaid risks and hazards and my use of the Equipment
shall be entirely at my own risk.

I AGREE

I UNDERSTAND THAT MY USE OF THE EQUIPMENT, INCLUDING
SAFETY EQUIPMENT, CANNOT GUARANTEE MY SAFETY OR FREEDOM FROM INJURY. I AM
AWARE THAT IT IS NOT POSSIBLE TO PREDICT EVERY CONDITION OR CIRCUMSTANCE
UNDER WHICH THE EQUIPMENT AND/OR SAFETY EQUIPMENT WILL NOT OPERATE AS
INTENDED. I AM AWARE OF THE RISKS, DANGERS AND HAZARDS ASSOCIATED WITH
THE USE OF THE EQUIPMENT AND I FREELY ACCEPT AND FULLY ASSUME ALL SUCH
RISKS, DANGERS, AND HAZARDS, AND THE RESPONSIBILITY FOR PERSONAL INJURY,
DEATH, PROPERTY DAMAGES AND LOSS RESULTING THEREFROM.

I AGREE

I state that to the best of my knowledge I have no
medical, physical or mental health conditions that would hinder or
prevent my active participation in this activity.

I AGREE

IN CONSIDERATION of the Releasees agreeing to rent me
the Equipment and permitting my use of their services, equipment and
other facilities, and for other good and valuable consideration, the
receipt and sufficiency of which is acknowledged, I hereby agree as
follows: To waive any and all claims that I have or may in the future
have against the Releasees and the equipment manufacturers and
distributors and to release the Releasees 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, resulting from or arising out of my
use of the Equipment, due to any cause whatsoever, including negligence,
breach of contract, or breach of warranty on the part of the Releasees in
respect of the design, manufacture, selection, installation, maintenance,
inspection, service or repair of the Equipment, or in respect of the
provision of or the failure to provide any warnings, directions,
instructions or guidance as to the use of the Equipment. 

IN THE CASE OF A MINOR
PARTICIPANT, THE ABOVE WAIVER, RELEASE, AND AGREEMENT NOT TO SUE ONLY APPLIY TO
DAMAGES RESULTING FROM INHERENT RISKS OF THE ACTIVITY IN ACCORDANCE WITH FLA
STAT 744.301.

I AGREE

There are no warranties, express or implied,
concerning the Equipment listed on this form; To hold harmless and
indemnify the Releasees for any and all liability for any property
damage, loss or personal injury to any third party resulting from my use
of the Equipment;

I AGREE

This 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;

I AGREE

Minor Acknowledgment: By signing this Agreement
without a parent or legal guardian’s signature, the Participant, under
penalty of fraud, represents that he/she is at least 18 years of age. If
signing as the parent or guardian of a minor Participant, signing adults
represent that they are a parent or legal guardian of the minor
Participant.

I AGREE

Miscellaneous: The
Undersigned agree: (a) Participant will not engage in any activities
prohibited by any applicable laws, statutes, regulations and ordinances;
(b) this Agreement shall be governed by the laws of the State of Florida,
and the exclusive jurisdiction and venue for any claim shall be located
in the state courts located in Broward County, Florida; (c) Undersigned
authorizes and gives full consent to Released Parties to copyright and/or
publish for public view any and all photographs, digital recordings, videotapes
and/or film in which Participant appears. Undersigned agrees that
Released Parties may transfer, use, or cause to be used, these digital
recordings, photographs, videotapes, or films for any exhibitions, public
displays, publications, commercials, art and advertising purposes,
television programs, and internet without limitations or reservations;
(d) Undersigned authorizes and gives full consent to Released Parties to
email information about future events; and (e) this agreement shall be
binding upon the subrogors, distributors, heirs, next of kin, executors,
and personal representatives of the Undersigned.

I AGREE

COVID-19: The World Health
Organization has declared the novel Coronavirus (COVID-19) a worldwide
pandemic. Due to its capacity to transmit from person-to-person through
respiratory droplets, the government has set recommendations and
guidelines which OTB Surf Club strives to comply.

In consideration of my
participation in the foregoing, the undersigned acknowledge and agree to the
following:

I am aware of the
existence of the risk on my physical appearance to the venue and my
participant's participation to the activity of the Organization that may cause
injury or illness such as, but not limited to Influenza, MRSA, or COVID-19 that
may lead to paralysis or death.

