FIN TERMS AND CONDITIONS AND RENTAL AGREEMENT

Updated 2/27/24

THESE TERMS AND CONDITIONS AND RENTAL AGREEMENT AS WELL AS THE ADDITIONAL TERMS OF USE FOR EACH TYPE OF RECREATIONAL EQUIPMENT (HEREINAFTER “AGREEMENT”) CONTAIN RELEASES, WARRANTY LIMITATIONS, ASSUMPTION OF RISK PROVISIONS, AND INDEMNITY PROVISIONS, ALL OF WHICH LIMIT YOUR LEGAL RIGHTS AND REMEDIES. BEFORE RENTING FIN RECREATIONAL EQUIPMENT, YOU ARE RESPONSIBLE FOR READING THIS AGREEMENT CAREFULLY AND UNDERSTANDING AND ACCEPTING ITS BINDING EFFECTS.

This Agreement is between You, the renter or borrower of Recreational Equipment, and Fin Outdoor Recreation, also known as “Fin Outdoor Recreation LLC” “Benson Outfitters, LLC” and “Bay Venture Outfitters” (hereinafter “Fin”).

I. RELEASES; NO WARRANTIES; ASSUMPTION OF RISK; INDEMNIFICATION.

SECTION 1 RELEASES; NO WARRANTIES.

IN EXCHANGE FOR YOUR BEING ALLOWED TO USE ANY OF THE SERVICES, RECREATIONAL EQUIPMENT, RACKS, OR RELATED INFORMATION, YOU (ACTING FOR YOURSELF AND FOR ALL OF YOUR FAMILY, HEIRS, AGENTS, AFFILIATES, REPRESENTATIVES, SUCCESSORS, AND ASSIGNS) DO FULLY AND FOREVER RELEASE, HOLD HARMLESS, PROMISE NOT TO SUE, AND DISCHARGE ALL RELEASED PARTIES FROM ALL CLAIMS THAT YOU HAVE OR MAY HAVE AGAINST ANY RELEASED PARTIES ARISING OUT OF OR IN ANY WAY RELATED TO YOUR USE OF THE SERVICES. Such releases are intended to be general and complete releases and waivers of all claims arising out of or in any way related to Your use of the Services. The Released Parties may plead such releases as a complete and sufficient defense to any claim and may do so as intended third-party beneficiaries of such releases, if appropriate.

WITHOUT LIMITATION OF THE FOREGOING GENERAL RELEASES, YOU ACKNOWLEDGE AND AGREE THAT, EXCEPT AS MAY OTHERWISE BE LIMITED OR EXPANDED BY APPLICABLE LAW, RELEASED PARTIES ARE NOT RESPONSIBLE OR LIABLE FOR ANY CLAIM, INCLUDING THOSE THAT ARISE OUT OF OR RELATE TO:

ANY RISK, DANGER, OR HAZARD DESCRIBED IN THIS AGREEMENT,
YOUR USE OF, OR INABILITY TO USE, ANY OF THE SERVICES, RECREATIONAL EQUIPMENT, RACKS, OR RELATED INFORMATION,
YOUR BREACH OF THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO YOUR VIOLATION OF ANY PROHIBITED ACT SET OUT IN THIS AGREEMENT OR YOUR VIOLATION OF ANY LAW OR YOUR VIOLATION OF GOOD SAFETY PRACTICES,
ANY NEGLIGENCE, MISCONDUCT, OR OTHER ACTION OR INACTION BY YOU OR BY ANY RELEASED PARTIES,
YOUR FAILURE TO WEAR RECOMMENDED OR REQUIRED PROTECTIVE GEAR, EQUIPMENT, OR CLOTHING WHILE USING THE SERVICES OR RECREATIONAL EQUIPMENT OR THE FAILURE OF SUCH PROTECTIVE GEAR, EQUIPMENT, OR CLOTHING TO PREVENT DEATH OR INJURY, OR
ANY NEGLIGENCE, MISCONDUCT, OR OTHER ACTION OR INACTION OF ANY THIRD PARTY.

YOU RELEASE AND WAIVE ALL CLAIMS WITH RESPECT TO ANY OF THE FOREGOING, INCLUDING THOSE BASED IN CONTRACT, TORT (I.E. A WRONGFUL ACT OR AN INFRINGEMENT OF A RIGHT, INCLUDING NEGLIGENCE), STATUTORY LAW, OR OTHER GROUNDS, EVEN IF RELEASED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIMS.

