Terms of Service
Last revised: July 12, 2021
PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION THAT AFFECTS YOUR RIGHTS, REMEDIES, AND OBLIGATIONS. THEY INCLUDE AN AGREEMENT TO ARBITRATE (UNLESS YOU OPT OUT). THESE TERMS ALSO INCLUDE A PROHIBITION OF CLASS AND REPRESENTATIVE ACTIONS AND NON-INDIVIDUALIZED RELIEF FOR ALL MATTERS IN EITHER COURT OR ARBITRATION, VARIOUS LIMITATIONS AND EXCLUSIONS, A CLAUSE THAT GOVERNS THE JURISDICTION, VENUE, AND GOVERNING LAW OF DISPUTES, EXCEPT WHERE PROHIBITED, AND OBLIGATIONS TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS.
Onda Rent LLC. and its subsidiaries (collectively, “Onda”, “we”, or “us”), provide an online surfboard sharing platform that connects surfboard owners with travelers and locals seeking to book those surfboards. Onda is accessible online including at onda.rent and as an application for mobile devices. Onda’s websites, blog, mobile applications, and associated services are collectively referred to as “the Services”. By accessing or using the Services, including by communicating with us or other Onda users, you agree to comply with, and be legally bound by, the provisions of these Terms of Service (these “Terms”), whether or not you become a registered user of the Services. These Terms govern your access to and use of the Services and constitute a binding legal agreement between you and Onda.
Modification. Onda reserves the right, at our sole discretion, to modify the Services or to modify the Agreement, including these Terms, at any time. If we modify these Terms, we will post the modification on the Services. We will also update the “Last Revised” date at the top of these Terms. If you continue to access or use the Services after we have posted a modification or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified terms. If the modified terms are not acceptable to you, your sole recourse is to stop using and accessing the Services and close your Onda Account within 30 days. If you choose to close your Onda Account, the previous effective version of these Terms will apply to you, unless you use the Services during the intervening 30 day period, in which case the new version of these Terms will apply to you.
Eligibility, registration, verification
The Services are intended solely for persons who are 18 and older to book surfboards. Any use of the Services by anyone that does not meet these age requirements is expressly prohibited.
Onda will only accept surfboards to be rented on this app. Surfboards are a sports equipment that are primarily used to paddle around while lying down to catch a wave and then proceed to stand up on the surfboard to ride the wave. Onda will NOT accept bodyboards, stand up paddle boards, skimboards, or any other derivatives to be rented through this app.
The surfboard is expected to be “seaworthy”. A seaworthy surfboard is in good condition ( has all the fin screws, has the leash rope tied to the leash box, no open dings, no unrepaired damage and is waxed up ) and is ready to be taken into the surf.
To access certain features of the Services, you must sign up for an account with us (an “Onda Account”). You can create an Onda Account by providing us your first and last name, email address, and creating a password or connecting through an account with a third-party site or service (including Apple and Google). When you book a surfboard as a traveler or surfer (“surfer”), you provide us with certain additional information about yourself. Similarly, when you list a surfboard as a surfboard owner or host (“host”), you provide us with certain additional information about yourself and your surfboard(s) (if applicable). You must provide accurate, current, and complete information during the registration, booking, and/or listing process. You must keep your Onda Account up to date at all times. Based on information you provide, Onda may impose additional requirements for you to book a surfboard (e.g., providing a deposit, adding a second form of payment, buying a certain level of protection plan, or other requirements).
Where permitted, Onda has the right, but not the obligation, to undertake screenings, checks, and engage in processes designed to (1) help verify the identities or check the backgrounds of users and (2) verify surfboard details. Onda does not endorse any surfboard, user, or a user’s background, or commit to undertake any specific screening process. Onda may in its sole discretion use third-party services to verify the information you provide to us and to obtain additional related information and corrections where applicable, and you hereby authorize Onda to request, receive, use, and store such information. Onda may permit or refuse your request to book or list a surfboard in its sole and absolute discretion. Onda may, but does not commit to, undertake efforts to ensure the safety of surfboards shared through the Services. We do not make any representations about, confirm, or endorse the safety or seaworthiness of any surfboards beyond our policies that require hosts to ensure their surfboards are in safe and seaworthy conditions, and otherwise satisfy our eligibility requirements.
The fees we charge for using the Services and other cost structures will be itemized at checkout for surfers. You can verify the amount for your surf trip at checkout before you submit your surf trip request. When you provide Onda a payment method, you authorize Onda, or third-party service providers acting on Onda’s behalf, to store your payment credential for future use in the event you owe Onda any money. You authorize Onda to use stored payment credentials for balances, including for Surf Trip costs, host fees, and surfer fees (e.g., late fees, security deposits, processing fees, claims costs, and related administrative fees).
Collection of fees
Onda and its service providers will employ all legal methods available to collect amounts due, including the engagement of collection agencies or legal counsel. Onda, or the collection agencies we retain, may also report information about your Onda Account to credit bureaus. As a result, late payments, missed payments, or other defaults on your Onda Account may be reflected in your credit report. In addition to the amount due, delinquent accounts or chargebacks will be charged with fees and/or charges that are incidental to the collection of delinquent accounts or chargebacks including, but not limited to, collection fees, convenience fees, and/or other third party charges. If you wish to dispute the information Onda reported to a credit bureau (i.e., Experian, Equifax, or TransUnion), please contact onda.rent/contact. If you wish to dispute the information a collection agency reported to a credit bureau regarding your Onda Account, you must contact the collection agency directly.
In certain jurisdictions, Onda may enable the collection and remittance of certain taxes from or on behalf of surfers or hosts, based on existing and future tax regulations, including marketplace facilitator or surfboard sharing regulations. The amount of taxes, if any, collected and remitted by Onda will be visible to, and separately stated, to both surfers and hosts on their respective surf trip related documents and invoices. Where Onda is facilitating the collection and remittance of taxes, hosts are not permitted to collect the same taxes on the Services in relation to their surfboard sharing in that jurisdiction.
You agree that you will always use your Onda Account and the Services in compliance with these Terms, applicable law, and any other policies and standards provided to you by Onda.
Account Activity. You are, and will be solely responsible for, all of the activity that occurs through your Onda Account. Keep your Onda Account information, including your password, secure. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Onda Account, whether or not you have authorized such activities or actions. You will immediately notify Onda of any actual or suspected unauthorized use of your Onda Account. We are not responsible for your failure to comply with this clause, or for any delay in shutting down or protecting your Onda Account unless you have reported unauthorized access to us.