The participant nor anyone in contact with the participant has not experienced
symptoms that of fever, fatigue, difficulty in breathing, or dry cough or
exhibiting any other symptoms relating to COVID-19 or any communicable disease
within the last 14 days.

The participant has not, nor any member(s) of my household, traveled by sea or
by air, internationally within the past 30 days or visited any any area outside
of the tri-county area in the United States that was reported to be highly
affected by COVID-19, in the last 30 days.

The participant, nor any member(s) of my household, had not been diagnosed to
be infected of COVID-19 virus within the last 30 days.

Following the pronouncements above I hereby declare the following:

I am fully and
personally responsible for my participant's safety and actions while and during
their participation and I recognize that my participant may be in any case be
at risk of contracting COVID-19.

With full knowledge of the risks involved, I hereby release, waive, discharge
the OTB Surf Club, its board, officers, independent contractors, affiliates,
employees, representatives, successors, and assigns from any and all
liabilities, claims, demands, actions, and causes of action whatsoever,
directly or indirectly arising out of or related to any loss, damage, injury,
or death, that may be sustained by me related to COVID-19 while participating
in any activity while in, on, or around the premises or while using the
facilities that may lead to unintentional exposure or harm due to COVID-19.

I agree to indemnify, defend, and hold harmless OTB Surf Club, its board, officers,
independent contractors, affiliates, employees, representatives, successors,
and assigns from and against any and all costs, expenses, damages, lawsuits,
and/or liabilities or claims arising whether directly or indirectly from or
related to any and all claims made by or against any of the released party due
to injury, loss, or death from or related to COVID-19.

I AGREE

By signing below I acknowledge that I have read the
foregoing Liability Release Waiver and understand its contents; that I am
at least eighteen (18) years old and fully competent to give my consent;
That I have been sufficiently informed of the risks involved and give my
voluntary consent in signing it as my own free act and deed; that I give
my voluntary consent in signing this Liability Release Waiver as my own
free act and deed with full intention to be bound by the same, and free
from any inducement or representation.

I CONFIRM THAT I HAVE
READ AND UNDERSTOOD THIS RELEASE AGREEMENT PRIOR TO SIGNING IT, AND I AM AWARE
THAT BY SIGNING THIS RELEASE AGREEMENT I AM WAIVING CERTAIN LEGAL RIGHTS WHICH
I OR MY HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, ASSIGNS AND REPRESENTATIVES
MAY HAVE AGAINST THE RELEASEES.

I HAVE CAREFULLY READ
THIS AGREEMENT AND UNDERSTAND ITS CONTENTS. I AM AWARE THAT I AM RELEASING
LEGAL RIGHTS THAT OTHERWISE MAY EXIST.

I AGREE

Permission
to participate *

Approve

Rental Insurance Available

We offer and optional
Rental Insurance/Damage Waiver for just $4.99/day. This covers any board damage
during your rental period. However, it does not cover loss or theft or personal
injury

Damaged or misplaced
items

If the rented
equipment is stolen, misplaced or returned damaged, the participant will be
responsible for replacing the item or for the repair costs.

Repair Rates

Ding Description

Surfboard

SUP

Small Ding: smaller than 3 inches

$20-$30

$20-$30

Large Ding: larger than 3 inches

$30 & up

$30 & up

Broken Nose:

$40-$60

$50-$75

Broken Tail:

$50-$75

$60-$75

Broken Board

$75-$100

$150+

Replace fin plug

$30

Fin Box

$50

$60

replace fin (fins can not be
repaired

$15

$20

replace board if not returned

$300

$500

replace leash if not returned

$20

$20

replace lifevest if not returned

$20

Broken paddle

$30

replace paddle if not returned

$60

Lesson
Cancellation Policy

A full refund will be
given to any participant who cancels within 48 hours before the start of their
activity. Due to scheduling and staff requirements, after the 48 hour cut-off,
no refunds will be given, but the particpant may reschedule for another time
slot if notice is given within 24 hours of the activity.

Participant or Guardian Signature

I HAVE CAREFULLY READ
THIS AGREEMENT AND UNDERSTAND ITS CONTENTS. I AM AWARE THAT I AM RELEASING
LEGAL RIGHTS THAT OTHERWISE MAY EXIST.

Signature
of Participant (Legal guardian required if any participant is under
18) *

Clear