You must agree to the following agreements by clicking accept below if you would like to continue.  

1.     Rental Waiver

2.     Rules of Use

3.     United States Coast Guard Regulations

4.     Required Safety Equipment for Paddle Boarders

5.     Florida Administrative Code Rule 68D-34.002

6.     Media Release

 

Rental Waiver

STAND UP PADDLE BOARD, ASSUMPTION OF RISK, RELEASE OF LIABILITY & INDEMNIFICATION AGREEMENT

PLEASE READ CAREFULLY BEFORE SIGNING.  THIS IS A RELEASE OF LIABILITY & WAIVER OF LEGAL RIGHTS.

 

1.     Definitions.  The person who is participating in stand up paddle boarding shall be referred to hereinafter as “Participant”.  The “Undersigned” means the Participant, his or her heirs or assigns, when the Participant is age 18 or older OR it means the Participant and the Participant’s parent(s) or legal guardian, or the minor’s heirs or assigns when the Participant is under the age of 18.  “Released Parties” mean PADL LLC or any of its respective successors in interest, affiliated organizations and companies, insurance carriers, agents, employees, representatives, assignees, officers, directors, members, and shareholders. The “Activity” means taking part in paddle boarding lessons, paddle boarding tours, paddle boarding yoga, or paddleboard rentals as offered by PADL LLC. 

2.     Risks of Activity.  The Undersigned agree and understand that taking part in the Activity can be HAZARDOUS AND INVOLVES THE RISK OF PHYSICAL INJURY AND/OR DEATH.  The Undersigned acknowledge that the Activity is inherently dangerous and fully realize the dangers of participating in the Activity.  The risks and dangers of the Activity include, but are not limited to: changing weather conditions, changing water levels, undertows, changing water conditions, cold water immersion, hidden underwater obstacles, trees or other above water obstacles, changing and unpredictable currents, drowning, exposure, swimming, overturning, improper use of equipment, carrying boards and other equipment, entrapment of feet or other body parts under rocks or other objects or with equipment, equipment failure, dehydration, sunburn, not being familiar with the waterway and forecasted water and weather conditions, high water, high wind, rapids, other watercraft, docks, pilings or any other obstacles, other participants, instructor/guide’s directions, wildlife, marine life, transport to and from the Activity, hiking, and mental and physical distress. 

3.     Multiple Rentals.       The Undersigned may be permitted to rent multiple paddleboards and equipment under a single account. In so doing, the Undersigned agrees to take full responsibility for all rented equipment and people, including all Participants, interacting with the rented equipment.  The Undersigned is responsible for notifying all Participants of the Risks of Activity as set forth in Paragraph 2 of this Agreement. The Released Parties shall not be held liable for any failure to comply with the requirements and conditions herein. By renting multiple paddleboards and equipment, the Undersigned agrees to be held liable for any damage, injury, and/or loss related to the Activity until said paddleboards and equipment are returned to the appropriate stations and the rental is completed.   

THE UNDERSIGNED ACKNOWLEDGE AND UNDERSTAND THAT THE DESCRIPTION OF THE RISKS LISTED ABOVE IS NOT COMPLETE AND THAT PARTICIPATING IN THE ACTIVITY MAY BE DANGEROUS AND MAY INCLUDE OTHER RISKS.    

4.     Release, Indemnification, and Assumption of Risk.  In consideration of the Participant being permitted to participate in the Activity, the Undersigned agree as follows:

 

(a)    Release.  THE UNDERSIGNED HEREBY IRREVOCABLY AND UNCONDITIONALLY RELEASE, FOREVER DISCHARGE, AND AGREE NOT TO SUE OR BRING ANY OTHER LEGAL ACTION AGAINST THE RELEASED PARTIES with respect to any and all claims and causes of action of any nature  whether currently known or unknown, which the Undersigned, or any of them, have or which could be asserted on behalf of the Undersigned in connection with the Participant’s participation in the Activity, including, but not limited to claims of negligence, product defect, breach of warranty, and/or breach of contract. 

 

(b)    Indemnification.  The Undersigned hereby agree to indemnify, defend and hold harmless the Released Parties from and against any and all liability, cost, expense or damage of any kind or nature whatsoever and from any suits, claims or demands, including attorney fees, legal fees and expenses whether or not in litigation, arising out of, or related to, Participant’s participation in the Activity.  Such obligation on the part of the Undersigned shall survive the period of the Participant’s participation in the Activity.  

