The Surfboard Warehouse - Custom Surfboards, Surfboard Fins, Board Bags and Accessories

Please review the release and indemnity agreement and terms and conditions below. You must agree by checking both boxes below to proceed with joining the Finatic^TM program.

If you are under 18 we ask that you please review our indemnity agreement and terms and conditions with your parents or legal guardian and get their permission to join our Finatic fin testing Program."

THE SURFBOARD WAREHOUSE’S WAIVER
RELEASE AND INDEMNITY AGREEMENT FOR FINATIC™
This document will affect your legal rights and abilities
*Please read carefully before signing*
I am aware that surfing involves many inherent RISKS, DANGERS and HAZARDS, including but not limited to, the use and operation of surfboards, impact of collision with surfboards of any thereof including the fins and other attachments; skin irritations or abrasions caused by the use of wetsuits, ear infections caused by the water; impact to the beachhead, or, as the case may be, the ocean floor; severe weather conditions; my ability to swim in dangerous ocean conditions, as the case may be; extreme water and air temperatures; the prevailing condition of the surf; undertow and tide; the possible existence of dangerous rocks, reefs, driftwood, logs, floating objects, sea mammals, marine life and other hazards and obstructions; impact of collision with swimmers or other surfers or their surfboards, whether or not caused by negligence of such swimmers or surfers; dangers involved in traveling to the surfing area and hazards involved in reaching the shoreline by foot; negligence on the part of The Surfboard Warehouse or its staff.  I freely accept and fully assume all such risks, dangers and hazards and the possibility of personal injury, death, property damage or loss resulting from such risks, dangers, and hazards.  In consideration of The Surfboard Warehouse agreement to provide me with trial of surfboard fins through the Finatic™Fin Testing Program,
I hereby agree as follows:
1.  TO ASSUME AND ACCEPT ALL RISKS, DANGERS AND HAZARDS in connection with the Finatic™Fin Testing Program, Trial Fins, surfing or any related activities;
2.  TO WAIVE ANY AND ALL CLAIMS that I may have against The Surfboard Warehouse, their director, employees and representatives (all of whom are collectively referred to as “The Surfboard Warehouse”) and the manufacturer of the Trial Fins; Future Fins or FCS as the case may be;
3.  TO RELEASE The Surfboard Warehouse and the manufacturer of the Trial Fins; Future Fins or FCS as the case may be, from any and all liability for any loss, damage, injury or expense that I, or my next of kin, may suffer or incur as a result of my use of the Finatic™Fin Testing Program, Trial Fins, surfing or any related activities due to any cause whatsoever, INCLUDING NEGLIGENCE ON THE PART OF THE SURFBOARD WAREHOUSE and/or NEGLIGENCE ON THE PART OF THE TRIAL FIN MANUFACTURER; FUTURE FINS OR FCS AS THE CASE MAY BE;
4.  TO HOLD HARMLESS AND INDEMNIFY THE SURFBOARD WAREHOUSE and the manufacturer of the Trial Fins; Future Fins or FCS as the case may be, from any and all liability for property damage, personal injury or death suffered by myself or by a third party as a result of my use of the Finatic™Fin Testing Program, Trial Fins, surfing or any other related activities;
5.  THAT THIS RELEASE AND INDEMNITY AGREEMENT shall be effective and binding on my heirs, next of kin, executors, administrators, and assigns, in the event of my death;
6.  TO OBEY any warnings, safety instructions, cautions and other notices provided to me by The Surfboard Warehouse or the manufacturer; Future Fins or FCS as the case may be or distributor of the Trial Fins;

I have read and understand this Release and Indemnity Agreement prior to signing it and am aware that by signing this document, I am affecting the legal rights and liabilities of myself, my heirs, next of kin, executors, administrators and assigns in relation to The Surfboard Warehouse. If under 18, I am the parent or legal guardian of the person wishing to join the Finatic™program, and by checking this box, agree to the Release and Indemnity Agreement above.

