DIVE/SNORKEL GEAR: This agreement is entered into between Crashboat Watersports and the Renter identified on this contract, hereinafter RENTER, for the rental of scuba and/or skin diving equipment. THIS AGREEMENT is a release of the Renters rights to sue for injuries or death resulting from the rental and/or use of this equipment. RENTER expressly assumes all risks of skin and/or scuba diving related in any way to the rental and/or use of this equipment.

RENTER hereby acknowledges receipt of this equipment designated in this form, and, if any of this equipment is to be used for scuba diving, the RENTER is a certified scuba diver or student diver in a scuba diving course/program under the supervision of a certified scuba instructor.

RENTER acknowledges that the equipment is in good working condition and that he has examined the equipment to ensure that it is free of defects, including checking both the quality and quantity of air in any scuba tank(s) rented. RENTER also understand that CRASHBOAT WATERSPORTS, and its employees, owners, officers or agents (hereinafter Released Parties), shall not be held liable or responsible in any way for the injury, death or other damages to RENTER or his family, heirs, or assigns which may occur as a result of the rental and/or use of the equipment or as a result of product defects, or the negligence of any party, including the Released Parties, whether passive or active.

RENTER agrees to reimburse CRASHBOAT WATERSPORTS for the loss or breakage of any and all equipment at the current replacement value and also pay for damages incurred while transporting the equipment. RENTER agrees to return the equipment in clean condition and to pay a cleaning fee if not returned clean.

I understand the terms herein are contractual and not a mere recital and that I have signed this document of my own free act and with the knowledge that I hereby agree to waive my legal rights. I further agree if any provision of this Agreement is found to be unenforceable or invalid, that provision shall be severed from this Agreement. The remainder of this Agreement will then be construed as though the unenforceable provision had never been contained herein.

I have carefully read and understand the Terms & Conditions. By signing this agreement, I exempt and release CRASHBOAT WATERSPORTS and all related entities as defined in this contract, from all liability or responsibility whatsoever for personal injury, property damage, or wrongful death as a result of renting and/or using the equipment, however caused, including but not limited to product liability or the negligence of the released parties, whether passive or active,

I authorized CRASHBOAT WATERSPORTS to charge my credit card daily until the equipment is returned, if late.

BIKES: Bicycles are rented out clean and in proper working condition and must be returned in the same manner.

Helmets are offered free of charge and recommended as part of the rental contract. Customers who decline to rent and wear helmets have done so at their own will.

Bikes are maintained on a daily basis. It is the responsibility of the client to check the bike at the shop BEFORE setting out on any ride.

Customer agrees to return the bike in clean, UNDAMAGED condition to avoid any additional charges for repair maintenance or replacement. Customer accepts use of the equipment, AS IS, in good condition and accepts full responsibility for the care of equipment while under his/her possession. Damaged parts or components will be repaired/replaced at the shops discretion and customers agree to pay regular shop rates and retail prices for components replaced. Clean condition means normal wear and tear is accepted but does not include broken spokes, rims, damaged frames, handlebars, seats or other parts from misuse and/or crashes.

NOTE: All bikes should be returned clean of mud, sand and debris. Any bike not returned clean will be assessed a daily rental fee.

CW RENTAL ASSUMPTION OF RISK, WAIVER AND RELEASE AGREEMENT

Assumption of Risk: I understand and accept that renting this bicycle and participation in biking exposes me to many hazards and entail avoidable risk of death, personal injury (included but not limited to severe spinal hazards or head injury) and loss of or damage to property. I also understand I should be in good physical health to participate in bicycling in spite of risk 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 and participating in bicycling. I understand the inherent risk involved in using this equipment, accept full responsibility for any and all damage or injury which may result.

WAIVER AND RELEASE: In consideration of RBS renting me this bicycle, I specifically release and forever discharge RBS and its affiliates, officers, agent 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 participating in bicycling. This discharge specifically includes, but is not limited to, liability or claims for injury, illness, death or damages caused by the negligence of RBS, and hold its affiliates, officers, agents or employees harmless. It is my intent by this Waiver and Release Agreement to Release RBS and hold it harmless from any such property loss or damage, personal injury or loss of which whether caused by the negligence of RBS or whether based upon breach of contract, breach of warranty or any other legal theory. In signing this document, I fully recognize that if injury, illness, death or damage occurs to me while I am engaged in renting this bicycle or participating in bicycling, I will have not right to make or file a lawsuit against RBS or its affiliates, officers, agents or employees, even if they or any of them negligently cause my injury illness death or damage.

I realize the importance of wearing a helmet. A helmet has been recommended to me by RBS staff. If I do not wear a helmet, I am doing so at my own will.

I HAVE CAREFULLY READ THIS AGREEMENT IN ITS ENTIRETY AND UNDERSTAND ITS CONTENT. I AM AWARE THIS IS AN ASSUMPTION OF RISK, WAIVER AND RELEASE OF LIABILITY AND I SIGN IT VOLUNTARILY. I ALSO UNDERSTAND THAT I SHOULD NOT AND MAY NOT PARTICIPATE IN THIS ACTIVITY IF I AM UNDER THE INFLUENCE OF ALCOHOL OR DRUGS.

FURTHER MORE, I AGREE TO THE TERMS OF THE RINCON BEACH SERVICE BICYCLE RENTAL AGREEMENT ABOVE.