Onda Content and User Content License. Subject to your compliance with the provisions of these Terms, Onda grants you a limited, revocable, non-exclusive, non-transferable license, to access and view any Onda and/or user content to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Onda or its licensors, except for the licenses and rights expressly granted in these Terms.
User Content. We may, in our sole discretion, permit you to post, upload, publish, submit or transmit content through the Services such as photographs of you and your surfboard(s), reviews, feedback, and descriptions of you, your surfboard, or trip. By making available any content on or through the Services, or through Onda promotional campaigns, you grant Onda a worldwide, irrevocable, perpetual (or for the term of the protection), non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such content on, through, by means of, or to promote or market the Services. Except as described above with respect to Onda photography provided to hosts, Onda does not claim any ownership rights in any such content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such content.
Copyright Protection. We respond to notices of alleged copyright infringement and terminate Onda Accounts of repeat infringers according to the process set out in the US Digital Millennium Copyright Act and similar laws. If you think a user is violating your copyright(s) and want to notify us, you can submit notices at onda.rent/contact.
In connection with your use of or access to the Services, you agree that you will not, nor advocate, encourage, request, or assist any third party to:
Violate any law, including:
Breach, violate, and/or circumvent any local, state, provincial/territorial, regional, or national law or other law or regulation, or any order of a court, including, without limitation, airport regulations and tax regulations, licensing or registration requirements, or third-party rights
Post false, inaccurate, misleading, defamatory, or libelous content
Infringe, reproduce, perform, display, distribute, reverse engineer, or prepare derivative works from content that belongs to or is licensed to Onda, or that comes from the Services and belongs to another Onda user or to a third party, including works covered by any copyrights, trademark, patent, or other intellectual property, privacy, publicity, moral, or contractual rights, except with prior express written permission of Onda
Dilute, tarnish, or otherwise harm the Onda brand in any way, including:
Through unauthorized use of the Services and/or user content
Registering and/or using "Onda" or derivative terms in domain names, trade names, trademarks, or otherwise
Registering and/or using domain names, trade names, trademarks, social media account names, or other means of identification that closely imitate or are confusingly similar to Onda domains, trademarks, taglines, promotional campaigns, or Onda and/or user content
Provide or submit any false or misleading information, including:
False name, date of birth, payment method or other personal information
In relation to a claim (for example about damage to a surfboard)
By registering for a Onda Account on behalf of an individual other than yourself
Impersonating any person or entity, or falsifying or otherwise misrepresenting yourself or your affiliation with any person or entity
Fail to honor your commitments, including:
Fail to pay fees, penalties, or other amounts owed to Onda or another user
Fail, as either a surfer or host, to timely deliver, make available, or return any surfboard and optional Extras, unless you have a valid reason
Use the Services to find a host or surfer, and then complete a transaction partially or wholly independent of the Services, in order to circumvent the obligation to pay any fees related to Onda’s provision of the Services or for any other reasons (aka, gray market transactions)
Transfer your Onda Account and/or user ID to another party without our consent
Harm or threaten to harm users of our community, including:
Harass, stalk, or defame any other Onda user or collect or store any personally identifiable information about any other user other than for purposes of transacting as a host or surfer in accordance with these Terms
Engage in physically or verbally abusive or threatening conduct
Use the Services to transmit, distribute, post, or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information, payment method details, or account numbers
Treat anyone differently based on the way they look, who they love, what they believe, how they self-identify, where they are from, or when they were born. Discrimination of any kind is not tolerated in the Onda community
Sue or assert legal claims against Onda or a Onda user in any manner prohibited or waived by these Terms
Use the Services for your own unrelated purposes, including to:
Contact another Onda user for any purpose other than in relation to a booking, surfboard, listing, or the use of the Services by such user
Commercialize any content found on the Services or software associated with the Services, including reviews
Harvest or otherwise collect information about users without their and our consent
Recruit or otherwise solicit any user to join third-party services or websites that are competitive to Onda, without our prior written approval
Interfere with the operation of the Services, including by:
Interfering with any other user’s listings
Entering into an Onda transaction with a member of your family, household, friend, colleague, or acquaintance
Using the Services in connection with the distribution or posting of unsolicited commercial messages (e.g., spam)
Distributing viruses or any other technologies such as cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing or e-mail address information, or similar methods or technology that may disrupt or interfere with the operation or provision of the Services, or harm Onda or the interests or property of others
Bypassing robot exclusion headers, interfering with the working of the Services, or imposing an unreasonable or disproportionately large load on our infrastructure
Systematically retrieving data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, directory, or the like, whether by manual methods, or through the use of bots, crawlers, spiders, or otherwise
Using, displaying, mirroring, or framing the Services or any individual element within the Services, Onda’s name, any Onda trademark, logo, or other proprietary information, or the layout and design of any page or form contained on a page in the Services, without Onda’s express written consent
Accessing, tampering with, or using non-public areas of the Services, our computer systems, or the technical delivery systems of our service providers
Attempting to probe, scan, or test the vulnerability of any of our system or network or breach any security or authentication measures
Avoiding, bypassing, removing, deactivating, impairing, descrambling, or otherwise circumventing any technological measure implemented by Onda or any of our service providers or any other third party (including another user) to protect the Services
Forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way using the Services to send altered, deceptive, or false source-identifying information
Attempting to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Services
Endeavoring to circumvent a suspension, termination, or closure of your Onda Account or the account of another Onda user, including, but not limited to, creating a new Onda Account or listing surfboards affiliated with or registered to a Onda Account holder that has been suspended, terminated, or closed
Other legal matters
Violations. Onda has the right, but not the obligation, to investigate, pursue, and seek to prosecute, litigate, or refer to law enforcement, violations of the Agreement to the fullest extent permissible by the law.
Onda reserves the right, at any time and without prior notice, in accordance with applicable law, to remove or disable access to any content that Onda, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms, or otherwise harmful to the Services or our community. If we believe you are abusing Onda, our users, or any other person in any way or violating the letter or spirit of any of these Terms, we may, in our sole discretion and without limiting other remedies, limit, suspend, or terminate your Onda Account and access to the Services, remove hosted content, deny a damage claim, remove or demote your listings, reduce or eliminate any discounts, and take technical and/or legal steps to prevent you from using the Services. Additionally, we reserve the right to refuse or terminate access to the Services to anyone for any reason at our discretion to the full extent permitted under applicable law.
