FIN TERMS AND CONDITIONS AND RENTAL AGREEMENT 

Updated Sunday, June 19, 2022

THESE TERMS AND CONDITIONS AND RENTAL AGREEMENT (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 Rental Agreement is between You, the renter or borrower of Recreational Equipment, and Fin Outdoor Recreation, also known as “Benson Outfitters, LLC” and “Bay Venture Outfitters” (hereinafter “Fin”). Fin, the entities of Fin, Benson Outfitters, LLC, and Bay Venture Outfitters, any past or present officers, directors, and employees of the entities just described in their individual and official capacities, and 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 are “Released Parties.”

Definitions of terms referenced in this Agreement are in Section V.5 below.

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 (A) ANY RISK, DANGER, OR HAZARD DESCRIBED IN THIS AGREEMENT, (B) YOUR USE OF, OR INABILITY TO USE, ANY OF THE SERVICES, RECREATIONAL EQUIPMENT, RACKS, OR RELATED INFORMATION, (C) 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, (D) ANY NEGLIGENCE, MISCONDUCT, OR OTHER ACTION OR INACTION BY YOU OR BY ANY RELEASED PARTIES, (E) 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 (F) 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, AND RELATED INFORMATION 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 Related Information 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 Related Information. 

YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS FOR USING ANY OF THE SERVICES, RECREATIONAL EQUIPMENT, RACKS, OR RELATED INFORMATION, 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 STOLEN OR LOST RECREATIONAL EQUIPMENT.

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 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 WESBITE,  YOU WILL NOT USE 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 below.

  1. Inherent Risks of the Use of Recreational Watercraft including Kayaks:

Use of kayaks and Recreational Watercraft is not without risk. Certain risks are inherent in kayaking and cannot be eliminated or controlled without destroying the unique character of the activity of kayaking. These inherent risks are some of the same elements that contribute to the unique character of this activity and can be the cause of loss or damage to equipment, accidental injury, illness, or in extreme cases, permanent trauma or death. You hereby contractually agree that such risks exist and that the below risks are inherent to the activity of kayaking. The following describes some, but certainly not all, of those risks: 

  • Turning over while boating and becoming wet or submerged
  • The threat of bodily harm or even death due to visible, hidden, or unmarked obstacles, including but not limited to rocks, trees, and other boaters
  • Drowning
  • Hypothermia and/or cold-water immersion which can result in shock or heart failure
  • Exposure to poisonous or harmful plants, animals, insects and reptiles 
  • Changes in river level that can create high-water conditions and dangerous floating or submerged debris
  • Inclement weather that may develop while on the water or while on land
  • Lack of prompt or adequate medical attention due to the unique and possibly remote location or failure of phone or cell service
  • Failure of equipment
  • Getting lost
  • NEGLIGENCE ON THE PART OF FIN OR THEIR STAFF
  1. Inherent Risks of the Use of Bicycles

Use of Bicycles is not without risk. Certain risks are inherent in bicycling and cannot be eliminated without destroying the unique character of the activity of bicycling. These inherent risks are some of the same elements that contribute to the unique character of this activity and can be the cause of loss or damage to equipment, or accidental injury, illness or, in extreme cases, permanent trauma or death. You hereby contractually agree that such risks exist and that the below risks are inherent to the activity of bicycling. The following describes some, but certainly not all, of those risks:

  • changing weather conditions; 
  • mechanical failure of the equipment; 
  • loss of balance; 
  • difficulty or inability to control one’s speed and direction; 
  • variation or steepness in terrain; 
  • rapid or uncontrolled acceleration on hills and inclines; 
  • variation or changes in the cycling surface including holes or depressions in the roads; 
  • collision with unmarked, hidden, visible, man-made or natural obstacles or  hazards on or adjacent to the cycling terrain; 
  • encounters with wildlife, collision with pedestrians, vehicles or other cyclists; 
  • becoming lost;
  • failure to cycle safely or within one’s own ability or within designated areas; 
  • negligence of other participants; and 
  • NEGLIGENCE ON THE PART OF FIN OR THEIR STAFF 

You are aware and agree that use of Bicycles and Recreational Watercraft including kayaks 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 educational information 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. 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 Recreational 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.