YOU FURTHER SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF ANY OF THE SERVICES, RECREATIONAL EQUIPMENT, RACKS, OR RELATED INFORMATION IS AT YOUR SOLE RISK. To the fullest extent permitted by law, and with respect to Your use of any of the Services, Recreational Equipment, Racks, or Related Information, Released Parties disclaim all express and implied warranties, including warranties of merchantability and fitness for a particular purpose.

ALL OF THE SERVICES, RECREATIONAL EQUIPMENT, RACKS, OR RESOURCES AND INFORMATION PROVIDED BY FIN ARE PROVIDED “AS IS” AND “AS AVAILABLE,” AND YOU RELY ON THEM SOLELY AT YOUR OWN RISK. Released Parties do not represent or warrant that any of the Services, Recreational Equipment, Racks, or resources and information provided by Fin will be in good repair or error or defect-free. You acknowledge and agree that delays, omissions, interruptions, defects, or inaccuracies could exist with respect to any of the Services, Recreational Equipment, Racks, or resources and information provided by Fin.

YOU ASSUME FULL AND COMPLETE RESPONSIBILITY AND RISK OF LOSS FOR USING ANY OF THE SERVICES, RECREATIONAL EQUIPMENT, RACKS, OR RESOURCES AND INFORMATION PROVIDED BY FIN, AND RELEASED PARTIES ARE NOT LIABLE FOR ANY CLAIM ATTRIBUTABLE TO ANY OF THE FOREGOING.

YOU ASSUME FULL AND COMPLETE RESPONSIBILITY AND LIABILITY FOR ALL CONSEQUENCES AND CLAIMS OF ANY KIND OR NATURE WHATSOEVER RELATED TO RECREATIONAL EQUIPMENT THAT MAY BE LOST OR STOLEN WHILE IN YOUR POSSESSION AND CONTROL OR OTHERWISE UNLOCKED FROM THE FIN RACKS DURING A RENTAL IN YOUR NAME.

SECTION 2 ASSUMPTION OF RISK; INDEMNIFICATION.

YOU AGREE THAT YOU ARE SOLELY AND FULLY RESPONSIBLE FOR THE SAFE OPERATION OF THE RECREATIONAL EQUIPMENT AT ALL TIMES. You understand that this and other sections in this Agreement describe and relate to the risks relating to your use of the Services and Recreational Equipment. You agree that bicycles, kayaks, and other Recreational Equipment are machines that may malfunction, even if the Recreational Equipment is properly maintained, and that such malfunction may cause injury and death to You, to others, and to property.

YOU FURTHER AGREE THAT, BEFORE ANY USE OF THE SERVICES OR RECREATIONAL EQUIPMENT, YOU WILL PERFORM THE SAFETY INSPECTION DESCRIBED IN THIS AGREEMENT AND ON THE FIN WEBSITE, YOU WILL NOT USE ANY RECREATIONAL EQUIPMENT THAT FAILS THE SAFETY INSPECTION, and you will notify Fin of such failure within a reasonable time of discovering the failure.

You agree that using the Services and Recreational Equipment involves many inherent, obvious, and not-so-obvious risks, dangers, and hazards which may result in injury or death to Yourself or others, and may result in damage to property, and that such risks, dangers, and hazards cannot always be predicted or avoided. The risks inherent in the use of the Services and Recreational Equipment includes but are not limited to those described in each Recreational Equipment’s Additional Terms of Use found in Section III below.

You are aware and agree that use of Recreational Equipment entails risks, known and unknown, that may result in injury or death to any participant. YOU UNDERSTAND AND AGREE THAT THE DESCRIPTION OF THESE INHERENT RISKS IS NOT COMPLETE and that other unknown or unanticipated inherent risks may result in injury or death. YOU AGREE TO ASSUME AND ACCEPT FULL RESPONSIBILITY FOR THE INHERENT RISKS IDENTIFIED HEREIN AND THOSE INHERENT RISKS NOT SPECIFICALLY IDENTIFIED.