Policy enforcement. When an issue arises, we may consider the user’s performance history and the specific circumstances in applying our policies outlined on our website and our terms of service. We may choose to be more lenient with policy enforcement in an effort to do the right thing, subject to our sole and absolute discretion.
Communications with you. In order to contact you more efficiently, you agree that we may at times contact you using autodialed or prerecorded message calls or text messages at your phone number(s). We may place such calls or texts primarily to confirm your signup, provide notices regarding your Onda Account or Onda Account activity, investigate or prevent fraud, collect a debt owed to us, or communicate urgent messages. We may share your phone number(s) with service providers with whom we contract to assist us in pursuing these interests. We will not share your phone number(s) with third parties for their own purposes without your consent. Standard telephone minute and text and data charges may apply. Where Onda is required to obtain your consent for such communications, you may choose to revoke your consent.
You authorize Onda and its service providers, without further notice or warning and in our discretion, to monitor or record telephone conversations you or anyone acting on your behalf has with Onda or its agents for quality control and training purposes. You acknowledge and understand that your communications with Onda may be overheard, monitored, or recorded without further notice or warning. If you do not wish to have your call recorded, please contact us instead in writing through onda.rent/contact.
Non-disparagement. The Parties agree that they will not take any action that will harm the reputation of the other Party, or which would reasonably be expected to lead to unwanted or unfavorable publicity to either of the other Party.
Insurance and protection plans. Host and surfer protection plans made available through the Services are in no way related. To be eligible for coverage under a protection plan, hosts and surfers must comply with these Terms. Protection plans are available through the Services only in the United States. Protection plan details and other specifics can be found here. Please refer to the specific terms for surfers and specific terms for hosts sections below for additional information based on the nature of your use of the Services.
Specific terms for surfers
The following sections also apply if you book a surfboard using the Services:
As a surfer, you commit that you will be a responsible surfer surfing within your means. You will treat the surfboard and any applicable Extras well and will take all reasonable measures to return the surfboard and any applicable Extras on time and in essentially the same condition as received. You will not allow anyone other than yourself utilize the surfboard you booked.
Surfer financial responsibility for physical damage to the surfboard
The surfer that booked the surf trip (“primary surfer”) is financially responsible for all physical damage or theft of a booked surfboard that occurs during a trip, plus any additional costs and fees resulting from damage of any kind to the surfboard, regardless of who is found to be at fault.
When you book a surfboard on Onda, you agree that if any damage occurs to the booked surfboard during the booked trip, you will work with Onda to make a claim for coverage under any policy of insurance that applies to the loss.
The primary surfer can limit the amount they are obligated to pay out of their own pocket in the event there is damage to the booked surfboard during the booked surf trip by choosing a protection plan (Onda Insurance) on the Services. Protection plan details and other specifics can be found here. The limitation on the amount a primary surfers may have to pay out of pocket included in any protection plan only applies (1) if the primary surfer abides by these Terms and (2) to physical damage that is not preexisting.
Use of the surfboard
When you book a surfboard on the Services, you must use the surfboard only for your personal use and not for any commercial purposes (e.g. contests, commercial photography, etc.) unless you have express written permission from Onda’s Legal Department in advance. You may not access a surfboard until the trip start time and you must return the surfboard on time and to the correct location. You must exercise reasonable care in your use of the surfboard.
You are required at all times to operate the surfboard safely, and follow the rules of surfing etiquette to the best of your ability. In the event Onda has any concern about your use of a surfboard, Onda may terminate your surf trip in its discretion at any time and require the return of the surfboard, including recovering the surfboard on behalf of the host.
You must not engage in any prohibited uses with any surfboard you book through the Services. The prohibited uses list is not meant to be exhaustive. If you have any concerns about your planned use, please contact onda.rent/contact. If you misuse a surfboard, you will be fully financially responsible for any related claims, loss, or damage, and your protection plan may be voided. Surfers also acknowledge that using a surfboard in a prohibited manner or otherwise breaching the Agreement may lower available liability coverage to legal minimum limits, or nullify coverage, and may furthermore nullify any protection plan previously granted through Onda.
Condition of the surfboard and optional Extras
You understand that third parties own the surfboards and Extras offered through the Services. Each host is responsible for maintaining their surfboard(s) in safe and seaworthy condition. Please complete a visual inspection before you begin your use of the surfboard. If you find damage in your initial inspection, you should upload photos of such pre-existing damage at the start of your reservation to ensure you are not held responsible for pre-existing damage. If you find damage on your initial inspection and fail to report it, Onda, third-party administrators, or insurance partners, may assume that the damage occurred during your reservation period. If, after your initial inspection, you believe that the surfboard is not safe to surf, please do not use the surfboard; instead, please contact the Onda Team at onda.rent/contact.
No responsibility for shared surfboards
You acknowledge that Onda is not responsible and shall not be liable for the safety or seaworthiness of any surfboards shared via the Services beyond our policies that require hosts to ensure their surfboard(s) are in safe and seaworthy condition, and otherwise satisfy our eligibility requirements.
Where you elected for a protection plan when booking your trip via the Services, you must immediately report any damage to the surfboard you are using to Onda at onda.rent/contact. If there has been a collision, you must also make a report to Onda. You will need to use all reasonable efforts to secure evidence from any available witnesses and to provide Onda or third-party claims administrators with a written description of the incident and any other information requested, including identity and additional information of any parties involved in the incident. You are also required to cooperate in any loss investigation conducted by Onda, third party claims administrators, or insurers. After an incident, you may not continue to use the surfboard unless you have the explicit permission of Onda staff. Failure to timely report an incident or cooperate in an investigation may reduce or invalidate any protection plan received via the Services.
The following conduct may result in the reporting of the surfboard you have booked as stolen to law enforcement, possibly subjecting you and any other surfer to civil and/or criminal penalties, and the voiding of your protection plan:
If you fail to return the surfboard you booked at the time and place agreed upon with the host and/or designated in your reservation
If the surfboard is returned to any place other than the return location on the reservation or agreed upon with the host. Any damage to, or loss or theft of, a surfboard occurring prior to the host inspecting the surfboard upon return at the end of the reservation is the surfer’s responsibility
If you misrepresent facts to the host pertaining to booking, use, or operation of surfboard
If you fail or refuse to communicate in good faith with the host, police, Onda, or other authorities with a full report of any accident or vandalism involving the surfboard or otherwise fail to cooperate in the investigation of any accident or vandalism
The primary surfer who books the reservation is responsible for any private investigation costs Onda deems necessary to recover a surfboard that is not returned. In addition, a $500 case administration fee will be imposed on the primary surfer if Onda and/or the host has to report a surfboard as stolen to law enforcement due to it not being returned.
