paddleOKI TERMS OF USE
BY USING PADDLEOKI.COM, YOU AGREE TO THE FOLLOWING TERMS OF USE, WAIVER & RELEASE OF LIABILITY, ASSUMPTION OF RISK, & INDEMNITY. PLEASE READ THIS DOCUMENT IN ITS ENTIRETY BEFORE RENTING PADDLEOKI EQUIPMENT. BY RESERVING EQUIPMENT FROM PADDLEOKI.COM, YOU AGREE TO THE FOLLOWING.
BAD WEATHER POLICY:
If bad weather prohibits the renter(s) from using paddleOKI products, refunds, gift certificates or extensions may be granted at the sole discretion of paddleOKI. Single day (or less) reservations created less than 4 hours before delivery will not recieve consideration.
CANCELLATON POLICY:
Full refunds will be given for cancellations where paddleOKI is notified by closing time the day before equipment is delivered. For cancellations where 2+ hours notice is given, customers have the option to forfeit their deposit ($15) or receive a gift certificate in the amount paid. Cancellations in the hour before delivery will be charged for one day for each piece of equipment.
If you choose to end a rental early, there is no penalty. The price of each equipment will be changed to the rate for the days used (as shown online) and a refund will be given in the amount of the balance.
PAYMENTS POLICY:
A fully refundable (View Cancellation Policy) deposit of $15 is collected for bookings more than one week away. Full payments are required within one week of the start of the rental. Any balance is required upon delivery of equipment. Cash is accepted at delivery when a card was used for a deposit. If no one is present at your delivery location at the delivery time chosen, the card on file will be charged for the balance and the equipment will be left so you can access it when you arrive.
If you would like to add additional cards or change your payment method, please contact paddleOKI and we will be happy to assist.
Credit and debit cards used at paddleOKI are processed directly through our payment processor. We have no access to your data as your privacy and security is our upmost concern. paddleOKI does maintain the ability to (re)charge or (partially) refund your card as needed through our processor as this is essential to operating business efficiently.
DAMAGES/LOSS:
paddleOKI reserves the right to charge for damages up to the replacement cost for any damages incurred while items are in the possession of the renter. paddleOKI may also charge the renter up to the replacement cost for not returning paddleOKI products by the return date and time listed on their invoice.
WAIVER & RELEASE OF LIABILITY, ASSUMPTION OF RISK, & INDEMNITY
I. DISCLAIMER
YOU MUST BE 18 YEARS OF AGE OR OLDER TO RENT ANY STANDUP PADDLE BOARD OR KAYAK. USERS UNDER THE AGE OF 18 NEED PARENT/GUARDIAN CONSENT. THE UNDERSIGNED AGREES THAT HE/SHE IS ALSO SIGNING THE RELEASE ON BEHALF OF ALL POTENTIAL OPERATORS/USERS INCLUDING ANY MINOR CHILDREN FOR WHOM HE/SHE IS PARENT, GUARDIAN, OR OTHERWISE RESPONSIBLE FOR CARE, CUSTODY AND CONTROL. BY SIGNING THIS RENTAL AGREEMENT, THE UNDERSIGNED IS PERSONALLY LIABLE AND THEREFORE RESPONSIBLE FOR ANY INJURIES OR DAMAGES THAT OCCUR WHILE PADDLEOKI PROPERTY IS IN THE UNDERSIGNED POSSESSION, EVEN IF SUCH DAMAGES ARISE OUT OF THE NEGLIGENCE OR FAULT OF PADDLEOKI, LLC. THE RENTAL COMPANY IS NOT RESPONSIBLE FOR ANY INJURIES OR DAMAGES.
FOR PURPOSES OF THIS AGREEMENT, THE TERM “RENTAL COMPANY” OR PADDLEOKI INCLUDES ALL EMPLOYEES AGENTS, REPRESENTATIVES, SERVANTS, ASSIGNS, SUCCESSORS, INSURERS AND SUBSIDIARIES OF PADDLEOKI, LLC.
FOR PURPOSES OF THIS AGREEMENT, RENTAL EQUIPMENT IS IN THE POSSESSION OF THE RENTER AS DEFINED BY THE LONGER COMBINATION OF THE FOLLOWING: FROM THE ACTUAL DATE AND TIME OF DELIVERY OR DELIVERY DATE AND TIME LISTED ABOVE IN THIS AGREEMENT TO THE ACTUAL DATE AND TIME OF PICKUP OR RETURN DATE AND TIME LISTED ABOVE IN THIS AGREEMENT.