YOUR PARTICIPATION IN THE SERVICES AND USE OF RECREATIONAL EQUIPMENT IS PURELY VOLUNTARY, no one is forcing You to participate, and You elect to participate in spite of and with full knowledge of the inherent risks. You acknowledge that engaging in this activity may require a degree of skill and knowledge different than other activities and that You have responsibilities as a participant. You acknowledge that Fin has provided resources regarding the use of the Recreational Equipment that has been made available through its website, mobile application, email, and phone to more fully explain to You the nature and physical demands of this activity and the inherent risks, hazards and dangers associated with this activity, and it is Your responsibility and within your own discretion to seek out the information. You further acknowledge and agree that Fin shall not be responsible or liable in any way for any damages you incur or allege to have incurred, either directly or indirectly, as a result of your use and/or reliance upon any such content, education, information, advertising, products, or materials on or available from Fin’s Platform or resources including videos, tutorials, or signage.

You further agree that if Your use of any of the Services or Recreational Equipment causes any injury or damage to another person or property, You may be liable for all resulting injuries, damages, and related costs. BY CHOOSING TO USE THE SERVICES AND RECREATIONAL EQUIPMENT, YOU ASSUME FULL AND COMPLETE RESPONSIBILITY FOR ALL RELATED FORESEEABLE AND UNFORESEEABLE RISKS, DANGERS, AND HAZARDS, AND YOU AGREE THAT FIN AND ALL OTHER RELEASED PARTIES ARE NOT RESPONSIBLE FOR ANY DEATH, INJURY, DAMAGE, OR COST CAUSED BY YOU WITH RESPECT TO ANY PERSON OR PROPERTY, INCLUDING THE EQUIPMENT ITSELF.

YOU AGREE, WITHOUT LIMITATION, TO INDEMNIFY AND HOLD HARMLESS ALL RELEASED PARTIES FROM ANY DEATH, INJURY, OR DAMAGE TO YOURSELF, ANOTHER PERSON OR PARTIES, OR PROPERTY ARISING OUT OF OR IN ANY WAY CONNECTED TO YOUR USE OF THE SERVICES OR RECREATIONAL EQUIPMENT.

II. FEES.

SECTION 1 MEMBERSHIP.

A Fin account-holder is also known as a Fin “Member,” and a Fin account is also known as a Fin “Membership.” Being a Member and having a Membership does not create any special benefits of Membership or obligations by Fin to You beyond those described in this Agreement. Nor does Membership create a duty of care by Fin to You or Member. MEMBERS USE FIN’S SERVICES AND RECREATIONAL EQUIPMENT AT THEIR OWN RISK. Membership and access to the Services and Recreational Equipment may be revoked at anytime and for any reason at the sole discretion and judgment of Fin. At any time and from time to time and without Your consent, Fin may unilaterally terminate Your right to use any of the Services and Recreational Equipment in Fin’s sole discretion and without any notice or cause.

When you create an account or Membership, You agree to be charged any applicable fees set forth on the Platform plus any fees that You incur as described below.

SECTION 2 TRIP AND SURCHARGE FEES.

Your rental period (“Trip”) will be calculated beginning when You unlock any Recreational Equipment from a Rack. You will be charged the applicable usage fees set forth on the Platform, which may be subject to applicable sales taxes and other local government charges. After returning Recreational Equipment to a Rack, You may rent another piece of Recreational Equipment which will begin a new Trip.

Use of certain Recreational Equipment may incur surcharges at amounts listed on the Platform. If You use Recreational Equipment that incurs a surcharge, You will be charged the surcharge in addition to any other applicable Membership and usage fees.

Your usage fees will be charged against Your acceptable credit or debit card at the end of each Trip. You may access a statement of Your Trip history and associated charges at any time by logging into Your Account profile page on the Platform. If You have any dispute regarding a chargeable Trip, then You must, within seven (7) business days of the disputed charge, provide to Fin all Trip information that is necessary to identify the disputed charge, such as the date of the Trip and the approximate starting and ending times. Your Trip receipt, if any, indicating the date and time You returned the Recreational Equipment would be additional proof that the Recreational Equipment had been properly returned. You are encouraged to maintain all Trip receipts.

SECTION 3 SUBSCRIPTIONS AND FEES.

A “subscription” is a single payment that grants a Member unlimited use of any Recreational Equipment for a prescribed period of time. Subscriptions may be purchased for predetermined periods of time. Subscriptions renew automatically at the end of the Subscription period unless the Member cancels the automatic renewal. A Member may cancel the automatic renewal of a Subscription by logging into the Member’s account on the Fin App and cancelling the automatic renewal at least 24 hours prior to the date of the then-current Subscription being renewed. Subscription fees are listed on the Fin Platform. The Membership and the personal identification number or system key related to an Account or Membership are non-transferable and may be terminated if Member breaches this Agreement, as decided by Fin in its sole discretion.

