Please read these Terms carefully. They include an assumption of risk and a release and waiver of liability that affect your legal rights, including a waiver of certain claims against Surf's Up Watersports. Watersports involve a real risk of serious injury or death. By booking, renting, or participating, you agree to these Terms.
These Terms & Conditions ("Terms") are a binding agreement between you ("you," "renter," "participant," or "guest") and Surf's Up Watersports ("Surf's Up," "we," "us," or "our"). They govern your use of our website, your reservation and rental of our boats and equipment, and your participation in our lessons, guided expeditions, captained trips, and related services (together, the "Services"). By submitting a booking request, making a reservation, paying a deposit, signing our rental or waiver paperwork, or using the Services, you accept these Terms on behalf of yourself and everyone in your party.
1. The Services We Provide
Surf's Up Watersports offers wakeboat rentals (self-driven and with a captain), wakesurf, hydrofoil, and wakeboard lessons, guided expeditions, and delivery of boats to lakes in Georgia, including Lake Oconee, Lake Sinclair, Lake Lanier, Lake Hartwell, and other lakes on request. Our fleet and offerings may change without notice. Specific equipment, delivery locations, routes, and availability are confirmed at the time of booking.
2. Eligibility and Age Requirements
- You must be at least 18 years old to make a reservation, sign our paperwork, or rent a boat or equipment.
- The person operating a rented boat must be of legal age and hold any boater-education certification required by Georgia law (O.C.G.A. Title 52). You are responsible for confirming that every operator in your party is legally qualified to operate the vessel.
- Minors may participate in lessons, captained trips, and expeditions only with the consent and, where we require it, the on-site supervision of a parent or legal guardian, who must sign our waiver and assumption-of-risk paperwork on the minor's behalf.
- We may require valid government-issued photo identification before releasing a boat or beginning a Service, and we may refuse Service to anyone who cannot provide it.
3. Reservations, Quotes, and Payment
- A booking request submitted through our website is an inquiry, not a confirmed reservation. Your reservation is confirmed only when we accept it and, where required, you pay the deposit or balance.
- Prices, packages, and discounts are quoted at the time of booking and may change until your reservation is confirmed. Quotes are estimates and may be adjusted for additional time, fuel, delivery distance, add-ons, or changes you request.
- You authorize us to charge the payment method you provide for the amounts you agree to, including rental fees, deposits, fuel, damage, cleaning, late returns, and any other charges described in these Terms or your rental paperwork.
- Applicable taxes and fees may be added to your total.
4. Security Deposit, Damage, Fuel, and Cleaning
- We may require a refundable security deposit or a hold on your payment method before releasing a boat. The deposit secures against damage, loss, theft, excess fuel, late return, excessive cleaning, citations, and other charges.
- You are responsible for returning the boat and all equipment in the same condition as delivered, normal wear excepted, and at the fuel level specified in your rental paperwork.
- You are responsible for the full cost of repair or replacement of any boat, motor, propeller, board, foil, safety equipment, trailer, or other property that is damaged, lost, or stolen while in your care, regardless of fault, except to the extent covered by insurance we accept.
- We will provide an itemized explanation of any amount we deduct from a deposit or charge for damage.
5. Cancellations, Weather, and Refunds
- Cancellation and rescheduling terms, including any deadlines and non-refundable amounts, are provided at the time of booking and form part of these Terms.
- Weather and water conditions: Your safety comes first. We may delay, shorten, reschedule, relocate, or cancel any Service due to weather, water conditions, mechanical issues, low water, capacity, or other circumstances affecting safety. If we cancel for safety or operational reasons and cannot reschedule, we will offer a rescheduled date or a refund for the unused portion, at our discretion.
- No refund is owed for time lost due to your late arrival, early return, failure to follow these Terms, removal from a Service for cause, or "no-show."
6. Rental Period and Late Return
- The rental period, delivery time, and return time are stated in your reservation. You must have the boat and equipment available for pickup, or returned to the agreed location, at the agreed time.