THIS RENTAL AGREEMENT: WAIVER AND RELEASE OF LIABILITY, ASSUMPTION OF RISK, & INDEMNITY IS APPLICABLE TO ALL RENTERS AND USERS OF EQUIPMENT PROVIDED BY PADDLEOKI, LLC.
II. EXPRESS ASSUMPTION OF RISK
I ACKNOWLEDGE ON BEHALF OF MYSELF AND OTHER USERS OF PADDLEOKI PROPERTY WHILE IN MY CONTROL THAT USE OF A RECREATIONAL EQUIPMENT HAS INHERENT RISKS THAT MAY LEAD TO BODILY INJURY OR DEATH. I FURTHER UNDERSTAND THAT I, AND ANY OTHER USERS ARE NOT BOUND OR REQUIRED TO PARTICIPATE IN ANY OF THE ACTIVITIES PRESENTED TO ME, BUT HAVE WILLINGLY AND VOLUNTARILY DECIDED TO PARTICIPATE. I ACKNOWLEDGE THE USERS OF THE EQUIPMENT WHILE IN MY CONTROL HAVE NO HEALTH RESTRICTIONS WHICH WOULD PREVENT THEM OR ME FROM PARTICIPATING IN ANY ACTIVITIES OR ENTERING INTO THIS AGREEMENT. I REALIZE THAT I AM FREE TO REFUSE TO PARTICIPATE IN ANY OR ALL ACTIVITIES INCLUDING THOSE I FEEL UNCOMFORTABLE WITH OR WHICH I FEEL CANNOT BE COMPLEPTED SAFELY. I KNOWLINGLY AND VOLUNTARILY ASSUME ALL RISK OF INJURY, ILLNESS, DAMAGE OR LOSS, BOTH KNOWN AND UNKNOWN, ASSOCIATED WITH THE RENTAL OPERATION, OR USE OF THE RENTAL EQUIPMENT, EVEN IF ARISING FROM THE NEGLIGENCE, ACT, OR OMISSION OF PADDLEOKI, LLC AND ASSUME FULL RESPONSIBILITY FOR MY GROUP'S PARTICIPATION.
III. RELEASE OF LIABILITY
I HEREBY RELEASE AND HOLD HARMLESS PADDLEOKI, LLC FROM ALL LIABILITY, CLAIMS, DEMANDS OR CAUSES OF ACTION FOR ANY INJURY, DISABILITY, DEATH, LOSS OR DAMAGE TO PERSON OR PROPERTY SUSTAINED BY ME AND/OR ANY OTHER USERS WHILE PADDLEOKI PRODUCTS ARE IN MY POSSESSION, WHETHER CAUSED BY THE NEGLIGENCE OF PADDLEOKI, LLC OR OTHERWISE. THIS INCLUDES ANY INJURY, DISABILITY, DEATH, LOSS OR DAMAGE TO PERSON OR PROPERTY INCURRED AS A RESULT OF A HIDDEN, LATENT OR OBVIOUS DEFECT ON THE RENTAL EQUIPMENT, OR ANY FAILURE TO PROPERLY INSTRUCT, SUPERVISE OR TRAIN.
IV. COVENANT NOT TO SUE
AS PART OF THE CONSIDERATION FOR USING THE EQUIPMENT, I PROMISE NOT TO SUE OR MAKE A CLAIM AGAINST PADDLEOKI, LLC FOR ANY DAMAGE OR LOSS SUFFERED AS A RESULT OF MY AND/OR OTHER USERS PARTICIPATION IN RENTAL ACTIVITIES. IT IS THE INTENT OF THIS RENTAL AGREEMENT TO FULLY AND COMPLETLEY RELEASE PADDLEOKI, LLC FROM ALL CLAIMS.
V. LIABILITY TO THIRD PARTIES
I AGREE THAT I WILL INDEMNIFY AND HOLD HARMLESS PADDLEOKI, LLC FOR ALL PERSONAL INJURIES, PROPERTY DAMAGES, OR ANY OTHER DAMAGES TO ANY AND ALL THIRD PARTIES, INCLUDING, BUT NOT LIMITED TO, OPERATORS AND PASSENGERS OF OTHER WATERCRAFT AND USERS OF EQUIPMENT WHILE IN THE POSSESSION OF THE UNDERSIGNED AS A RESULT OF ANY AND ALL ACTIVITIES RELATED TO THE RENTAL, OPERATION, OR USE OF EQUIPMENT PROVIDED BY PADDLEOKI, LLC. EVEN IF SUCH DAMAGES ARISE OUT OF THE NEGLIGENCE OR FAULT OF PADDLEOKI, LLC.