To use the Fin Mobile Application (“App”) and Website (collectively, the “Platform”) and become a Fin Member,  You must create an account (“Account”) on the Platform. You are a Member when you have created an account. Membership and access to the Service and Recreational Equipment may be revoked at anytime for any improper use of the Service and Recreational Equipment with regard to this Agreement or for any other reason. 

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 SUBSCRIPTION FEES.

After you become a Fin member You may purchase a subscription to use the Services for a set fee allowing use of all equipment for a set period of time. A subscription will automatically renew until cancelled. When you enroll in a Subscription, You agree to be charged the applicable subscription fee set forth on the Platform plus any fees that You incur as described in Section 2.

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 released 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. DIRECTIONS AND ADDITIONAL TERMS OF USE – WATERCRAFT.

SECTION 1 PROHIBITED ACTS.

  • You may not use a Recreational Watercraft if You are under 18 years of age.
  • You must not conduct yourself in any manner or otherwise impede the safe operation of the Recreational Watercraft while using the Recreational Watercraft, unless in an emergency situation. Such prohibited conduct may include operating a Recreational Watercraft while under the influence of any alcohol, drugs, medication, or other substance; use any cellular telephone, tablet, laptop, text messaging device, portable music player, or other device; carrying any backpack, bag, or other item on the kayak or on your person.
  • Each Recreational Watercraft is intended for use by one person only; You may not carry, tow, or otherwise transport a second person (including a child or pet) using a Recreational Watercraft.
  • You may not Rack or lock any Recreational Watercraft other than a Fin Recreational Watercraft in any Rack.
  • You may not bring or load a Recreational Watercraft into a vehicle, or ride or transport a Recreational Watercraft outside of the specified areas associated with each individual rack.
  • You may not use any locking mechanism, other than the locking mechanism provided by Fin at the Rack, to lock a Recreational Watercraft to a Rack.
  • You may not violate any applicable federal, state, or local law, or any command or instruction from Coast Guard, Natural Resources Police, or other law enforcement personnel, including those for Recreational Watercraft paddlers.
  • You may not modify, dismantle, write on, or otherwise alter or deface a Recreational Watercraft or any part of a Recreational Watercraft in any way. You may not write on, peel, or otherwise modify or deface any sticker on a Recreational Watercraft in any way. You may not use a Recreational Watercraft for any advertising or similar commercial purpose.
  • You may not attach anything to a Recreational Watercraft, including but not limited to baskets, cup-holders, electric or mechanical drives, fishing rod mounts, or child seats. You may not exceed the maximum weight limit for the Recreational Watercraft, and You may not otherwise use the cargo areas improperly with regard to type of contents or any visual obstruction or riding impediment.
  • You may not operate a Recreational watercraft in poor or dangerous weather conditions, current or forecasted, including a small craft advisory, rain, high winds, or other adverse weather conditions such as thunderstorms, which could make it more dangerous to operate a Recreational watercraft. You must limit or adjust Your behavior to suit the weather conditions, and You must promptly act in a safe manner and if it would be necessary and prudent to do so, Your Recreational watercraft to an available Rack.
  • You may not allow others to use a Recreational Watercraft that You have removed from a Rack. You understand that when You remove a Recreational Watercraft from a Rack, the Recreational Watercraft may be used only by You. You may not transfer Your system key or any other unique Member information to any other person.

YOU UNDERSTAND AND ASSUME THE RISKS OF YOUR VIOLATION OF ANY PROHIBITED ACT SET OUT IN THIS SECTION. SUCH RISKS ARE SIGNIFICANT AND INCLUDE THE RISKS OF INJURY OR DEATH TO YOU AND OTHERS, DAMAGE TO OR DESTRUCTION OF YOUR AND OTHERS’ PROPERTY, AND THE POTENTIAL THAT YOU WILL BE CITED OR ARRESTED FOR VIOLATION OF APPLICABLE LAWS.

