TODAY'S DATE: September 26, 2023
NASHVILLE PADDLE CO., LLC RENTAL OPERATIONS RELEASE OF LIABILITY, WAIVER OF CLAIMS, EXPRESS ASSUMPTION OF RISK AND INDEMNITY AGREEMENT
Please read and be certain you understand the implications of signing. Express Assumption of risk Associated with use of rental of NASHVILLE PADDLE CO., LLC (Nashville Paddle) and Related Activities.
I do hereby affirm and acknowledge that I have been fully informed of the inherent hazards and risks associated with NASHVILLE PADDLE and related water sport activities to which I am about to engage, including but not limited to:
1) changing water flow, tides, currents, wave action, and ships wakes
2) collision with any of the following: a) other participants, b) the NASHVILLE PADDLE representatives or equipment; c)man-made or natural objects
3) wind shear; inclement weather, lightning; variances and extremes of wind, weather and temperature
4) my sense of balance, physical condition, ability to operate board, swim and/or follow directions
5) collision, capsizing, sinking, or other hazard that may result in wetness, injury, exposure to the elements, hypothermia, impact of the body upon the water, injection of water into my body orifices, and/or drowning
6) the presence of insects and marine life forms
7) equipment failure or operator error
8) heat or sun-related injuries or illnesses, including sunburn, sun stroke or dehydration
9) fatigue, chill and/or reaction time and increased risk of an accident
10)I specifically acknowledge that I have read, understand and agree to abide by the NASHVILLE PADDLE operational instructions at all times and that I have been trained in the safe use of NASHVILLE PADDLE equipment to my complete satisfaction, and I am physically/mentally able to participate in the water sport activities in which I am about to engage. I specifically waive any defense insofar as this contract is concerned that may arise as a result of any state or local law and/or regulation or policy that may impact its enforceability.
In addition, I do not hold Nashville Paddle Co or their staff liable for any illness, including but not limited to, COVID-19, that I might obtain by participating in this activity.
I willingly agree to comply with the terms and conditions for participation, including all company and governmental guidelines in place during the COVID-19 pandemic. If I observe any unusually significant hazard during my participation and in my presence, I will safely remove myself from participation and bring attention of the hazard to the nearest official immediately.
Condition of NASHVILLE PADDLE equipment upon Return.
The Renter shall return the NASHVILLE PADDLE equipment to the designated return area clean and in the same condition as it was in when given to Renter, excepting ordinary wear and tear. Renter shall be responsible for any damage caused to the NASHVILLE PADDLE equipment during the rental period. Company shall charge any repair amount to credit cardgiven at time of rental to cover repairs for such damages. To the extent that damages to the NASHVILLE PADDLE exceed the amount of a minor repair, Renter shall be billed by Company for the full amount of damages caused by Renter during the rental period, including reasonable attorneys fees.
NASHVILLE PADDLE is not responsible for loss or damages of personal property, including, but not limited to, phones, cameras, and glasses.
NPC Damage Fees
- Broken/missing fin: $45
- Broken/missing paddle: $150
- Broken/missing belt pack PFD: $125
- Broken/missing traditional PFD: $75
- Paddleboard gash/ding of less than 2": $50
- Paddleboard gash/ding of greater than 2" or fin box damage: $75 and up
- Renters who are not back on time may be assessed an additional $10 for each 15 minutes they are late.
Photographs taken in classes may be used in promotional materials.
Release of Liability, Waiver of Claims and Indemnity Agreement
In consideration of being allowed to participate in the above-described activities, as well as the use of any of the facilities and the use of the equipment of the below listed releases, I hereby agree as follows:
1) To waive and release any and all claims based upon negligence, active or passive, with the exception of intentional, wanton, or willful misconduct that I may have in the future against all of the following named persons or entities herein referred to as releases: NASHVILLE PADDLE CO., LLC, and its staff and independent contractors and the Metropolitan Government of Nashville and Davidson County.
2) To release the releases, their officers, directors, employees, representatives, agents, independent contractors and volunteers, and stand-up paddle boards and/or accessories from liability and responsibility whatsoever and for any claims or causes of action that I, my estate, heirs, executors, or assigns may have for personal injury, property damage, or wrongful death arising from the above activities whether caused by active or passive negligence of the releases or conjunction with any injury or loss of life that may occur as a result of engaging in the above activities.
3) By entering into this Agreement, I am not relying on any oral or written representation or statements made by the releases, other than what is set forth in this Agreement.
I hereby declare that I am of legal age and am competent to sign this Agreement, or, if not, that my parent or legal guardian shall sign on my behalf and that my parent or legal guardian Is in complete understanding and concurrence with this Agreement.
I have read this Agreement, understand it, and I agree to be bound by it.