Repossession. Onda, a hired agent of Onda, or the host may repossess any surfboard booked through the Services without demand, at the surfer’s expense, if the surfboard is not returned by the end of the reservation, is apparently abandoned, or used in violation of these Terms.
Missing Surfboards. If a surfboard you have booked through the Services goes missing and/or is stolen during the reservation period, you must immediately notify the host, file a police report immediately after discovering the surfboard is missing or stolen, but in no event more than 24 hours after discovering it has gone missing, and cooperate fully with the host, law enforcement, Onda, and other authorities in all matters related to the investigation.
Specific terms for hosts
The following sections also apply if you share your surfboard through the Services:
As a host, you commit that you will provide a safe and seaworthy surfboard. You will provide such surfboard on time but only to the surfer who is listed on the Services as the rentee for the surf trip. You commit that your listings will be complete and accurate and you will honor all representations made in your listings. You will not offer any surfboard or optional Extra that you do not yourself own or have authority to share or that may not be shared for compensation pursuant to the terms and conditions of any agreement with a third party. You will not offer any Extra that is not safe, clean, and acceptable for the use it is intended. You will not offer a surfboard that is not seaworthy (see eligibility requirements).
Information given at registration
When you sign up for Onda, you will identify surfboard(s) that you want to list for sharing through the Services. Each surfboard must meet the requirements found here. You may only use the Services in connection with surfboards that you own or otherwise have all the necessary rights and permissions to share for compensation.
Listing only on the Services
Any surfboard you list on the Services must be exclusively listed on the Services. You cannot list any surfboards you intend to share on the Services on any other surfboard sharing marketplace. Failure to abide by this condition may result in fines, penalties, denial of physical damage claims, removal of the surfboard from the Services, account closure, or other action, in Onda’s sole discretion. This does not limit Commercial Hosts’ (as defined below) ability to maintain their own rental surfboard business when not on an Onda reservation.
Onda may offer hosts the option of having photographers take photographs of their surfboards and/or hosts with their surfboards (“Images”). You alone are responsible for using the Images in connection with your Onda listing and you agree that you will cease using the Images if they no longer accurately represent your surfboard. You agree that Onda is the sole and exclusive owner - or exclusive licensee, as allowed by applicable law - of all right, title, and interest in all copyrights, trademark rights, and any and all other intellectual property rights, including right of publicity, worldwide, in the Images regardless of whether you include them in your listing, and you shall take no action to challenge or object to the validity of such rights or Onda’s ownership or registration thereof. You acknowledge that Onda may use the Images for advertising, marketing, commercial, and other business purposes in any media or platform, whether in relation to your listing or otherwise, without further notice or compensation. Further, you waive any and all rights to royalties or moral rights you may have in the Images. If you use the Onda photography program, you agree that you will not use the Images in connection with sharing your surfboard on any platform, website, or application other than Onda. At Onda’s request, you will execute documents and take such further acts as Onda may reasonably request to assist Onda to acquire, perfect, and maintain its intellectual property rights and other legal protection in the Images.
Once a surf trip is booked, you must make the surfboard available or deliver the surfboard as expected by the surfer. If you offer the surfer the option to pick up your surfboard at a persistent specified location, you must supply the location of the surfboard accurately to Onda and ensure that the surfboard is available at that location at the beginning of the reservation period.
Pricing, earnings, and payments
You will have the ability to set and revise the surfboard’s pricing as you choose. Onda will pay you the amount collected from surfers that book your surfboard, less the applicable fees payable to Onda. A current fee schedule can be found here. To the extent you owe Onda money for any reason, Onda also reserves the right to deduct those amounts from your payment.
Payment Processing. In some countries, payment processing services are provided by Stripe and subject to the Stripe Connected Account Agreement, which includes the Stripe Services Agreement (collectively, the "Stripe Terms"). In countries where you receive payment proceeds via Stripe, you agree to be bound by the Stripe Terms, which may be modified from time to time. As a condition of Onda enabling payment processing services through Stripe, you authorize Onda to obtain all necessary access and perform all necessary activity on your Stripe Connected Account to facilitate sharing of your surfboard. You further agree to provide accurate and complete information about you, and authorize Onda to share it and transaction information with Stripe for the purposes of facilitating the payment processing services provided by Stripe. Onda reserves the right to switch payment processing vendors in its discretion.
We use Stripe to make payouts to hosts. The Stripe Recipient Agreement applies to your receipt of such Payouts. To receive payouts from Onda, you must provide Onda accurate and complete information about you and your business, and you authorize Onda to share it and transaction information related to your payout with Stripe.
You are required to regularly check your surfboard for any defects in its usability or safety. You promise that, at all times, your surfboard will be in safe and seaworthy condition. You agree to respond to any applicable safety notices and to complete any recommended action before allowing your surfboard to be booked. In addition, if Onda believes that your surfboard does not conform to reasonable standards, Onda may notify you and reserves the right to remove or decline listing your surfboard until its concerns have been resolved. Onda may, but does not commit to, undertake efforts to ensure the safety of surfboards booked through the Services. Learn more about our surfboard eligibility requirements here.
Reporting surfboard damage
If you did not decline a protection plan made available via the Services, and you believe that a surfer has caused any damage to your surfboard, you are required to report that damage as soon as you become aware of it (and in any event, no more than 24 hours after the scheduled end of the trip) and to provide reasonable cooperation in the investigation of the damage so that it can be eligible for coverage. Based on the investigation, Onda or third-party claims administrators will reasonably determine whether the damage occurred during the reservation period and is eligible for coverage. If it was, and you did not decline a protection plan made available via the Services, you will be reimbursed for the loss as described in the sections below. If Onda is not given prompt notice as described in this paragraph, or if you do not provide reasonable cooperation in the investigation by Onda or third-party claims administrators, we may not be able to determine the cause. In that case, you agree that we may decline any reimbursement or coverage for such damage.
All host protection plans offered on the Services include coverage under the Onda Guarantee insurance policy. Protection plan details and other specifics can be found here.
Physical damage to your surfboard
Physical damage reimbursement. The protection plans available to hosts in the US also address the allocation of financial consequences of physical damage to the surfboard offered by a host during a surf trip. Physical damage contractual reimbursement from Onda applies to your surfboard in the event of a collision and most comprehensive events during the trip, and is subject to terms and exclusions. Learn more about US host protection plans here.