 

(c)    Assumption of Risk.   The Undersigned agree and understand that there are dangers and risks associated with the participation in the Activity and that INJURIES AND/OR DEATH may result from participating in the Activity, including, but not limited to the acts, omissions, representations, carelessness, and negligence of the Released Parties.  By signing this document, the Undersigned recognize that property loss, injury and death are all possible while participating in the Activity.  RECOGNIZING THE RISKS AND DANGERS, THE UNDERSIGNED UNDERSTAND THE NATURE OF THE ACTIVITY AND VOLUNTARILY CHOOSE FOR PARTICIPANT TO PARTICIPATE IN AND EXPRESSLY ASSUME ALL RISKS AND DANGERS OF THE PARTICIPATION IN THE ACTIVITY, WHETHER OR NOT DESCRIBED ABOVE, KNOWN OR UNKNOWN, INHERENT, OR OTHERWISE.

5.     Minor Acknowledgment.  In the case of a minor Participant, the Undersigned parent or legal guardian acknowledges that he/she is not only signing this Agreement on his/her behalf, but that he/she is also signing on behalf of the minor and that the minor shall be bound by all the terms of this Agreement.  Additionally, by signing this Agreement as the parent or legal guardian of a minor, the parent or legal guardian understands that he/she is also waiving rights on behalf of the minor that the minor otherwise may have.  The Undersigned parent or legal guardian agrees that, but for the foregoing, the minor would not be permitted to participate in the Activity.  By signing this Agreement without a parent or legal guardian’s signature, 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 legal parent or guardian of the minor Participant.

6.     Medical Care.  Undersigned authorize the Released Parties and/or their authorized personnel to call for medical care for Participant or to transport Participant to a medical facility or hospital if, in the opinion of such personnel, medical attention is needed.  Undersigned agree to pay all costs associated with such medical care and related transportation.

7.     Acceptance of Equipment.  Undersigned accept for use as is the SUP equipment rented from the Released Parties, and accept full financial responsibility for the care of the equipment during the rental period. Undersigned will be responsible for the replacement at full replacement value of any equipment rented, but not returned to the PADL LLC.  Undersigned agree to return all rental equipment by the agreed date.

8.     Photos/ Video Images. PADL LLC or anyone authorized by PADL LLC has permission to use Participant’s photograph or video image taken during the activity for promotional materials without compensation paid to Participant.

9.     Miscellaneous.  The Undersigned further agree and understand: (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 for any claim shall be the District Court of Miami Dade County, or the federal court of the State of Florida; (c) Undersigned represent he/she is in good physical health; (d) Undersigned agrees to use a life jacket or appropriate leash while participating in the Activity; (e) this Agreement constitutes the entire agreement between the parties hereto and supersedes any and all prior contracts, arrangements, communications, or representations, whether oral or written, between the parties relating to the subject matter hereof; (f) the Undersigned understand and acknowledge that this Agreement is a contract and shall be binding to the fullest extent permitted by law.  If any part of this Agreement is deemed to be unenforceable, the remaining terms shall be an enforceable contract between the parties.  It is the intent of the Undersigned that this agreement shall be binding upon the assignees, subrogors, distributors, heirs, next of kin, executors and personal representatives of the Undersigned.

I HAVE CAREFULLY READ THE FOREGOING ASSUMPTION OF RISK, RELEASE OF LIABILITY & INDEMNIFICATION AGREEMENT AND UNDERSTAND ITS CONTENTS. I AM AWARE THAT I AM RELEASING LEGAL RIGHTS THAT OTHERWISE MAY EXIST.

 

 

Rules of Use

Age:

You must be at least 18 years or older to rent or ride

Number of Riders:

Only one renter or rider at a time. The renter or rider must be the user signed into the iOS or Android PADL Application and renting the equipment.

Swimming Abilities:

You must be able to swim to rent or ride.

Navigating Safely:

As with any vessel or vehicle, you must follow all local laws for your own safety and that of others.

Safety checking before riding:

Before riding, please do a quick inspection. If you see any wires or other visible damage, please reach out to us via our in-app support link or call us at (786) 749-6730.

Life Jackets:

Each paddler must have a USCG-approved Type I, II, III, or appropriate Type V life jacket. It doesn’t have to be worn, although that’s certainly the wisest plan, and one which we strongly recommend.