SECTION 4 LOST OR DAMAGED RECREATIONAL EQUIPMENT; ADDITIONAL FEES.

The data generated on Fin’s computers by Your use of the Services is conclusive evidence of the period of Your use of Recreational Equipment. Any use of Recreational Equipment that extends beyond the official time of sunset on the day of use is deemed a disappearance of the Recreational Equipment until the Recreational Equipment is found or returned to a Rack. If the Recreational Equipment is not returned to a Rack within one hour after the official time of sunset, then the Recreational Equipment is deemed lost or stolen, and Your credit or debit card will be charged a lost equipment fee of up to $1,200, and a police report may be filed by Fin with local authorities.

You must return the Recreational Equipment in the same condition in which it was rented. If the Recreational Equipment is returned to a Rack damaged or in a state of disrepair, then You will be charged a fee that is equal to the cost of repair. Such fees may be charged as soon as 24 hours after the Recreational Equipment is not returned or is returned in a damaged state. Fin will attempt to contact You via telephone and email before charging the Your credit or debit card, by using the contact information You provided when creating an account.

For any disappearance of a Recreational Equipment that was rented on Member’s account, You must report the disappearance by filing a formal police report with the local police department and also notify Fin within 24 hours following the disappearance.

Equipment must stay within the Geofenced area defined on the Platform. If you exit this area during your Trip, Your credit or debit card may be charged a fee of up to $100.

SECTION 5 CREDIT AND DEBIT CARD MATTERS.

You must input a valid credit or debit card number and expiration date before You will be registered to use the Services and Recreational Equipment. You represent and warrant to Fin that You are authorized to use the credit or debit card. You authorize Fin to charge Your credit or debit card for all fees incurred by You, subject to applicable sales taxes and other local government charges. If You dispute any charge on Your credit or debit card account, then You must contact Fin within ten (10) days of Your receipt of Your statement containing the disputed charge. You agree to immediately inform Fin of all changes relating to Your credit or debit card

and update Your member profile on the Platform.

III. ADDITIONAL TERMS OF USE

You agree to abide by the Additional Terms of Use applicable to each type of Fin Recreational Equipment you use. Each Additional Terms of Use may be amended by Fin at its sole discretion and the revised Additional Terms of Use will be posted on the website or in the App. Your continued use of the Recreational Equipment after we make any changes to the Recreational Equipment Additional Terms of Use constitutes your agreement to those changes. Each Additional Terms of Use are expressly incorporated by reference into these Terms. You can find the Additional Terms of Use for bikes here, and for kayaks here.

IV. MISCELLANEOUS

SECTION 1 EQUIPMENT ACCESS & AREAS OF USE

Access to the Services and Recreational Equipment is conditioned on the availability of Recreational Equipment at each Rack. Fin does not represent or warrant the availability of any Services or the availability of any Recreational Equipment at any Rack. No sponsor of Fin has any responsibility for providing any Services and Recreational Equipment. You may use the Platform to check the inventory of Recreational Equipment at a Rack. You agree that Fin may require Member to return a piece of Recreational Equipment at any time, and if such a demand is made, You will comply.

The Fin Services and Recreational Equipment are available for use only within defined areas (the “Geofence”). You must stay within these areas defined on the Platform. If you exit the areas, intentionally or unintentionally, you may be charged the fee described in Section II.

SECTION 2 MEANS OF TRANSPORTATION

You represent, warrant, and agree that Fin and the other Released Parties are not common carriers and provide this Service as a means of recreation only. Alternative means of public and private transportation are available to the general public and to You, including public buses and rail services, taxis, and pedestrian paths. Fin provides the Services and Recreational Equipment only as a convenience, and such rental availability is intended to be used only by those persons who are able and qualified to operate the Recreational Equipment on their own and who have agreed to all terms and conditions of this Agreement.

SECTION 3 INCIDENTS

You must report to the police and to Fin at as soon as reasonably possible after the occurrence of:

any crash, damage, loss, or personal injury while using a piece of Recreational Equipment,
any vandalism of any of the Services or Recreational Equipment,
and any stolen or lost Recreational Equipment.

SECTION 4 TERM AND TERMINATION.