Actual cash value. If Onda, or third-party claims administrators, choose to pay you the actual cash value for your surfboard, you will be required to transfer ownership of the surfboard to Onda or a third party appointed by Onda to accept ownership. The standard for determining the actual cash value will be as determined by Onda or its third-party claims administrators and in compliance with applicable law.
Exclusions to physical damage reimbursement and coverage. Protection plans selected by hosts on the Services do not apply to:
Optional extras or personal property, including aftermarket installations (e.g., equipment racks). Remove all optional extras and personal property before making your surfboard available for a reservation
Normal wear and tear to your surfboard
If you violate the Agreement, these Terms, or any of our policies found on-site, any protection plan you selected may be voided.
If you submit inaccurate information about your surfboard when listing it on the Services (for example, falsely represent the make, condition, or year of the surfboard), any protection plan you selected may also be voided. Additionally if you submit photographs that are not reasonably clear enough to validate the damage, Onda reserves the right to void any protection plan selected due to inability to validate when the damage occurred.
If you selected a protection plan via the Services and your surfboard goes missing, is not returned, and/or is stolen during the reservation period (or extension period), you, as the host, must immediately contact an Onda representative and follow her or his instructions, including cooperating with Onda, the police, and any other authorities in all related to the investigation of the theft. If you are instructed by Onda to file a police report, you must do so within 24 hours of receiving those instructions.
Indemnification of host
If you selected a protection plan via the Services, in the event of any claim for a loss or injury that occurs during the use of your surfboard by a surfer (or by Onda itself), subject to your compliance with these Terms and the Policies, Onda or its insurers will defend and indemnify you, subject to any exclusions or limitations in the policy or policies of insurance contained with the protection plan, against such claims as required by applicable law. In connection with any indemnified claim, you are required to give Onda or its insurers prompt written notice of the claim, allow Onda sole control over the defense of the claim, and provide Onda reasonable cooperation in its defense of the claim, at Onda’s expense. If Onda or its insurers reimburses you for a lost or damaged surfboard and you later receive payment for some or all of your surfboard from a third party (e.g. a third party insurance company or restitution), you must reimburse Onda any monies received from that third party in an amount equivalent to, but not to exceed, the funds provided to you by Onda.
Additional terms for Commercial Hosts
If you decline a protection plan made available via the Services (such as if you choose to offer your own commercial/rental policy to surfers) or where no protection plan is offered via the Services you are a "Commercial Host."
In exchange for keeping more of the trip price for yourself, when you decline a Onda protection package or where no protection package is offered, you waive, on behalf of yourself and any affiliated individuals (including, but not limited to, employees, employers, associates, contractors, or any other related personnel) or entities (whether they be corporations, partnerships, sole proprietorships, limited liability companies, or otherwise) (collectively, “Affiliates”) any protection plan normally offered via the Services, to you or any Affiliates, your surfboards, and any surfers or approved surfers of all of the surfboards you list on Onda.
When you choose to provide your own commercial rental insurance in the United States or where no protection or insurance is offered via the Services in your region, you, as the host, or an authorized representative acting on behalf of the host, shall be exclusively responsible for providing commercial rental insurance coverage for any reservation of your surfboards through Onda. You shall carry no less than the minimum applicable liability for your surfboard, and your surfer. When you select to decline a protection plan or where none is offered in your region, you represent and warrant that (1) you are a licensed commercial rental surfboard company or are authorized to act on behalf of and bind a commercial rental surfboard company in connection with listing surfboards on Onda, or (2) you are an individual or company, or are authorized to act on behalf of, and bind a company, that can offer commercial rental insurance to surfers.
You further acknowledge and agree that you shall receive no protection or coverage from Onda or any affiliates, whether that be financial responsibility for physical damage, third-party liability protection, uninsured or underinsured coverage, PIP or any similar coverage or indemnification, or trust and safety support as part of a booking of your surfboard when you have chosen to provide your own commercial rental insurance. You shall add Onda as an additional insured on all applicable surfboard and excess liability policies. These provisions replace and supersede any representation made by Onda, or those acting on behalf of Onda, including but not limited to statements made on the Services, these Terms, Help Center, Policies, emails, and/or marketing materials, concerning protection plans, insurance, and roadside assistance otherwise offered to host and surfers when the hosts do not decline protection via the Services.
Onda reserves the right to, but does not commit to, satisfy itself that you are, or are acting on behalf of, a licensed commercial rental surfboard company and have the ability to offer commercial rental insurance to surfers of your surfboards when you choose to decline protection. If Onda has any concerns in this regard, you agree that Onda can automatically, and in its sole discretion, default all of your surfboards to a protection plan of our choice, along with its associated fees (if offered in your region), remove your listings, or suspend your Onda Account.
If you lose the ability to offer commercial rental insurance to your surfers (for example, your policy has been canceled or non-renewed), you must immediately change the status of your surfboard. If the change is temporary, you can snooze your surfboard(s). If you need to permanently change the protection plan for your surfboard(s) back to a protection plan made available via the Services, contact us at onda.rent/contact. Never let a surfer pick up a surfboard or continue to use a surfboard without providing them insurance coverage.
You must disclose on your listing page any applicable additional fees, costs, and/or taxes you assess in addition to other requirements you may impose (such as a security deposit or if you do not accept debit cards, for example). You must never surprise surfers with hidden costs or requirements at pick-up. Onda reserves the right, in its sole discretion, to default your surfboards to a protection plan of our choice, remove your listings, or suspend your Onda Account for failure to be transparent with surfers about fees, costs, and requirements in your surfboard listing page.
You acknowledge that the actual damages likely to result from your breach of this section are difficult to estimate accurately and would be difficult for Onda to prove with certainty. You will pay Onda USD$2,500 per breach in liquidated damages to compensate Onda for any such conduct. This amount is not intended as a punishment for any such breach, but rather as a reasonable estimate where actual damages are difficult to estimate accurately and/or prove with certainty.
You shall defend, indemnify, and hold Onda, its subsidiaries, affiliates, employees, officers, directors, and agents, and any of your surfers, harmless from and against any and all claims, demands, suits, judgments, costs, expenses, liabilities, attorneys fees, damages, consequential damages, punitive damages, property damage, personal injury, theft or otherwise, without limitation, related to or arising out of any reservation or use of any surfboards, including without limitation, any surfboard damage, personal injury or property damage where you have declined a protection plan made available via the Services or one is not available in your region.
