RIDER WAIVER

RIDER (MINOR) WAIVER OF LIABILITY AND RELEASE

Version 1.0 – Effective January 1, 2026

IMPORTANT – PLEASE READ CAREFULLY

THIS IS A LEGALLY BINDING AGREEMENT.

This Rider (Minor) Waiver of Liability and Release (“Agreement”) is executed by a parent or legal guardian (“Guardian”) on behalf of a minor participant (“Minor”) in connection with the Minor’s use of surfboards and related equipment provided by SurfUp, Inc. (“Operator”).

This Agreement is supplemental to and incorporates by reference SurfUp’s Rental Agreement, Waiver of Liability, and Terms of Service previously accepted by the Guardian.

By allowing the Minor to use SurfUp services, equipment, or facilities, you agree to the terms below both individually and on behalf of the Minor, to the fullest extent permitted by applicable law.

1.      GUARDIAN REPRESENTATIONS AND RESPONSIBILITIES

By accepting this Agreement, you represent, warrant, and agree that:

  • You are the parent or legal guardian of the Minor and have full legal authority to execute this Agreement on the Minor’s behalf.

  • The Minor is physically capable, competent, and able to safely use surfboard rental equipment.

  • You acknowledge that SurfUp does not provide supervision, instruction, or lifeguard services for the Minor.

  • You will supervise the Minor at all times while the equipment is in use.

  • You accept full responsibility for the Minor’s actions, conduct, and compliance with all rules, instructions, and applicable laws.

2.      ASSUMPTION OF RISK

You understand and acknowledge that surfing and the use of surf-related equipment involve inherent risks, dangers, and hazards that may result in serious bodily injury, permanent disability, death, or property damage.

These risks may be known or unknown, foreseeable or unforeseeable, and include, but are not limited to:

  • Loss of control of equipment; falls; collisions with people, boards, marine life, or objects

  • Submersion, drowning, or water-related injuries

  • Ocean, weather, and environmental conditions including waves, tides, currents, wind, and visibility

  • Equipment malfunction or failure

  • Limited or delayed access to emergency medical care

You knowingly and voluntarily assume all such risks on behalf of the Minor, regardless of cause.

3.      RELEASE, WAIVER, AND INDEMNIFICATION

To the fullest extent permitted by applicable law, you agree to release, waive, discharge, indemnify, and hold harmless SurfUp, Inc., its affiliates, technology providers, officers, directors, employees, contractors, agents, partners, successors, and assigns from any and all claims, demands, damages, losses, liabilities, or causes of action arising out of or related to the Minor’s use of SurfUp services, equipment, or facilities.

This release includes claims arising from negligence, except where such release is prohibited by law, and applies whether such claims are asserted by the Minor, the Guardian, or any third party.

4.      SAFETY REQUIREMENTS. 

You agree to ensure that the Minor:

  • Knows how to swim and maintain buoyancy in open water

  • Uses personal flotation devices or other safety equipment when required by law or conditions

  • Follows all posted rules and instructions

  • Complies with directions from lifeguards, staff, and authorities

  • Does not use equipment while under the influence of drugs or alcohol

  • Immediately reports damaged or malfunctioning equipment

5. DISPUTE RESOLUTION AND ARBITRATION

You acknowledge and agree that any dispute, claim, or controversy arising out of or related to the Minor’s use of SurfUp services shall be resolved through binding arbitration in accordance with SurfUp’s Terms of Service.

You understand that arbitration means waiving the right to a jury trial and participation in class actions, except where prohibited by law.

6. NO RELIANCE

You agree that neither you nor the Minor are relying on any oral or written statements, representations, or assurances not expressly set forth in this Agreement or SurfUp’s Terms of Service.

7. SEVERABILITY

If any provision of this Agreement is held to be invalid or unenforceable under applicable law, such provision shall be modified or severed to the minimum extent necessary, and the remaining provisions shall continue in full force and effect.

8. ELECTRONIC ACCEPTANCE

You agree that electronic acceptance of this Agreement has the same legal effect as a handwritten signature and that this Agreement may be executed electronically.

9. GUARDIAN ACCEPTANCE

By checking the acceptance box and proceeding, you certify that:

  • You have read and understand this Agreement in its entirety

  • You are knowingly and voluntarily accepting this Agreement

  • You accept this Agreement on behalf of yourself and the Minor

  • You understand that you are giving up certain legal rights

Guardian Acknowledgment:
I am the parent or legal guardian of the Minor and I knowingly and voluntarily accept this Rider (Minor) Waiver of Liability and Release on their behalf.