The jacket must be in “serviceable condition,” without rips, tears or deterioration that will diminish its performance.

The jacket must be of an appropriate size and fit for the wearer.

A Type V jacket can be used as long as it’s USCG-approved and applicable for the activity.

Belt pouch-type inflatable PFDs, such as the ones we carry, must be worn on the person to meet the life jacket regulation. For other types of inflatable PFDs, check the approval description printed on the unit for restrictions.

For all life jackets, be sure to read the label to know if special requirements pertain to that device.

Other Required Gear:

A whistle or other sound producing device must be carried to warn other boaters.

If you’re on the water after sunset, you need to have a flashlight, or similar lighting device, to warn other boaters.

What You Need to Do:

As the operator of a vessel, you need to follow the Navigation Rules.

You are also required to report any boating accident or injury to the local reporting authority, either the USCG or other agency that has been delegated that authority.

Emergency and Accidents:

If you require immediate police or medical attention, please call 911. Once all parties are out of harm’s way, and necessary authorities have been contacted, please reach out to us via our in-app support link or call us at (786) 749-6730. A first aid kit is also available at all locations. Please make sure the security tape and supplies are sealed and intact, and to read instructions inside before use. 

 

United States Coast Guard Regulations

The U.S. Coast Guard (USCG) has determined that SUP boards operated outside a surfing, swimming or bathing area are “vessels” under USCG regulations. The following refers to what that means for you when you’re outside those areas.

Life Jackets:

Each paddler 13 years of age or older must have a USCG-approved Type I, II, III, or appropriate Type V (see below) life jacket. It doesn’t have to be worn, although that’s certainly the wisest plan, and one which we strongly recommend.

A child 12-years old or younger must wear their USCG-approved life jacket.

The jacket must be in “serviceable condition,” without rips, tears or deterioration that will diminish its performance.

The jacket must be of an appropriate size and fit for the wearer.

A Type V jacket can be used as long as it’s USCG-approved and applicable for the activity.

Belt pouch-type inflatable PFDs, such as the ones we carry, must be worn on the person to meet the life jacket regulation. For other types of inflatable PFDs, check the approval description printed on the unit for restrictions.

For all life jackets, be sure to read the label to know if special requirements pertain to that device.

Other Required Gear:

A whistle or other sound producing device must be carried to warn other boaters.

If you’re on the water after sunset, you need to have a flashlight, or similar lighting device, to warn other boaters.

What You Need to Do:

As the operator of a vessel, you need to follow the Navigation Rules.

You are also required to report any boating accident or injury to the local reporting authority, either the USCG or other agency that has been delegated that authority.

 

Required Safety Equipment 

 

Unless the paddleboard is being used within a “swimming, surfing or bathing area,” the paddleboard must have a USCG-approved life jacket for each person and a sound-producing device on board while on the water. 

 

Although persons on the paddleboard are not required to wear the life jacket while on Florida waters (unless they are less than 6 years of age), it is advisable to find a comfortable life jacket that you can wear or easily carry while on the water. 

 

A "sound-producing device" is a small whistle or horn that can be heard for a least one-half nautical mile. "Referee-type" whistles or other similar devices that can be attached to your life jacket should work well. 

 

If you are operating in limited visibility or at night, you will also need a flashlight or lantern that produces a white light. It should be displayed to approaching vessels in enough time to prevent a collision. The light should not be continually displayed. 

 

If using a paddleboard offshore or on certain coastal waters at nighttime, visual distress signals may be required, per the Code of Federal Regulations. 

 

This information on required equipment for paddleboards is general information and is not intended to address every situation on the water.

Florida Administrative Code Rule 68D-34.002

(1) Any livery offering vessels for lease or rent must ensure that all individuals who rent or lease a vessel, as well as each potential operator of a rented or leased vessel, have received pre-rental and pre-ride instruction in the following topics prior to operation:

(a) Operator responsibility, including ethics, courtesy and good judgment on the water.

1. Avoiding careless, reckless, and negligent operation of vessels.

2. The effects of alcohol, controlled substances, and stressors.

3. The responsibility of the vessel operator for the safe and proper operation of the vessel. 

(b) Navigation Rules.

1. Maintaining proper lookout.

2. Keep a safe distance from other vessels and objects and operate at a safe speed for the conditions, location, and environment.