- Late returns may incur additional hourly or daily charges and may affect other customers' reservations. Failing to return a boat or equipment may be treated as theft and reported to law enforcement.
7. Renter Responsibilities and Safe Operation
When you rent or operate our boat or equipment, you agree to:
- Operate the boat safely, lawfully, and competently, and follow all federal, Georgia, and local boating laws and U.S. Coast Guard and Georgia DNR requirements.
- Ensure that a properly fitted U.S. Coast Guard–approved life jacket is available for every person on board and worn as required by law and by our instructions, including by all children as required by Georgia law.
- Use the engine cut-off (kill) switch lanyard as instructed and keep within the boat's rated capacity for people and weight.
- Stay within the lake(s) and operating area agreed with us, observe no-wake zones, posted speed and distance rules, and keep a safe distance from people, docks, and other vessels.
- Not allow anyone to operate the boat who is not authorized by us, not of legal age, not properly certified, or impaired.
- Account for the safety and conduct of every member of your party and your guests, including children.
- Promptly report any accident, injury, damage, breakdown, or citation to us and to the authorities as required by law.
8. Prohibited Conduct
You and your party must not:
- Operate any boat or board while under the influence of alcohol, cannabis, or any drug or medication that impairs you. Georgia prohibits boating under the influence, and we strictly enforce a zero-tolerance policy for the operator.
- Exceed the rated passenger or weight capacity, or remove or disable safety equipment.
- Use the boat or equipment for any illegal purpose, for racing, towing other vessels, commercial use, or in any reckless or negligent manner.
- Operate in unsafe conditions, after dark without proper lighting and authorization, or outside the agreed area.
- Allow pets, smoking, or activities prohibited in your rental paperwork without our written permission.
We may stop, shorten, or refuse any Service, and remove any person, without refund, for violating these Terms or for conduct we consider unsafe.
9. Lessons, Captained Trips, and Expeditions
For lessons, captained trips, and guided expeditions, you agree to follow the instructions of our staff, instructors, and captains at all times. You acknowledge that wakesurfing, wakeboarding, hydrofoiling, tubing, swimming, and similar activities are physically demanding and carry inherent risks. You represent that each participant is in adequate physical health to participate and has disclosed any condition that could affect their safety. Our instructors and captains may end any activity early for safety reasons.
10. Assumption of Risk
You understand and freely accept that participating in watersports and being on or around a boat and the water is inherently dangerous and involves risks that cannot be eliminated, no matter how careful we are. These risks include, without limitation:
- Drowning, near-drowning, and other water-related injury;
- Falls, collisions, impacts with the water, the boat, the wake, a board or foil, docks, or other objects, vessels, or people;
- Cuts, bruises, sprains, fractures, concussion or other head injury, spinal injury, paralysis, hypothermia, sunburn, dehydration, heart or medical events, and death;
- Propeller, hydrofoil, rope, and equipment injuries;
- Weather, lightning, wind, waves, currents, water level, submerged or floating hazards, and wildlife;
- The acts, errors, or negligence of you, other participants, our staff, or other people on the water;
- Equipment failure or malfunction; and
- Delayed or unavailable medical care due to being on the water.
You knowingly and voluntarily assume all such risks, both known and unknown, and accept full responsibility for any injury, illness, death, or property loss arising from your participation, whether to yourself, your minor children, or your guests.
11. Release and Waiver of Liability
To the fullest extent permitted by Georgia law, and in exchange for being allowed to use the Services, you, on behalf of yourself, your minor children, your guests, and your respective heirs, family, and personal representatives, release, waive, and discharge Surf's Up Watersports and its owners, members, employees, instructors, captains, agents, contractors, and equipment providers (the "Released Parties") from any and all claims, demands, liabilities, damages, costs, and expenses (including attorneys' fees) of any kind, arising out of or related to your reservation, rental, lesson, expedition, delivery, or other participation in the Services, including any claim based on the ordinary negligence of the Released Parties, and including injury, death, or property damage.