SECTION 2 RECREATIONAL WATERCRAFT SAFETY INSPECTION.

Before each use of a Recreational Watercraft, You must conduct a safety inspection of the Recreational Watercraft which you acknowledge you are competent to do, and which includes inspecting for all of the following: 

  1. hull integrity, including holes, or potential areas that could leak; 
  2. seat and seat back; 
  3. paddle, 
  4. PFD for wear and tear including missing or broken buckles or straps and, no sign of damage, unusual or excessive wear, or other problem or maintenance need. 

You may not use the Recreational Watercraft if You notice any problem with the proper functioning of the Watercraft or a safety issue; and, in such case, You must promptly notify Fin of all problems and issues, and You must use a different Recreational Watercraft. You must not attempt to repair any Recreational Watercraft.

SECTION 3 REMOVING RECREATIONAL WATERCRAFT.

To remove a Recreational Watercraft for use on the water You must use the App to obtain the code for the mechanical lock which secures the kayak and PFD to the Rack via a cable. Enter the code on the dials found on the mechanical lock allowing for the cable to be removed from the two arm holes of the PFD and the handle of the kayak.

SECTION 4 RETURNING RECREATIONAL WATERCRAFT.

To return a Recreational Watercraft (kayak), secure the kayak into the Rack in which you rented it from, ensuring the locking cable is placed through both arm holes of the PFD, is secured to the lock, and the digits on the lock are scrambled. The paddle should be placed neatly back into its holder on the side of the kayak. You must then take a picture to verify the security and condition of the kayak, and include visual evidence of the lock closed, cable attached to the kayak and Rack, cable is placed through both arm holes of the PFD, and kayak has no damage. Any Recreational Watercraft or PFD that is not properly secured remains Your sole responsibility, and the usage fees set forth in Section II.2 will be charged until the Recreational Watercraft is properly secured. If You fail to properly secure a Recreational Watercraft to end your rental, Fin may charge You a recovery and re-Racking fee of $30.

SECTION 5 PERSONAL FLOATATION DEVICE (PFD), COMMUNICATION; SAFETY.

It is strongly recommended that You use a U.S. Coast Guard approved personal flotation device (“PFD”) (type I, II, III) that has been properly sized, fitted, and fastened, according to the manufacturer’s instructions, and which is provided in your Recreation Equipment rental. Safe operation of Recreational Watercraft includes the use of a U.S. Coast Guard approved personal flotation device (“PFD”) (type I, II, III) that has been properly sized, fitted, and fastened, according to the manufacturer’s instructions. Wearing a PFD as described above while paddling may protect against or may lessen the severity of an injury or the chance of death caused drowning; however, U.S. Coast Guard approved PFD (type I, II, III) are not 100% effective, do not protect against all drowning situations, and do not protect against other injuries or conditions such as hypothermia. Fin and the other Released Parties do not represent or warrant the quality or safety characteristics of any U.S. Coast Guard approved PFD (type I, II, III), and You agree that Fin and the other Released Parties are not liable for any injury suffered by You while using any of the Services, whether or not You are wearing a U.S. Coast Guard approved PFD (type I, II, III) or other protective gear at the time of injury. YOU ASSUME ALL RISKS OF NOT WEARING A U.S. COAST GUARD APPROVED PERSONAL (TYPE I, II, III) FLOATATION DEVICE OR OTHER PROTECTIVE CLOTHING AND GEAR. You agree that, when using any of the Services or Recreational Equipment, You might need to take additional safety measures and precautions that are not specifically addressed in this Rental Agreement.

To properly fit a PFD:

  1. Check PFD label for the appropriate weight or chest size.
  2. Put the PFD on. Inspect the PFD for wear and tear as detailed in Section 2.
  3. Buckle all straps and tighten or zip up all zippers. Make sure all straps can be buckled and zippers zipped.
  4. Lift your arms over your head and gently lift the PFD by the top of the arm openings. If the jacket rises above your ears, it is too big or needs to be further tightened. If the straps or zippers of the PFD don’t close, then the PFD is too small.