3. Operating defensively.

4. Requirements to give way to other vessels and vessel right of way.

(c) Boating Restricted Areas, Manatee Protection Zones, and other areas within which boating is prohibited or in which boating speed is regulated. Regulatory markers including Idle Speed, Slow Speed, and mile per hour restrictions and aids to navigation shall also be covered.

(d) Awareness of changes in weather or water conditions and proper responses to those changes.

(e) The requirements for operating a vessel while a person is waterskiing or participating in similar activities identified in Section 327.37, F.S., if applicable to the vessel being leased or rented.

(f) Boating accidents.

1. Causes and prevention of accidents.

2. Legal requirements – remaining on scene; rendering assistance; reporting accidents.

(g) Propulsion, steering, and stopping characteristics of vessels generally and of the specific vessel being leased or rented.

(h) Location and content of manufacturer’s warning labels. 

(i) Boarding, falling off, capsizing, taking on water, and reboarding, and emergency procedures for dealing with these situations.

(j) Problems seeing other vessels and being seen by them.

(k) The dangers of wake or surf jumping and other reckless operations.

(l) Noise, nuisances, and other environmental concerns.

(m) Specific personal watercraft safety requirements (wearing personal flotation devices, using kill switch lanyard, location of sound producing device and fire extinguisher, age requirements for personal watercraft operation, and lawful hours of operation).

(n) Boating safety identification cards; age and engine requirements.

(o) Photographic identification.

(p) Florida divers-down warning device requirements.

(q) Awareness of fish and wildlife with potential impacts to boaters and boating safety, including, but not limited to manatees, whales, dolphins, and sturgeon (if locally applicable).

(r) Ecosystem awareness and potential impacts to boaters and boating safety based on local issues.

(s) Specific operational characteristics of the vessel being leased or rented.

(t) Local characteristics of the waterway where the leased or rented vessel will be operated, including navigational hazards, the presence of boating restricted areas, and water depths.

(u) Location and proper use of safety equipment.

(v) The requirement to operate at a speed no faster than slow speed minimum wake within 300 feet of an emergency vessel when the vessel’s emergency lights are activated and within 300 feet of a construction vessel or barge displaying an orange flag.

(w) Requirements for operating paddlecraft within the marked channel of the intracoastal waterway.

(2) In addition to the topics listed in subsection (1), any livery offering vessels for lease or rent for off-site use or for daily or longer time periods must ensure that all individuals intending to operate a vessel have been provided pre-rental and pre-ride instruction in the following topics:

(a) Fueling and ventilation.

(b) Trailering and transporting.

(c) Float plans; how and when to complete a float plan.

(d) Specific local hazards; such as large bodies of water, weather, dams, cold water, commercial vessel traffic, etc.

(3) Liveries offering a vessel for lease or rent shall conduct an on-the-water demonstration and check ride to verify the prospective operator’s ability to safely operate the vessel to be leased or rented.

(4) Both the individual providing pre-rental and pre-ride instruction and the person receiving pre-rental and pre-ride instruction must sign a form attesting that the pre-rental and pre-ride instruction was provided and received in accordance with this rule and Section 327.54, F.S. using form FWCDLE_313 (11/2022), Livery Pre-Rental and Pre-Ride Instruction Attestation, which is hereby incorporated by reference and which is available at https://www.flrules.org/Gateway/reference.asp?No=Ref-15112.

Rulemaking Authority 327.04, 327.39, 327.54 FS. Law Implemented 327.39, 327.54 FS. History–New 1-31-23.

Media Release

I hereby grant the PADL and all of its related entities permission to use my likeness in a photograph, video, or other digital media (“photo”) in any and all of its publications, including web-based publications, without payment or other consideration. 

I understand and agree that all photos will become the property of PADL and its related entities and will not be returned. 

I hereby irrevocably authorize the PADL and its related entities to edit, alter, copy, exhibit, publish, or distribute these photos for any lawful purpose. In addition, I waive any right to inspect or approve the finished product wherein my likeness appears. Additionally, I waive any right to royalties or other compensation arising or related to the use of the photo. 

I hereby hold harmless, release, and forever discharge the PADL and its related entities from all claims, demands, and causes of action which I, my heirs, representatives, executors, administrators, or any other persons acting on my behalf or on behalf of my estate have or may have by reason of this authorization. 

I HAVE READ AND UNDERSTAND THE ABOVE PHOTO RELEASE. I AFFIRM THAT I AM AT LEAST 18 YEARS OF AGE.