VI. RENTERS CONSENT TO PAYMENT OF RENTAL EQUIPMENT INCLUDING LOSSES & DAMAGES
EARLY RETURNS OR CANCELLATION DUE TO THE NEGLIGENCE OF THE RENTER WILL NOT RESULT IN A REFUND. IF IT IS DETERMINED THAT THE RENTER HAS CAUSED DAMAGE TO THE UNIT, PADDLEOKI, LLC RESERVES THE RIGHT TO CHARGE THE RENTER UP TO THE REPLACEMENT COST FOR EACH PIECE OF EQUIPMENT LOST OR DAMAGED. THE RELACEMENT COST IS DEFINED AS THE COST TO PADDLEOKI TO REPLACE EQUIPMENT. THIS COST INCLUDES BUT IS NOT LIMITED TO THE COST OF NEW EQUIPMENT THAT IS THE SAME OR SIMILAR, SHIPPING AND HANDLING CHARGES THAT APPLY TO THE ACQUIRING OF EQUIPMENT, TAXES RELEVENT TO ACQUIRING NEW EQUIPMENT, AND ANY COST INCURRED BY PADDLEOKI OR ITS EMPLOYEES TO REPLACE EQUIPMENT SUCH AS EMPLOYEE WAGES OR GAS.
RENTER AGREES TO HAVE CREDIT/DEBIT CARD NUMBER RETAINED BY PADDLEOKI AND/OR ITS VENDORS TO BE USED TO PROVIDE FULL COMPENSATION FOR FAILING TO RETURN RENTAL EQUIPMENT IN AS GOOD CONDITION AS WHEN RECEIVED BY RENTER. COMPENSATION INCLUDES, BUT IS NOT LIMITED TO, REIMBURSEMENT OF ARTICLES DAMAGED, MISSING OR BROKEN. RENTER AUTHORIZES PADDLEOKI TO CHARGE RENTERS CARD IN SUCH CASE WITH OR WITHOUT NOTIFICATION OR AUTHORIZATION. IN THE ABSENCE OF A VALID CREDIT CARD OR IN ADDITION TO THE CHARGES TO THE RENTERS CREDIT CARD, PADDLEOKI, LLC IN ITS SOLE DISCRETION, MAY DEMAND THE RENTER PAY SUCH CHARGES IN IMMEDIATELY AVAILABLE FUNDS SUCH AS, BUT NOT LIMITED TO CASH OR CERTIFIED CHECK.
THE UNDERSIGNED RENTER HEREBY ACKNOWLEDGES AND UNDERSTANDS THAT THE EQUIPMENT IS WITHOUT DAMAGES OR DEFECTS INCLUDING, BUT NOT LIMITED TO, DENTS, SCRATCHES, TEARS, STAINS AND OTHER DAMAGES. AN INSPECTION OF THE EQUIPMENT WILL BE CONDUCTED BY BOTH THE RENTAL COMPANY AND RENTER PRIOR TO THE RENTAL PERIOD WHEREBY ANY EXISTING DAMAGES WILL BE NOTED AND ACKNOWLEDGED.
UPON RETURN OF THE EQUIPMENT, PADDLEOKI WILL CONDUCT A FINAL INSPECTION. RENTER WILL BE HELD RESPONSIBLE AND LIABLE FOR THE TOTAL COST OF ANY AND ALL DAMAGES TO THE RENTAL EQUIPMENT THAT WERE NOT NOTED DURING THE INITIAL INSPECTION. PADDLEOKI, LLC HAS UP TO 48 HOURS AFTER RENTAL & PRIOR TO BEING RENTED AGAIN TO DISCOVER AND INFORM RENTER OF DAMAGE FOUND.
RENTER ACKNOWLEDGES AND UNDERSTANDS THAT RENTAL EQUIPMENT INCLUDES ACCESSORY ITEMS AND ALL REQUIRED EQUIPMENT PROVIDED BY PADDLEOKI AT DELIVERY WHICH MAY NOT BE LISTED ON INVOICES. BY SIGNING THIS AGREEMENT, THE RENTER ACKNOWLEDGES AND ACCEPTS FULL RESPONSIBILITY FOR ALL ITEMS DELIVERED. UPON RETURN OF THE RENTAL EQUIPMENT, THE RENTAL COMPANY WILL COUNT ALL RETURNED ITEMS. ANY ITEMS MISSING OR DAMAGED WILL BE PAID FOR BY THE RENTER AS STATED HEREIN.