Dispute resolution for hosts and surfers residing in the United States
PLEASE READ THIS SECTION CAREFULLY. IT CONTAINS A MANDATORY ARBITRATION PROVISION AND THEREFORE AFFECTS YOUR RIGHTS AND GOVERNS HOW CLAIMS YOU AND ONDA HAVE AGAINST EACH OTHER ARE RESOLVED.
Subject to applicable law, the Parties agree that any disputes or claims between us relating in any way to, or arising out of, this or previous versions of these Terms, your use of or access to the Services, or any breach, enforcement, or termination of the Agreement will be resolved in accordance with the provisions set forth in this Dispute resolution for hosts and surfers residing in the United States section.
Pre-arbitration dispute resolution. Should a dispute or claim arise between us, you and Onda agree to notify the other Party of the nature of the dispute or claim prior to initiating arbitration, and the Parties will attempt to negotiate an informal resolution to it first. We will contact you at the email address you have provided to us; you can contact us by email at onda.rent/contact. Please provide your name, phone number, email, mailing address, and briefly describe both the nature of your dispute and the relief you would like from Onda. If the Parties are unable to resolve the claims described in the notice within 30 days after the notice is sent, then the Party intending to pursue arbitration agrees to notify the other Party via email prior to initiating the arbitration. In order to initiate arbitration, a claim must be filed with either FairClaims or the American Arbitration Association (“AAA”) as set forth below, pursuant to the FairClaims Rules or AAA’s Consumer Arbitration Rules, as appropriate. A form for initiating arbitration proceedings is available on the FairClaims website or AAA's website. (AAA provides a Demand for Arbitration form.) Any settlement offer made by you or Onda shall not be disclosed to the arbitrator.
Applicable law. The below Agreement to Arbitrate evidences a transaction involving interstate commerce and is therefore governed by the Federal Arbitration Act and the applicable procedural rules of FairClaims or AAA, as applicable (see "Arbitration procedures" below). To the extent state law is applicable to the Agreement to Arbitrate, the Parties agree that the substantive law of the state of California will apply, without regard to its conflict of law provisions.
Agreement to Arbitrate. The Parties each agree that any and all disputes, claims, or controversies that have arisen or may arise at any time between you and Onda (including its respective subsidiaries, employees, officers, directors, agents, third-party insurance brokers or products, and third-party claims administrators) will be resolved by binding arbitration according to the procedure set forth below. For the purpose of this Agreement to Arbitrate, “disputes," "claims,” and "controversies" shall have the broadest possible meaning that will be enforced and includes, any and all disputes and/or claims that arise out of or in any way relate to your relationship with Onda, including but not limited to: (1) your use of the Services, (2) the Agreement, these Terms and/or this Agreement to Arbitrate, including the interpretation, validity, enforceability, or scope of this Agreement to Arbitrate, or (3) your use of, or access to the Services, and anything sold, offered, or purchased through the Services (such as booking, listing, or sharing a surfboard). Through this Agreement to Arbitrate, and subject to the below exceptions, the Parties intend to arbitrate all disputes or claims regardless of whether they are based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory and regardless of whether they arose or accrued before the Parties entered into this Agreement to Arbitrate. For avoidance of doubt, the Parties expressly agree that this Agreement to Arbitrate encompasses all disputes or claims pertaining to the validity, enforceability, or scope of this Agreement to Arbitrate and any such disputes or claims will be referred to binding arbitration and will be resolved by the arbitrator and not a court.
Exceptions to Agreement to Arbitrate The only exceptions to this Agreement to Arbitrate are as follows:
Disputes or claims that can be brought in small claims court
Injunctive or equitable relief to prevent the actual or threatened infringement, misappropriation, or violation of a Party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. However, the Parties agree that any court proceedings shall be stayed pending the final resolution in arbitration of any arbitrable claims or issues
Any cause of action or claim for relief which cannot be arbitrated as a matter of applicable statute or public policy. However, the Parties agree that any such court proceedings shall be stayed pending the final resolution in arbitration of any arbitrable claims or issues
In the event California law is found to apply to this Agreement to Arbitrate, any remedy of public injunctive relief (i.e., injunctive relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the general public). However, the Parties agree that any such court proceedings shall be stayed pending the final resolution in arbitration of arbitrable claims, causes of action, or issues
Arbitration procedures. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, and court review of an arbitration award is very limited. An arbitrator can award the same damages and relief on an individual basis that a court can award to an individual.
Where the relief sought is $150,000 or less (not including attorneys' fees and expenses), the arbitration will be conducted by FairClaims in accordance with its Arbitration Rules & Procedures effective at the time a claim is made. Where the relief sought is $150,001 or more (not including attorneys' fees and expenses), the arbitration will be conducted by the AAA under its rules and procedures, including the AAA’s Consumer
Arbitration Rules (as applicable), as modified by this Agreement to Arbitrate.
Any FairClaims arbitration hearing shall be held via written submission, or where requested, via a live hearing by teleconference or videoconference. Any AAA arbitration hearing shall be held in the county in which you reside or at another mutually agreed location. With either FairClaims or AAA, the arbitrator shall have discretion to require a live hearing. In all cases in which a live hearing is requested or required, you and/or Onda may attend by video or phone.
The arbitrator will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different users but is bound by rulings in prior arbitrations involving the same Onda user to the extent required by applicable law. The arbitrator’s award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
Where permitted, the Parties agree that all communications, evidence, and rulings in the arbitration will remain confidential.
Costs of arbitration. If you initiate arbitration proceedings, you will be responsible for the initial filing fee, capped at $375. For FairClaims arbitration, Onda will cover any additional fees or costs. For AAA arbitration, payment of any additional filing, administration, and arbitrator fees will be governed by the AAA’s Consumer Arbitration Rules, unless otherwise stated.
Severability. With the exception of the provisions in the below section “Prohibition of class and representative actions and non-individualized relief,” if an arbitrator or court decides that any part of the Agreement to Arbitrate is invalid or unenforceable, the other parts of the Agreement to Arbitrate shall still apply. If an arbitrator or court decides that any of the provisions in the section “Prohibition of class and representative actions and non-individualized relief” is invalid or unenforceable, then the entirety of the Agreement to Arbitrate shall be null and void. The remainder of the Agreement, these Terms, and dispute resolution section will continue to apply.