It is highly recommended that you carry a cell phone in a water-protected case during your Trip. You understand and agree that FIN IS UNDER NO OBLIGATION TO HELP OR RESCUE YOU if needed. You agree that Fin is not liable or responsible for loss or damage of Your device. Further, Fin does not represent or warrant that cell coverage will be available or consistent during the course of your Trip. 

SECTION 6 ADDITIONAL TERMS OF USE.

YOU REPRESENT, WARRANT, AND AGREE THAT YOU ARE A SAFE AND COMPETENT RECREATIONAL WATERCRAFT OPERATOR. YOU ARE KNOWLEDGEABLE ABOUT THE SAFE AND PROPER OPERATION OF A RECREATIONAL WATERCRAFT, HAVE PREVIOUS EXPERIENCE DOING SO, AND YOU ARE KNOWLEDGEABLE ABOUT THE LAWS, INCLUDING THOSE LOCAL LAWS PERTAINING TO RECREATIONAL WATERCRAFT OPERATED WITHIN A GEOFENCED RENTAL AREA.

Essential Eligibility Requirements: You agree that you are sufficiently fit and physically capable to safely use a Recreational Watercraft without any risk to Your health. This includes, but is not limited to, the ability to:

  • Be the minimum age of 18.
  • Wear a U.S. Coast Guard approved PFD (type I,II,III).
  • Maintain a safe body position while attempting normal Recreational Watercraft skills and activities and have the ability to recognize when such efforts would be unsafe given your personal situation. This means the ability to remain balanced while seated on top of the Recreational Watercraft while navigating and maneuvering the Recreational Watercraft. 
  • Lift and remove and load a kayak from a Rack independently or with reasonable assistance of a friend or family member.
  • Breathe independently (i.e., not require medical devices to sustain breathing).
  • Independently maintain sealed airway passages while under water.
  • Independently hold head upright without neck / head support.
  • Manage personal care independently or with reasonable assistance of a friend or family member.
  • Manage personal mobility independently.
  • Follow written, verbal, and non-verbal instructions and effectively communicate independently or with assistance of a companion.
  • Independently turn from face-down to face-up and remain floating face up while wearing a properly fitted PFD.
  • Independently board or disembark a Recreational Watercraft.
  • Independently get out and from under a capsized Recreational Watercraft.
  • Independently reenter or remount the Recreational Watercraft following deep water capsize OR maintain physical contact with and hang on to the Recreational Watercraft.
  • If taking prescription medications, have the ability to maintain proper dosage by medicating independently or with the reasonable assistance of a friend of family member.
  • Independently remain adequately fed, hydrated, and properly dressed so as to avoid environmental injuries such as hypothermia, heat-related illness, and sunburn.

You represent, warrant, and agree that the Released Parties are not responsible for providing or maintaining launch locations for Recreational Watercraft, and that the Released Parties do not guarantee that there will always be a safe place to launch and use a Recreational Watercraft. Further, launch areas may consist of hard surfaces and slippery conditions which could contribute to slipping, falling, and injury.

Bodies of water and Recreational Watercraft routes, even those that we may recommend, may become dangerous due to weather, boat traffic, or other hazards. 

You are expected to yield to all other boats.

  • Do not assume they can see you.
  • Large boats are not maneuverable. It may be impossible for them to avoid you making it imperative that you get out of their way.

SECTION 7 LIMITATIONS ON AVAILABILITY OF WATERCRAFT.

Fin makes every effort to provide the Services and Recreational Equipment for all days (open to close, based on posted hours) of year that are deemed safe for paddle-sports. Fin, however, does not guarantee that the Services and Recreational Equipment will be available at all times, as force majeure events or other circumstances might prevent Fin from providing the Services and Recreational Equipment from time to time.

Fin reserves the right to suspend service based on water and air temperatures and other weather conditions such as forecasted high winds, foul weather, small craft advisories, etc. Season open and close is not predetermined and will vary based on conditions such as average air and water temperatures.

