THIS IS A LEGAL DOCUMENT – READ BEFORE SIGNING Lake Effects will provide equipment, individual personal flotation device and a safety whistle. We must remind you, however, that all water activities present the risk of injury or death to the participants, and the loss of or damage to personal property. In consideration of the equipment provided by Lake Effects, the individuals named below agree to the following terms and conditions. Each participant over the age of 18 must complete the agreement. I acknowledge that I am at least 18 years of age. If under the age of 18, said participant(s) must be accompanied by an adult. In addition, the parent or guardian of participant(s) under 18 must execute this agreement on behalf of said participant. I acknowledge that all are fully capable of participating in the rental activity. I Agree I accept full responsibility for risk, loss, theft or damage to the above rented equipment and agree to return the equipment in the same condition as rented and to pay the current retail value of any equipment damaged or not returned. I agree that late returns will be charged $80 for each extra day kept and that no part of the rental fee is refundable, even if the equipment has not been put to use. I Agree I acknowledge the equipment is used in a hazardous recreation activity with extreme risk of personal injury, including paralysis, drowning or death to any person or loss of personal property. Such hazards include burns, cuts, abrasions, punctures and fractures to any part of the human anatomy including head, back, neck and spinal cord; exposure to chemical substances in the water; slips, trips or falls on decking; hypothermia or heat stroke from exposure to extreme cold or heat; equipment failure, human error and poor judgment. I Agree DO NOT DRAG KAYAKS OR PADDLE BOARDS ON THE GROUND TO AVOID ADDITIONAL FEES. Either have someone help you or ask an employee for help and they will assist you as soon as they are free. Your Kayak and Paddle Board time will not start until you are on the water, no need to rush. I Agree I acknowledge that protective gear such as the provided personal floatation device and whistle should be worn at all times while engaged in activity for which the equipment is used as a precaution against personal injury. Such equipment does not protect me from all hazards or risks, that its use does not guarantee my safety or freedom from injury and that it is not possible to predict every situation in which it will not protect me. I understand that this is not a complete description of hazards and that other unknown unforeseeable hazards and risk of harm may occur. I Agree I acknowledge the release, indemnification, and to hold harmless Water Rentals, its employees and agents, from any and all loss or damage to personal property, and any and all injury to, or death of, any participant resulting from this rental activity, regardless of the cause thereof. Each Participant further agrees to indemnify, defend, and hold Water Rentals harmless from and against any and all claims, of whatsoever nature, including claims based on injury to, or death of, the Participant or third party, or damage to, destruction of, or loss of personal property belonging to the Participant or to a third party. I Agree I have inspected and accept the equipment as is and with any faults. Lake Effects disclaim any implied warranties of merchandise or for the user’s fitness for this particular purpose. I Agree I know of no medical or health reason why I should not participate in any activity using the above equipment. I intend this contract to bind my family, my assignees, estates, heirs and personal representatives and me. This contract is severable and shall be interpreted and enforced under the laws of the State of North Carolina. I Agree All sales are final and no refunds will be afforded and you waive any right to charge-back your purchase with your credit card processor. I Agree Each Participant(s) shall abide by the following rental rules: 1. Wear your life preserver and the attached whistle at all times while on the water. 2. Operate the vessel in a proper and safe manner at all times. 3. All children must be accompanied by adult/guardian. 4. No alcohol, drugs or littering is permitted 5. No rough play. 6. All gear issued to the participants must be returned to Water Rentals rental attendant. 7. Do not stand up or change places while the kayak is on the water. 8. Follow load restrictions relating to weight and people maximums. 9. No jumping or diving. 10. No pets are permitted 11. Vessel must be properly stowed upon return to the rental dock or beach area I HAVE READ THIS RELEASE OF LIABILITY, WAIVER OF LEGAL RIGHTS AND ASSUMPTION OF RISK AND FULLY UNDERSTAND ITS CONTENTS. |