Notwithstanding the program criteria, the Surfrider Foundation maintains full discretion to exclude a hotel for any reason, including that a hotel's facility and/or operations violate Surfrider Foundation's mission or any one of its five primary initiatives. While the OFH program is primarily focused on reducing plastic pollution, if a hotel property conflicts with any Surfrider initiative, including but not limited to Surfrider's coasts and climate initiative, beach preservation policy, beach access, and policy on artificial reefs, Surfrider in its sole discretion may exclude the hotel from the program, at any time.

Under no circumstances shall Surfrider Foundation, including its board of directors, officials, agents, volunteers, employees, staff, representatives and any other party involved in creating, producing, registering, certifying or distributing the Ocean Friendly Restaurants and Hotels programs be liable for any direct, indirect, incidental, special or consequential damages, including but not limited to the loss of profits, good will, use, data, intellectual property rights or other intangible losses (even if Surfrider Foundation has been advised of the possibility of such damages) that result from (i) the use of or inability to use the program marketing or online services, (ii) the cost of procurement of substitute goods and services (iii) statements or conduct of any third party relating to the Ocean Friendly Restaurants and Hotels program; or (iv) any other matter relating to the Ocean Friendly Restaurants and Hotels programs. You hereby acknowledge that this paragraph shall apply to all content, merchandise, and services available in conjunction with the Ocean Friendly Restaurants and Hotels programs. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states liability is limited to the fullest extent permitted by law.