VII. GENERAL TERMS AND CONDITIONS
I CERTIFY THAT I HAVE RECEIVED ADEQUATE AND PROPER SAFETY AND OPERATIONAL INSTRUCTION FOR THE EQUIPMENT RENTED FROM PADDLEOKI, LLC AND AM CAPABLE IN ALL ASPECTS OF THE HANDLING AND OPERATION OF SUCH EQUIPMENT AND FOLLOWING ALL SAFETY INSTRUCTIONS. I AGREE NOT TO USE NOR PERMIT THE USE OF THE EQUIPMENT (A) FOR ANY UNLAWFUL PURPOSE; (B) IN A CARELESS, RECKLESS, OR NEGLIGENT MANNER; (C) WHILE UNDER THE INFLUENCE OF ALCOHOL AND/OR DRUGS; (D) TO CARRY PASSENGERS OR PROPERTY IN EXCESS OF THE CRAFT’S RATED CAPACITY; (E) IN A RACE OR COMPETITION; OR (F) IN VIOLATION OF THE INSTRUCTIONS I RECEIVED FROM PADDLEOKI.
THIS AGREEMENT SETS FORTH THE ENTIRE AGREEMENT AND UNDERSTANDING BETWEEN THE PARTIES, AND ALL PREVIOUS DISCUSSIONS, UNDERSTANDINGS, REPRESENTATIONS, NEGOTIATIONS, AND AGREEMENTS WITH RESPECT TO THE MATTERS INCLUDED IN THIS AGREEMENT AND MERGED HEREIN. ADDITIONALLY, THE CONSIDERATION RECITED HEREIN IS THE FULL, COMPLETE AND ENTIRE CONSIDERATION FOR THIS AGREEMENT, AND THERE IS NO FURTHER CONSIDERATION TO BE PAID BY ANY PARTY TO ANY OTHER PARTY OTHER THAN AS RECITED HEREIN.
IF ANY PROVISION OR PART OF A PROVISION OF THIS AGREEMENT SHALL BE DETERMINED TO BE VOID OR UNENFORCEABLE BY A COURT OF COMPETENT JURISDICTION, THE REMAINDER OF THE AGREEMENT SHALL REMAIN VALID AND ENFORCEABLE BY ANY PARTY.
THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED UNDER THE LAWS OF THE STATE OF NORTH CAROLINA IN THE EVENT PADDLEOKI, LLC PREVAILS IN ANY LITIGATION OR CLAIM RELATING TO THE ENFORCEMENT OF THE PROVISIONS CONTAINED HEREIN, I AGREE TO PAY AND INDEMNIFY PADDLEOKI, LLC FOR ITS LITIGATION EXPENSES, INCLUDING LEGAL FEES AND COURT COSTS.
I EXPRESSLY WARRANT AND REPRESENT THAT BEFORE EXECUTING THIS AGREEMENT I HAVE FULLY INFORMED MYSELF OF THE TERMS, CONDITIONS AND EFFECT OF THE AGREEMENT, AND THAT I HAVE REILED SOLELY ON MY OWN JUDGMENT IN EXECUTING THE DOCUMENT.
I HAVE READ THE TERMS OF THIS RENTAL AGREEMENT, WAIVER AND RELEASE OF ALL CLAIMS INCLUDING THE PROVISIONS REGARDING ASSUMPTION OF RISK, RELEASE OF LIABILITY, DISCLAIMER OF EXPRESS AND IMPLIED WARRANTIES AND THE COVENANT NOT TO SUE, AND I UNDERSTAND THAT I AM GIVING UP SUBSTANTIAL RIGHTS IN CONSIDERATION FOR MY USE OF THE RENTAL COMPANY’S EQUIPMENT. I ENTER INTO THIS AGREEMENT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.
I AGREE TO ASSUME RESPONSIBILITY, EVEN THOSE RISKS ARISING OUT OF NEGLIGENCE BY PADDLEOKI, OTHER PASSENGERS, RIDERS, AND/OR ALL PARTICIPANTS ON THE EQUIPMENT. MY AND OUR PARTICIPATION IN THE ACTIVITY IS PURELY VOLUNTARY. I ASSUME FULL RESPONSIBILITY FOR MYSELF AND ALL USERS OF THE EQUIPMENT, INCLUDING ANY MINOR CHILDREN, FOR ANY BODILY INJURY, ACCIDENT, ILLNESS, PARALYSIS, DEATH OR LOSS OF PERSONAL PROPERTY EVEN IF CAUSED, IN WHOLE OR IN PART, BY THE NEGLIGENCE OR OTHER FAULT OF PASSENGERS, RIDERS, GUESTS AND OTHER PASSENGERS ON THE EQUIPMENT AND EVEN IF CAUSED, IN WHOLE OR IN PART BY THE NEGLIGENCE OR OTHER FAULT OF THE RENTAL COMPANY AND/OR ITS REPRESENTATIVES.