IV. DIRECTIONS AND ADDITIONAL TERMS OF USE – BICYCLES.

SECTION 1 PROHIBITED ACTS

  • You may not ride a Bicycle if You are under 16 years of age. A minor who is 16 years of age or older may only use the Services and Recreational Equipment if the minor’s Membership is subscribed for by, and the minor is under the responsibility of, the minor’s parent or legal guardian. By authorizing use of the Services and Recreational Equipment by a minor, the parent or legal guardian (i) agrees that he or she is fully and completely responsible and liable for all injuries, damages, costs, and expenses arising from or related to the minor’s use of the Services, and (ii) represents, warrants, and agrees that he or she is the minor’s parent or legal guardian and that he or she and the minor have all accepted and agreed to all terms and conditions of this Rental Agreement.
  • You must not conduct yourself in any manner or otherwise impede the safe operation of the Bicycle while using the Bicycle, unless in an emergency situation. Such prohibited conduct may include operating a Bicycle while under the influence of any alcohol, drugs, medication, or other substance; use any cellular telephone, tablet, laptop, text messaging device, portable music player, or other device; carrying any backpack, bag, or other item on the Bicycle or on your person.
  • Each Bicycle is intended for use by one person only; You may not carry, tow, or otherwise transport a second person (including a child or pet) using a Bicycle or in the basket.
  • You may not Rack or lock any Bicycle other than a Fin Bicycle in any Rack.
  • You may not bring a Bicycle in a car, ferry or train, or ride or transport a Bicycle outside of the Geofenced areas found within the Fin Platform.
  • You may not use any locking mechanism other than the locking mechanism provided by Fin at the Rack to lock a Bicycle to a Rack.
  • You may not violate any applicable federal, state, or local law, or any command or instruction from law enforcement personnel, including those for Bicycle riders.
  • You may not modify, dismantle, write on, or otherwise alter or deface a Bicycle or any part of a Bicycle in any way. You may not write on, peel, or otherwise modify or deface any sticker on a Bicycle in any way. You may not use a Bicycle for any advertising or similar commercial purpose.
  • You may not attach anything to a Bicycle, including but not limited to baskets, cup-holders, electric drives, child seats, trailers, or tandem Bicycles.
  • You may not exceed the maximum weight limit for the Bicycle (260 pounds) or the cargo carrier (17 pounds), and You may not otherwise use the cargo carrier improperly with regard to type of contents or any visual obstruction or riding impediment.
  • You may not operate a Bicycle in poor or dangerous weather or road conditions, including snow, hail, ice, sleet, freezing rain, or electrical storms, which could make it more dangerous to operate a Bicycle. You must limit or adjust Your riding behavior and braking distance to suit the weather conditions, and You must promptly act in a safe manner and return, if it would be necessary and prudent to do so, Your Bicycle to an available Bike Rack.
  • You may not allow others to use a Bicycle that You have removed from a Rack. You understand that when You remove a Bicycle from a Rack, the Bicycle may be used only by You. You may not transfer Your system key or any other unique Member information to any other person.

YOU UNDERSTAND AND ASSUME THE RISKS OF YOUR VIOLATION OF ANY PROHIBITED ACT SET OUT IN THIS SECTION. SUCH RISKS ARE SIGNIFICANT AND INCLUDE THE RISKS OF INJURY OR DEATH TO YOU AND OTHERS, DAMAGE TO OR DESTRUCTION OF YOUR AND OTHERS’ PROPERTY, AND THE POTENTIAL THAT YOU WILL BE CITED OR ARRESTED FOR VIOLATION OF APPLICABLE LAWS.

SECTION 2 BICYCLE SAFETY INSPECTION

Before each use of a Bicycle, You must conduct a safety inspection of the Bicycle, which you acknowledge you are competent to do, and which includes inspecting for all of the following: 

  1. proper tire pressure; 
  2. trueness of the wheels; 
  3. safe operation of all brakes (front and back) and lights; 
  4. proper and secure attachment of the seat, pedals, and basket; 
  5. alignment of the fender and the metal rods that hold the fender in place (i.e. fender should not rub on or make contact with tire or wheel); 
  6. good condition of the frame (i.e. no visible damage); and 
  7. no sign of damage, unusual or excessive wear, or other mechanical problem or maintenance need. 