You also agree not to sue the Released Parties for any claim released above.
This release does not apply to liability arising from gross negligence, willful or wanton misconduct, or any liability that cannot be waived or released under Georgia law. Nothing in these Terms limits any right that cannot legally be limited.
12. Indemnification
You agree to defend, indemnify, and hold harmless the Released Parties from any claim, loss, liability, damage, fine, citation, cost, or expense (including reasonable attorneys' fees) brought by you, your minor children, your guests, or any third party, arising out of or related to your use of the Services, your operation of a boat or equipment, your breach of these Terms, or any negligent or wrongful act by you or anyone in your party.
13. Insurance
You are responsible for understanding what insurance, if any, applies to your rental and activities. Any insurance we carry is for our benefit and does not cover you, your guests, or your personal property. We may require proof of insurance for certain rentals. You are responsible for any loss or damage not covered by insurance we accept.
14. Personal Property
You are responsible for your own personal property. We are not responsible for any loss of, or damage to, phones, keys, wallets, sunglasses, jewelry, clothing, gear, or other items brought to a Service, including items lost in the water.
15. Medical Treatment
In an emergency, you authorize us to arrange or administer first aid and to call for emergency medical services for you or a minor in your care. You are responsible for the cost of any medical care, transport, or rescue, and you assume the risk of any delay in obtaining care because of being on the water.
16. Photography and Media Release
We may take photos or video during Services for safety, training, and marketing. Unless you tell us in writing not to, you grant us permission to use images and video that include you or your party in our marketing and social media, without compensation. If you prefer not to be photographed, let us know before your Service.
17. Force Majeure
We are not liable for any failure or delay in providing the Services due to causes beyond our reasonable control, including weather, natural disasters, low or high water, government action, lake closures, power or equipment failure, illness, labor issues, or emergencies.
18. Limitation of Liability
To the fullest extent permitted by law, the Released Parties will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for lost enjoyment, arising out of or related to the Services. To the extent any liability is not validly released or waived, the total liability of the Released Parties for any claim will not exceed the amount you paid to us for the specific Service giving rise to the claim.
19. Website Use
The content on our website is provided for general information and may change without notice. You may not use the website unlawfully, attempt to interfere with its operation, or use it to transmit harmful code. Our logos, text, images, and design are owned by Surf's Up Watersports or our licensors and may not be used without permission.
20. Dispute Resolution, Governing Law, and Venue
These Terms are governed by the laws of the State of Georgia, without regard to its conflict-of-laws rules. Before filing any claim, you agree to first contact us and try in good faith to resolve the matter informally. Any dispute that cannot be resolved informally will be brought exclusively in the state or federal courts located in Clarke County, Georgia, and you consent to the jurisdiction and venue of those courts.
21. Severability and Entire Agreement
If any part of these Terms is found unenforceable, that part will be limited or removed to the minimum extent necessary, and the rest will remain in full force. These Terms, together with any reservation confirmation, rental agreement, and waiver you sign, are the entire agreement between you and us about the Services and replace any prior understanding. Our separately signed rental and waiver paperwork controls if there is a conflict with these Terms.
22. Changes to These Terms
We may update these Terms from time to time. When we do, we will revise the "Effective Date" above. The Terms in effect on the date of your booking apply to that booking. Your continued use of the Services after an update means you accept the updated Terms.
23. Acknowledgment
By submitting a booking request or otherwise using the Services, you confirm that you have read and understand these Terms, including the Assumption of Risk and Release and Waiver of Liability, that you are signing them freely, and that you are at least 18 years old (or the parent or legal guardian agreeing on behalf of a minor). This online acknowledgment does not replace the rental and waiver paperwork you may be asked to sign before your boat is released or your activity begins.
24. Contact Us
Questions about these Terms? Contact us at:
Surf's Up Watersports
1001 Winterville Road, Suite X
Athens, GA 30605
Phone: 706-340-9184
Email: info@surfsupwatersports.com
Website: www.surfsupwatersports.com