Williams AZ Kayak Rental Form

WAIVER AND RELEASE OF LIABILITY
PARTIES TO THIS AGREEMENT - The “Owner” of the rented equipment includes Williams Az Kayak Rentals,www.williamsazkayakrentals.com, and all employees, officers, shareholders, agents, representatives, partners, lessors, insurers, assigns and other parties related thereto. The “User(s)” include the renter of the equipment; any operator, passenger, or participant in any activity involving the equipment; any minor in the care or under the supervision of any User; and the heirs, executors, administrators, succes- sors and assigns of the foregoing. Renter and all other Users signing below agree that they will be the only operators, passengers or otherwise the only users of the rented equipment. Each User below further agrees that if any other party or individual is allowed to use the rented equipment, each of the undersigned will be personally liable for any damages to such unauthorized Users or damages to others caused by such unauthorized User, even if such damages arise out of the negligence or fault of Owner.

I Agree

ACKNOWLEDGMENT OF RISKS - The undersigned hereby acknowledge that some, but not all of the risks of participating in water-sport activities and the transportation and use of watercraft and other rented equipment include: road accidents; damage to the transporting automobile; failure of transporting attachments such as roof racks and trailers; unpredictable currents and water flow; collisions with submerged objects and other watercraft; capsizing or sinking of watercraft; exposure and hypothermia; encounters with wildlife and insects; lightning strikes; equipment and opera- tor errors; incapacitation due to illness; becoming lost or otherwise requiring expensive rescue; dangerous winds and storms; expensive damages to the rented equipment and to the property of others; and any other event that may cause expense, illness, injury or death.

I Agree

EXPRESS ASSUMPTION OF RISK – Each undersigned hereby agrees that each is operating or using the equipment provided by Owner at his/her own risk. Each undersigned agrees that he/she is voluntarily participating in all activities related to the rental, operation, or use of the rental equipment. Each undersigned assumes full responsibility for the risks of personal injury, accidents or illness, and any resultant expenses from any such risk, damage or loss to themselves, any other User, the rented equipment and for any personal injury or property loss caused by any User while using the rented equipment, even if the risks arise out of the negligence or fault of Owner.

I Agree

WAIVER/RELEASE OF LIABILITY - By the execution of this Release, the undersigned voluntarily releases, forever discharges and agrees to indemnify and hold harmless Owner from any and all liability of any nature for any and all injury or damage arising from personal injuries or property damage sustained or caused by the undersigned or any other User or minor children under the undersigned’s custody, care, and control, as a result of any and all activities related to the rental, operation, or use of equipment provided by Owner regardless of the cause. The undersigned as- sumes full responsibility for any such injuries or damages which may occur. The undersigned specifically agrees that Owner shall not be responsible for such injuries, damages, loss or theft, EVEN IN THE EVENT OF NEGLIGENCE OR FAULT BY OWNER whether such negligence is present at the signing of this Release or takes place in the future. This Waiver and Release does not apply to gross negligence or intentional torts by Owner.

I Agree

LIABILITY TO THIRD PARTIES – Each undersigned hereby agrees that he/she will indemnify and hold harmless Owner for all personal injuries, property damages, or any other damages to any and all third parties, including, but not limited to, any other users of the rented equipment; operators and passengers of other watercraft; and minor children under the undersigned’s custody, care, and control, as a result of any and all activi- ties related to the rental, operation, or use of equipment provided by Owner, even if such damages arise out of the negligence or fault of Owner.

I Agree

MISCELLANEOUS - The provisions of this Release will prevail over any conflicting clauses in any rental agreement executed concurrently hereto. Any claims or disputes arising from this agreement shall be exclusively governed by and construed in accordance with the laws of the state of Arizona, and venue for any litigation arising herefrom shall exclusively be in the state courts of competent jurisdiction sitting in Maricopa County, Arizona. This Agreement shall inure to the benefit of, and is binding upon, the parties hereto, and their respective heirs, representatives, successors and assigns. If any provision of this Agreement is held to be illegal, invalid, or unenforceable under present or future laws effective during the term of this Agreement, such provision shall be fully severable and the remaining provisions of this Agreement shall remain in full force and effect and shall not be affected by the illegal, invalid, or unenforceable provision or by its severance from this Agreement.

I Agree

ACKNOWLEDGMENT OF POTENTIAL RAMIFICATIONS OF SIGNING THIS WAIVER AND RELEASE – Each undersigned states that he/she has had sufficient time to review this Release and to ask any questions associated with said Release. Each undersigned further states that he/she has carefully read the foregoing Release, knows the contents thereof, and has signed this Release as his/her own free act. The undersigned warrants that he/she is aware that he/she may rent, operate, or use equipment from any other rental facility, but has chosen to rent, operate, or use equipment from Owner with the knowledge that signing this Release is a requirement for rental, operation, and use of said equip- ment. The undersigned further warrants that he/she is fully aware that he/she is waiving any right he/she may have to bring a legal action to assert a claim against Owner for Owner negligence.
I HAVE READ THIS RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.
USER PRINTED NAME

I Agree

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May 21, 2024

First Participant's Name

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First Participant's Date of Birth*

First Participant's Signature*

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Second Participant's Name

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Second Participant's Date of Birth*

Third Participant's Name

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Third Participant's Date of Birth*

Fourth Participant's Name

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Fourth Participant's Date of Birth*

Fifth Participant's Name

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Fifth Participant's Date of Birth*

Sixth Participant's Name

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Sixth Participant's Date of Birth*

Seventh Participant's Name

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Seventh Participant's Date of Birth*

Eighth Participant's Name

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Eighth Participant's Date of Birth*

Ninth Participant's Name

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Ninth Participant's Date of Birth*

Tenth Participant's Name

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Tenth Participant's Date of Birth*

Parent or Guardian's Email Address

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A signed copy of this waiver will be sent to the email address you provide.

Parent or Guardian's Driver's License / ID Card

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Issuing State*

Parent(s) or court-appointed legal guardian(s) must sign for any participating minor (those under 18 years of age) and agree that they and the minor are subject to all the terms of this document, as set forth above.

By signing below the parent or court-appointed legal guardian agrees that they are also subject to all the terms of this document, as set forth above.

Parent or Guardian's Name

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Parent or Guardian's Date of Birth*

Parent or Guardian's Signature*

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Electronic Signature Consent*

By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.

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