You may not ride the Bicycle if You notice any mechanical or other problem or safety issue; and, in such case, You must promptly notify Fin of all observed problems and issues, and You must use a different Bicycle. You agree to report an issue within the Fin Mobile App within a reasonable time after Racking any Bicycle that You notice has any mechanical or other problem or safety issue. You must not attempt to repair any Bicycle.

SECTION 3 REMOVING BICYCLE BY MEMBER

To remove a Bicycle for use, You must use the App to scan the QR code located on the Bicycle which will allow the smart ring lock to automatically release the rear tire of the Bicycle and will release cable securing the bicycle to the rack. Remove the cable from the lock. The Bicycle will now be ready for adjustment and your ride. 

SECTION 4 RETURNING BICYCLE

To return a Bicycle, secure it into an available Rack, end your ride in the App, lock the smart ring lock to secure the rear tire, and insert the cable which secures the Bicycle to the Rack. You must then take a picture of the Racked Bicycle to verify the security and condition of the Bicycle and include visual evidence of the lock closed, cable attached to the Bicycle and Rack, and of no damage to the Bicycle. Any Bicycle that is not properly secured remains Your sole responsibility, and the usage fees set forth in Section II.2 will be charged until the Bicycle is properly secured. If You fail to properly secure a Bicycle to end your Trip, Fin may charge You a recovery and re-Racking fee of $30.

SECTION 5 HELMETS; SAFETY.

Fin strongly recommends that all users wear a Snell, CPSC, ANSI, or ASTM approved helmet that has been properly sized, fitted, and fastened, according to the manufacturer’s instructions. Wearing a Snell, CPSC, ANSI, or ASTM approved helmet, properly sized, fitted, and fastened, while cycling may protect against an injury or may lessen the severity of an injury caused by an impact to the head; however, Bicycle helmets are not 100% effective, do not protect against all head injuries, and do not protect against other injuries. 

Fin does not provide helmets, and it is Your sole responsibility to utilize a Bicycle helmet or other protective gear. Released Parties do not represent or warrant the quality or safety characteristics of any helmet, and You agree that the Released Parties are not liable for any injury suffered by You while using any of the Services or Recreational Equipment, whether or not You are wearing a helmet or other protective gear at the time of injury. YOU ASSUME ALL RISK OF NOT WEARING A HELMET OR OTHER SAFETY OR PROTECTIVE GEAR, EQUIPMENT, OR CLOTHING. You agree that, when using any of the Services or Recreational Equipment, You might need to take additional safety measures and precautions that are not specifically addressed in this Rental Agreement.

SECTION 6 ADDITIONAL TERMS OF USE

You represent, warrant, and agree that You are a safe and competent Bicycle operator, You are sufficiently fit and physically capable to safely ride a Bicycle without any risk to Your health You are knowledgeable about the operation of a Bicycle, and You are knowledgeable about the laws pertaining to Bicycles operated within the Geofenced area. Like any physical activity, riding a Bicycle may cause minor or major injuries or discomfort and may worsen or complicate underlying medical conditions or diseases. By choosing to ride a Bicycle, You assume all responsibilities and risks for all such injuries or other medical conditions.

You represent, warrant, and agree that Fin and the Released Parties are not responsible for providing or maintaining areas or any other place where You may ride Bicycles, and that Fin and the other Released Parties do not guarantee that there will always be a safe place to ride a Bicycle. Roads, bicycle lanes, and bicycle routes may become dangerous due to weather, traffic, or other hazards. You must not use a Bicycle for racing, riding off road, or any other use, besides safe operation on public or private roads or property and routes designated for bicycles or electric bicycles, as applicable.