The term of this Agreement begins when You first create an account on the Fin Platform, also known as a Membership. The term of this Agreement ends 10 years after Your last use of the Services and Recreational Equipment provided, however, that Your personal financial responsibility under Section II of this Agreement, titled Credit and Debit Card Matters, expires one year after the later of (i) Your last use of the Services and Recreational Equipment, or (ii) the expiration of Your Membership. At any time and from time to time, and without Your consent, Fin may unilaterally terminate Your right to use any of the Services and Recreational Equipment, in Fin’s sole discretion and without any notice or cause. You may terminate Your use of the Services and Recreational Equipment at any time, and, in the event that You terminate this Agreement, You agree that (i) no refund will be provided by Fin, (ii) the term of this Agreement continues in accordance with this Section, and (iii) You may still be charged any applicable additional fees arising under this Agreement. This Agreement remains in full force and effect, in accordance with its terms and conditions, after any termination of Your right to use any of the Services, regardless of how the Agreement is terminated.

SECTION 5 DEFINITIONS.

“Bicycle” and “Bicycles” means those owned and rented by Fin.
“Fin” means and includes Fin Outdoor Recreation LLC & Benson Outfitters, LLC.
“Geofenced” area means the area outlined and described on the Fin Website or App that defines the area within which the Recreational Equipment must remain.
“Member” means a Fin account holder or user of Fin Services and Equipment.
“Membership” means a Fin account.
“Platform” means, collectively, the Fin Mobile Application and Fin Website, www.findf.in.
“Racks” are Fin structures into which Bicycles and Kayak are stored and locked.
“Racking” is the act of storing and locking Bicycles and Kayak by the user into a Fin Rack.
“Recreational Equipment” means and includes Bicycles, Kayaks, and other equipment provided as part of a Fin rental.
“Kayak” means a flat water, sit-on-top kayak which is propelled through water by a double-sided paddle.
“Released Parties” means and includes (1) the entities of Fin (2) any past or present officers, directors, and employees of the entities just described in their individual and official capacities, (3) any past or present subsidiaries, affiliates, owners, equity holders, members, managers, agents, representatives, officers, directors, partners, fiduciaries, insurers, attorneys, successors, or assigns of the entities just described, (4) and to the fullest extent permitted by law any Municipality (including its elected and appointed officials, officers, employees, agents, contractors, and volunteers) in which User utilizes Services, and every property owner or operator with whom Fin has contracted to operate Services and all of such parties’ owners, managers, affiliates, employees, contractors, officers, directors, shareholders, agents, representatives, successors, and assigns.
“Safety Inspection” is the process of reviewing the Recreational Equipment for damage and the proper functioning of the Recreational Equipment prior to its use. A description of the pre-Trip required safety inspection is found on the App and the Website.
“Services” includes but it not limited to the operations provided by Fin and are composed of several elements, including (1) Recreational Equipment racks that allow storage and securement of Recreational Equipment (“Racks”), (2) Fin Recreational Equipment (3) Fin mobile application (“App”) and Fin website, findf.in (“Website”) (the Mobile App and the Website, collectively, the “Platform”), and (4) all related equipment, personnel, and information, education, management, and oversight.
“Trip” is the rental period that is calculated beginning when You unlock any Recreational Equipment from a Rack and ending upon return and locking of Recreational Equipment to a Rack.
“User” means an individual who uses the Services or Recreational Equipment.

SECTION 6 NOTICES.

You may contact Fin by writing, calling, or emailing Fin at the street address, telephone number, and email address listed below:

Fin Outdoor Recreation LLC

15 N. Main Street

North East, MD 21901

Customer Service: (833) 736-8346

[email protected]

SECTION 7 CLAIMS & CLASS ACTION WAIVER; WAIVER OF JURY TRIAL; RECOVERY OF COSTS

This Agreement is governed by, and must be construed and enforced in accordance with, the laws of the State of Maryland, excluding principles of conflicts of laws. You agree that any claim or dispute must be resolved exclusively by a state or federal court located in Delaware.

YOU AND FIN EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.

IF FOR ANY REASON A CLAIM PROCEEDS IN COURT, YOU IRREVOCABLY WAIVE YOUR RIGHT TO TRIAL BY JURY IN ANY ACTION OR PROCEEDING ARISING OUT OF THIS AGREEMENT OR THE TRANSACTIONS RELATING TO ITS SUBJECT MATTER. We also both agree that You or We may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

This Class Action Waiver section shall survive any termination of your Account or the Platform. Further, if Fin prevails in litigation against You to enforce its rights under this Agreement, Fin shall be entitled to its costs, expenses, and reasonable attorneys’ fees (whether incurred at or in preparation for trial, appeal, or otherwise) incurred in resolving or settling the dispute, in addition to all other damages or awards to which Fin may be entitled.