Terms and Conditions for Finatic ™ 
These terms and conditions preside over your use of the Finatic™fin testing program. By subscribing to the Finatic™fin testing program you accept and agree to be bound by these terms and conditions and you accept and agree to be bound by our waiver. If you do not agree to these terms and conditions and our waiver, you should not subscribe to the Finatic ™fin testing program. 
These terms and conditions represent an ongoing contract between you and The Surfboard Warehouse, Inc. and apply to your subscription/use of the Finatic ™fin testing program. These terms and conditions affect your rights and you should read them carefully. 
Changes to Terms and Conditions
The Surfboard Warehouse, Inc., reserves the right, with or without warning, to change these terms and conditions. The most current version of our terms and conditions will replace all previous versions. Your use/subscription and continued use/subscription of the Finatic™fin testing program means that you agree to be bound by such changes. It is your sole responsibility to occasionally review our terms and conditions for Finatic™in order to note any changes.
How Finatic™Works 
Finatic ™is an online subscription fin testing program allowing its subscribers to test virtually every set of fins that FCS and Future Fins offer. Finatic™subscribers will choose three fins that they would like to test and based on availability will receive one of those three choices VIA USPS within a few days. There are no confines to the number of fins that you can test, although each member can ONLY have one set of fins out at a time. All shipping is covered by the monthly membership fee and is discussed further in our “Finatic- Fin Shipment” Section.
We reserve the right to make changes from time to time and possibly without warning, to how we operate Finatic&trade.;
Finatic™Fin Shipment 
Finatic ™is an industry leading one of a kind program. We will do our best to get fins to Finatic™members in a timely fashion. Fins will ship from our Tampa warehouse using USPS mail. USPS service takes an average of two to three days within the United States BUT COULD TAKE MORE. Some shipments may take longer than this for which we cannot be accountable for, but we will do everything in our power to resolve any shipping issues as they arise. We will attempt to notify you via the email listed on your account when we have received fins that you are returning and we will attempt notify you via the same e-mail once we have shipped out your next set of fins. We will also attempt to get your next set of fins out within 24 to 48 hours, but based on demand and availability of particular fins this time frame could vary. There are no late fees or due dates and we encourage you to keep fins until you are comfortable with how they affect your surfing so that you can truly understand what different fins do for you, your surfing and your board. Provided you continue to be a paying member of the Finatic™fin testing program and keep your account in good standing (based on our discretion) you may keep the fins delivered to you as long as you like. We do not enforce any return dates (other than upon cancellation of the service). You will be required to return any fins outstanding BEFORE you may cancel your Finatic ™subscription. 
Loss or Destruction of Fins
Upon loss or destruction (based on our discretion) of fins you will be required to pay the difference between one month’s service and the retail cost of that set of fins. You hereby consent to our charging your payment method for any lost or destroyed fins. We all surf and we understand the normal wear and tear that fins may receive, we are NOT talking about this damage. We are talking about extraordinary damage that would deem (at our discretion) fins incapable of being surfed OR damage that would GREATLY affect the accuracy of the fins. We ask that you take care of our fins so that everyone within the Finatic™program will have fins that are in the best shape possible to test and so that you may avoid any extra charges. We will attempt to contact you to discuss any potential charges of this nature, but ultimately reserve the right to recover any of our loss or damages. You hear by agree to contact us the day that you believe that you have lost or you believe that you may have destroyed a fin/fin set, so that the difference between the cost of a monthly membership to Finatic™and the retail cost of the fins may be charged to your payment method. Once we have charged your payment method this difference in price you may decide to continue or cancel your membership to the Finatic™fin testing program. THERE ARE NO REFUNDS FOR PAST OR PARTIAL USED MONTHS. This is why it is imperative that you alert us immediately upon the loss or destruction of fins that you have checked out via the Finatic™fin testing program.
Billing
Once you sign up for Finatic™We will continue to bill your payment method on a monthly basis until you cancel. You may cancel your membership at anytime granted your account is in good condition (based on our discretion) and all outstanding fins have been returned and received in non-destroyed condition (based on our discretion) by The Surfboard Warehouse.
By starting your Finatic™membership, you are explicitly agreeing that we are authorized to charge you a monthly subscription fee. Also, you agree that we are authorized to charge you any applicable tax and any other charges you may incur in connection with your use of the Finatic™fin testing program. You agree that we authorized to charge the payment method you provided during registration (or a different payment method if you change your account information) to collect payment for the Finatic™fin testing program and any additional charges in connection with Finatic&trade.; Additional charges may include gift subscription purchases you make, fines for failing to return fins or fines for fins that are destroyed (based on our discretion) while in your possession (based on our discretion). As used in these terms and conditions, "billing" shall indicate either a charge or debit, against your payment method, including a checking account, where applicable. The subscription fee will be billed at the beginning of your subscription and on each monthly renewal thereafter unless and until you cancel your membership. By agreeing to these terms and conditions you are authorizing us to charge your payment method each month on the calendar day corresponding to the beginning date of your membership. In the event your membership began on a day not contained in a given month, we will charge your payment method on the last day of said month. ALL FEES AND CHARGES ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED MONTHS. We reserve the right to change the fees and charges, or add new fees and charges from time to time, but we will attempt to give you advance notice of these changes via your email on file. If you would like to use a different payment method or if there is a change in your credit card validity or expiration date, you may edit your payment method information by clicking on the "Your Account" button, underneath the customer service tab, available at the home page of our web site www.TheSurfboardWarehouse.com. If your payment method reaches its expiration date, your continued use of the Finatic™fin testing program constitutes your authorization for us to continue billing that payment method and you remain responsible for any uncollected amounts. 
Ongoing Membership
Your Finatic™membership will continue in effect unless and until you cancel your membership or we terminate it. You must cancel your membership before it renews each month in order to avoid being charged the next month's subscription fees to your payment method. We will charge the monthly subscription fee plus any applicable tax to the payment method you provide to us during registration (or to a different payment method if you change your account information). 
Cancellation 
You may cancel your subscription to the Finatic™fin testing program at anytime, and cancellation will be effective immediately assuming your account is in good condition (based on our discretion) and all outstanding fins have been returned and received in non-destroyed condition (based on our discretion) by The Surfboard Warehouse. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIALLY MONTHS. To cancel your subscription to the Finatic™fin testing program you must contact us by phone VIA the contact numbers listed on our website and let one of our representatives know that you would like to cancel your account, upon verbal confirmation that you would like to cancel your membership we will confirm you cancellation VIA email. If you do not receive confirmation that your account has been canceled please contact us by phone a second time to make sure you account was indeed terminated.
We reserve the right to terminate your account for any or no reason.

I have read and agree to the terms and conditions for the Finatic^TM program. If under 18, I am the parent or legal guardian of the person wishing to join the Finatic^TM program, and by checking this box, agree to the Terms and Conditions above.