It is highly recommended that you carry a cell phone in on your person during your Trip.  You understand and agree that FIN IS UNDER NO OBLIGATION TO HELP OR RESCUE YOU if needed. You agree that Fin is not liable or responsible for loss or damage of Your device. Further, Fin does not represent or warrant that cell coverage will be available or consistent during the course of your Trip. 

SECTION 7 LIMITATIONS ON AVAILABILITY OF BICYCLES.

Fin makes every effort to provide Bicycles year-round; however, Fin does not guarantee that the Services and Bicycles will be available at all times, as force majeure events or other circumstances might prevent Fin from providing the Services and Bicycles from time to time.

V. MISCELLANEOUS

SECTION 1 EQUIPMENT ACCESS & AREAS OF USE

Access to the Services and Recreational Equipment also 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 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 I.4.

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 Rental Agreement.

SECTION 3 INCIDENTS 

You must report to the police and to Fin Customer Services at as soon as reasonably possible after the occurrence of (i) any crash, damage, loss, or personal injury while using a piece of Recreational Equipment, (ii) any vandalism of any of the Services or Recreational Equipment, (iii) and any stolen or lost Recreational Equipment.

SECTION 4 TERM AND TERMINATION.

The term of this Rental Agreement begins when You first use the Services and Recreational Equipment, and the term ends 10 years after Your last use of the Services and Recreational Equipment; provided, however, that Your personal financial responsibility under Section I.4 of this Rental 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 Rental Agreement, You agree that (i) no refund will be provided by Fin, (ii) the term of this Rental Agreement continues in accordance with this Section, and (iii) You may still be charged any applicable additional fees arising under this Rental Agreement. This Rental 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.

All annual Memberships may be auto-renewed upon the expiration of the Membership period. Members who have been enrolled into auto-renew of their Membership subscription may terminate auto-renewal of their Membership by visiting their Account on the Platform. The Membership and the personal identification number and system key related thereto are non-transferable and may be terminated if Member breaches this Rental Agreement, as decided by Fin in its sole discretion.

SECTION 5 DEFINITIONS.

  • “Bicycle” and “Bicycles” means those owned and rented by Fin.
  • “Fin” means and includes Fin Outdoor Recreation, Benson Outfitters, LLC, and Bay Venture Outfitters.
  • “Geofenced” area means the area outlined and described on the Fin Website or App that defines the area within which You must remain while using the Recreational Equipment.
  • “Platform” means collectively, the Fin Mobile Application and Fin Website, www.findf.in.com. 
  • “Racks” are Fin structures into which Bicycles and Recreational Watercraft are stored and locked. 
  • “Racking” is the act of storing and locking Bicycles and Recreational Watercraft by the User into a Fin Rack.
  • “Recreational Equipment” means and includes Bicycle and Recreational Watercraft, i.e. kayaks, and other equipment provided as part of a Fin rental. 
  • “Recreational Watercraft” 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, Benson Outfitters, LLC, and Bay Venture Outfitters, (2) any past or present officers, directors, and employees of the entities just described in their individual and official capacities, (3) and 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.
  • “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 the storage and securement of Recreational Equipment (“Racks”), (4) Fin Recreational Equipment (5) Fin mobile application (“App”) and Fin website, findf.in (“Website”) (the Mobile App and the Website, collectively, the “Platform”), and (6) 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.

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

Benson Outfitters LLC
15 N Main Street
North East, MD 21901
Customer Service: (877) 523-9555
getoutside@findf.in

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

This Rental 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 the Maryland. Further any claim must be filed in the District Court of Maryland for Cecil County or the Circuit Court of Cecil County.

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: (1) 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; (2) grant to Fin and its affiliates, successors, and assigns (a) the right to photograph, videotape, and otherwise record Your appearance and voice, at any time and from time to time, (b) 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 (c) 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 (3) 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.

OR

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 Rental 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 System is suitable for the minor Bicycle User and am aware that MINORS ARE NOT PERMITTED TO USE RECREATIONAL WATERCRAFT. 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 by members. I further agree to defend and indemnify any Released Parties from any and all claims by the minor User arising out 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.