Right to opt-out of arbitration; procedure. IF YOU ARE A NEW ONDA USER, YOU CAN CHOOSE TO OPT-OUT OF THE AGREEMENT TO ARBITRATE BY EMAILING US AN OPT-OUT NOTICE TO onda.rent/contact ("OPT-OUT NOTICE"). THE OPT-OUT NOTICE MUST BE RECEIVED WITHIN 30 DAYS AFTER THE DATE YOU ACCEPT THESE TERMS FOR THE FIRST TIME OR THE COMMENCEMENT OF YOUR FIRST TRIP ON ONDA AS A SURFER OR HOST, WHICHEVER DATE IS EARLIEST. In order to opt-out, you must email your full name, address (including street address, city, state, and zip/postal code), and email address(es) associated with your Onda Account to onda.rent/contact. This procedure is the only way you can opt out of the Agreement to Arbitrate. If you opt out of the Agreement to Arbitrate, all other provisions of the Agreement will continue to apply to you, including the below forum selection clause specifying Los Angeles, California.
Future amendments to the Agreement to Arbitrate. Notwithstanding any provision in these Terms to the contrary, the Parties agree that if Onda makes any amendment to the Agreement to Arbitrate in the future, that amendment shall not apply to any claim that you filed against Onda prior to the effective date of the amendment. The amendment shall apply to all other disputes or claims governed by the Agreement to Arbitrate that have arisen or may arise between the Parties. If you do not agree to the amended terms, you may close your account within 30 days of our posting or notification and you will not be bound by the amended terms; provided that the Parties will arbitrate any dispute in accordance with the provisions of the Agreement to Arbitrate as of the date you last accepted these Terms (or accepted any subsequent changes to these Terms). Once you have submitted a valid Opt-Out Notice to Onda, you do NOT need to submit another one when these Terms are subsequently updated. Your first Opt-Out Notice will serve as a valid as to future versions of these Terms.
Judicial forum for legal disputes not subject to arbitration. Unless the Parties agree otherwise, in the event that the Agreement to Arbitrate is found not to apply to you or to a particular claim or dispute, whether (1) as a result of your decision to opt out of the Agreement to Arbitrate, (2) as a result of a decision by the arbitrator or a court order, or (3) if one of the above exceptions to the Agreement to Arbitrate applies, you agree that any claim or dispute that has arisen or may arise between the Parties will be resolved exclusively by a state, federal, or small claims court located in Los Angeles, California. The Parties agree to submit to the personal jurisdiction of a state court located in Los Angeles County, Los Angeles, California or a United States District Court for the District of California located in Los Angeles, California. The Parties agree that the substantive law of the state of California will apply to any such claim or dispute without regard to conflict of law provisions.
Prohibition of class and representative actions and non-individualized relief. THE PARTIES AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, WHETHER IN COURT OR ARBITRATION. UNLESS THE PARTIES AGREE OTHERWISE, THE COURT OR ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE COURT OR ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS, SUBJECT TO THE ABOVE EXCEPTION ALLOWING PUBLIC INJUNCTIVE RELIEF TO BE SOUGHT IN COURT BUT ONLY IF THAT EXCEPTION IS FOUND TO APPLY.
Dispute resolution for hosts and surfers residing outside the United States
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS THE PARTIES HAVE AGAINST EACH OTHER ARE RESOLVED. Regardless of where you reside, if you bring an action against Onda in the United States, the section above entitled “Dispute resolution for hosts and surfers residing in the United States” will govern that dispute.
Resolution of disputes. If a dispute arises between the Parties, our goal is to provide you with a neutral and cost-effective means of resolving the dispute quickly. We encourage you to contact us directly to seek a resolution at onda.rent/contact. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.
Governing law and forum for disputes. The laws of the country in which the incident occurred will be followed when dealing with disputes outside the United States.
You may discontinue your use of the Services at any time and Onda may terminate your access to the Services and remove any listings for any reason or no reason to the extent permissible under applicable law. Termination of access to the Services will not release a Party from any obligations it incurred prior to the termination and Onda may retain and continue to use any information, including but not limited to photography, previously provided by you. Termination of the Agreement will not have any effect on the disclaimers, waiver or liability limitations, or legal disputes provisions under the Agreement and/or any fees due, and all of those terms will survive any termination of the Agreement.
No surfboard transfer or assignment
Except as otherwise provided herein, surfers and hosts agree that nothing in these Terms constitutes an actual or purported transfer or assignment of any right or interest in a surfboard or optional Extras shared through the Services.
ONDA PROVIDES SERVICES THAT ENABLE THE SHARING OF SURFBOARDS AND OPTIONAL EXTRAS BETWEEN HOSTS AND SURFERS. EXCEPT AS OTHERWISE PROVIDED IN THESE TERMS, ONDA DOES NOT ITSELF PROVIDE SURFBOARD SHARING AND/OR RENTAL SERVICES AND IS NOT RESPONSIBLE FOR ANY OF THE ACTS OR OMISSIONS OF ANY OF THE USERS OF ITS SERVICES, THE MANUFACTURER OF THE SURFBOARD OR ANY OPTIONAL EXTRAS, OR ANY THIRD PARTY PROVIDER OF SERVICES. THE SERVICES ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WITHOUT LIMITING THE FOREGOING, ONDA EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. Onda makes no warranty that the Services, including, but not limited to, the listing and/or any surfboard or optional Extra, will meet your requirements or be available on an uninterrupted, secure, or error-free basis. Onda makes no warranty regarding the quality of any listings, surfboards, hosts, surfers, Extras, the Services, or any content or the accuracy, timeliness, truthfulness, completeness, or reliability of any content obtained through the Services. No advice or information, whether oral or written, obtained from Onda or its service providers or through the Services or content, will create any warranty not expressly made herein.
Limitation of liability and waiver
YOU WAIVE AND DISCHARGE ANY AND ALL RIGHTS YOU HAVE TO SUE OR MAKE CLAIMS AGAINST ONDA AND ANY OF ITS SUBSIDIARIES, DIRECTORS, OFFICERS, AGENTS (INCLUDING THIRD-PARTY ADMINISTRATORS, INSURANCE PRODUCERS, AND INSURANCE PROVIDERS), OR EMPLOYEES (TOGETHER, THE “ONDA PARTIES”) AND ANY ONDA USER FOR ANY DAMAGES OR LOSSES, WHETHER DUE TO NEGLIGENCE OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THE FOLLOWING: (1) SURFBOARD AVAILABILITY (E.G., A SURFBOARD NOT BEING AVAILABLE OR RETURNED WHEN IT WAS SUPPOSED TO BE), (2) PROBLEMS WITH A SURFBOARD (E.G., ANY MALFUNCTION OF OR DEFICIENCY WITH A SURFBOARD), (3) THIRD PARTY ASSESSMENTS OF A SURFBOARD’S VALUE, OR (4) ANY ACTION OR INACTION OF A HOST OR SURFER.