SECTION 8 WAIVER OF TERMS OF AGREEMENT; MEDIA GRANT AND RELEASE.

No waiver of any breach of any provision of this Agreement is a waiver of any other breach or of any other provision of this Agreement. The terms of this Agreement may be waived or amended only in writing and only by the party that is entitled to the benefits of the term being waived or amended.

For good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, You do hereby knowingly, voluntarily, and irrevocably:

give Your full and unconditional consent to Fin and its affiliates, successors, and assigns to use at any time and from time to time, without any restriction, Your appearance and voice in photographs, videos, and other recordings, on all websites and for all press, promotional, advertising, publicity, and other commercial purposes, including all formats and media, whether now known or hereafter devised, throughout the world and in perpetuity;
1. grant to Fin and its affiliates, successors, and assigns
2. the right to photograph, videotape, and otherwise record Your appearance and voice, at any time and from time to time,
3. all rights, copyrights, title, and interests in the results of such photographs, videos, and other recordings, as a work for hire for copyright purposes, and
the right to use, reproduce, exhibit, distribute, transmit, alter, and exploit, at any time and from time to time and as Fin may decide in its sole discretion, the photographs, videos, and other recordings, or any component thereof, and all related merchandising, promotions, advertising, and publicity; and
waive, release, and discharge FIN and all Released Parties from all claims that You have or may have for any libel, defamation, invasion of privacy, right of publicity, infringement of copyright, or violation of any right granted by You in this paragraph.

SECTION 9 PRIVACY POLICY.

Fin’s collection and use of personal information in connection with the Services is as provided in our Privacy policy, located at “https://findf.in/privacy-policy/“

SECTION 10 CUMULATIVE REMEDIES.

All rights and remedies granted under or referred to in this Agreement are cumulative and nonexclusive, and resort to one does not preclude the availability or applicability of another or to any other right, remedy, or defense provided by law.

SECTION 11 FINAL AGREEMENT; MODIFICATION BY FIN.

This Agreement contains the complete, final, and exclusive integrated agreement between You and Fin with respect to its subject matter. This Agreement supersedes all other prior agreements, written or oral, relating to such subject matter. At any time and from time to time, and without Your consent, Fin may unilaterally amend, modify, or change this Agreement, in its sole discretion and without any notice or cause, and by continuing to use any Services or Recreational Equipment after any amendment, modification, or change, You have agreed to be bound by all such amendments, modifications, and changes. You must carefully review this Agreement on a regular basis to maintain awareness of all amendments, modifications, and changes.

Whenever a change is made to this Agreement, Fin will post a notification on the Platform. Notwithstanding any provision in this Agreement that may be to the contrary, the pricing set forth on the Platform supersedes all pricing set forth in this Agreement.

SECTION 12 SEVERABILITY.

If a court deems any provision of this Agreement, including but not limited to the class action waiver provisions, illegal or otherwise unenforceable for any reason, You agree that such provision shall be severed from the Agreement and shall be inoperative, and the remainder of the Agreement shall remain operative and shall be binding on the parties.

USER AGREEMENT TO RECREATIONAL EQUIPMENT RENTAL AGREEMENT

I hereby represent that I am the person renting Fin Recreational Equipment, I am 18 years of age or older, and I have read and agreed to all of the terms and conditions set forth in this Rental Agreement.

I hereby represent that I am a parent or legal guardian of the minor BICYCLE User, who is 16 years of age or older, and that I am fully authorized to execute this Agreement on behalf of myself and all other parents or legal guardians of the minor User. I hereby give permission and consent to the minor’s use of the Services and Recreational Equipment within the terms and conditions set forth in this Agreement and have explained these terms and conditions to the minor User. It is my decision as the minor User’s parent or legal guardian that the Services are suitable for the minor Bicycle User and am aware that MINORS ARE NOT PERMITTED TO USE KAYAKS. I further agree to the terms and conditions set forth in this Agreement, and I shall assume any and all responsibility and liability for the minor’s use of the Services and Recreational Equipment as provided by the terms of this Agreement to Members. I further agree to defend and indemnify any Released Parties from any and all claims by the minor User arising out of or connected to the minor User’s use of the Services and Recreational Equipment whether or not any negligence by any Released Parties, in whole or in part, is alleged to have contributed to any claims.