YOU AGREE THAT NEITHER ONDA NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS, DATA, OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES), WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, ARISING OUT OF OR CONNECTION WITH THE FOLLOWING: (1) THE AGREEMENT, (2) THE SERVICES (INCLUDING LISTING OR BOOKING OF ANY SURFBOARD OR OPTIONAL EXTRA VIA THE SERVICES), OR (3) INABILITY TO USE THE SERVICES.
Except for our obligations to pay amounts to applicable hosts or surfers pursuant to these Terms, including an approved payment request or claim under a protection plan or applicable insurance policy, in no event will the Onda Parties' aggregate liability arising out of or in connection with the Agreement or your use of the Services, exceed the greater of (1) the amounts you have paid or owe for bookings via the Services as a surfer in the twelve month period prior to the event giving rise to the liability, or if you are a host, the amount earned by you in the 12 month period prior to the event giving rise to the liability, or (2) US$100.
YOU ALSO WAIVE AND DISCHARGE ANY AND ALL RIGHTS YOU HAVE TO SUE OR MAKE CLAIMS AGAINST ANY ONDA USER FOR ANY DAMAGES OR LOSSES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES UNLESS (1) YOU ARE A HOST WHO HAS DECLINED A PROTECTION PLAN VIA THE SERVICES AND ARE MAKING A CLAIM AGAINST A SURFER WHO BOOKED A SURFBOARD FOR WHICH YOU OPTED TO PROVIDE YOUR OWN COMMERCIAL/RENTAL INSURANCE OR COVERAGE TO THE SURFER, OR (2) YOU ARE A SURFER WHO BOOKED A SURFBOARD FROM A HOST WHO OPTED TO DECLINE A PROTECTION PLAN VIA THE SERVICES AND SUCH HOST OPTED TO PROVIDE INSURANCE OR PROTECTION DIRECTLY TO YOU AND YOU ARE MAKING A CLAIM AGAINST THAT COMPANY/HOST.
YOU WAIVE CALIFORNIA CIVIL CODE §1542, OR ANY SIMILAR LAW, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
THE ABOVE LIMITATIONS OF LIABILITY AND WAIVER PROVISIONS ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN ONDA AND YOU. THEY SHALL APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW, AND ANY ASPECTS OF THEM THAT ARE DEEMED VOID OR UNENFORCEABLE SHALL BE SEVERED WHILE LEAVING THE REMAINDER IN EFFECT.
You agree to release, defend, indemnify, and hold Onda and its subsidiaries, officers, directors, employees, and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with: (1) your access to or use of the Services, (2) your violation of these Terms, (3) your user content, (4) your interaction with any other user of the Services, or (5) your booking of a surfboard or creation of a listing for a surfboard. Such indemnification includes but is not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential, or otherwise) arising in connection with or as a result of a booking, sharing, or use of a surfboard or optional Extra. This indemnification provision is a fundamental element of the basis of the bargain between Onda and you. It shall apply to the extent permitted by applicable law, and any aspects of it that are deemed unenforceable shall be severed while leaving the remainder in effect.
You acknowledge that the actual damages likely to result from your breaches of the Agreement by any of the following are difficult to estimate accurately and would be difficult for Onda to prove with certainty: (1) engaging in gray market transactions, (2) using the Onda domains, trademarks, or taglines without Onda’s express consent, including without limitation registering website domains or social media handles, or bidding on online advertising key words, (3) suing or asserting legal claims against the Onda Parties or a Onda user in any manner prohibited or waived herein, (4) creating or using a Onda account that has the effect of circumventing Onda’s suspension, termination, or closure of another Onda account. You will pay Onda $2,500 per breach in Liquidated Damages to compensate Onda for any such conduct. This amount is not intended as a punishment for any such breach, but rather as a reasonable estimate where actual damages are difficult estimate accurately and/or prove with certainty. This liquidated damages provision is a fundamental element of the basis of the bargain between Onda and you. It shall apply to the extent permitted by applicable law, and any aspects of it that are deemed unenforceable shall be severed while leaving the remainder in effect.
Not a rental surfboard company
Onda is not a rental surfboard company. It does not own a fleet of surfboards, and is not in the business of renting surfboards to the public. Onda provides an online platform where surfboard owners and those in need of a surfboard can meet and share surfboards amongst themselves subject to these Terms.
Onda may, in its sole discretion, round up or down amounts that are payable from or to hosts or surfers to the nearest whole functional base unit in which the currency is denominated (e.g. to the nearest dollar, euro, pound, or other supported currency) unless explicitly prohibited under applicable law.
If you have any questions for us concerning the Agreement, or Onda generally, please contact us at onda.rent/contact.
If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at 1-800-952-5210.
Where Onda has provided you with a translation of the English language version of these Terms or any Policies, in case of any wording discrepancies between the English and any other versions of the Terms and any Policies, the English language wording takes precedence.
The parties agree that the substantive laws of the state of California apply to these Terms and the Agreement without regard to conflict of law provisions.
Severability and non-waiver
In the event any provision of these Terms is held to be void, voidable, or unenforceable, the remaining provisions shall remain in full force and effect. The failure of any Party to enforce any provision of these Terms shall not be construed to be a waiver of such provision, or any other provision, nor in any way to affect the validity of these Terms or any part of these Terms, or any right of any Party to enforce that provision or each and every other provision at any time. No waiver of any breach of these Terms shall constitute or be deemed a waiver of any other breach.
Onda does not appoint you or any other user as its employee, mandatory, legal agent, or form any kind of legal partnership or joint venture. You are not authorized to make any commitments on behalf of Onda and Onda will not make commitments on your behalf, except as contemplated by the Services or expressly stated in these Terms.
The Agreement, including these Terms, states the entire understanding between you and Onda concerning your access to and use of the Services and supersedes any earlier verbal or written communications between us. With the exception of appointing a custodian to manage your surfboards on your behalf, you may not delegate your legal obligations or transfer any of your rights, in whole or in part, to any third party without advance written consent of Onda. You will remain responsible for your obligations hereunder in any event. An Onda Director or Officer must agree to any modification or waiver of any term of the Agreement in writing. Headings are for reference purposes only and do not limit the scope or extent of such sections.