Tubing & Rental Release of Liability I, the undersigned, accept this rental equipment AS IS and without any warranty, expressed or implied, beyond this agreement. I understand that while the equipment is in my possession, I am solely responsible for the equipment rented to me. I authorize FLOW Adventures to charge my credit card for any equipment lost, stolen or damaged in any way at full replacement value. I also agree to wear my PFD at all times while on the river. ACKNOWLEDGEMENT OF RISK: I understand that floating in a river is inherently dangerous and that I may encounter or be exposed to any number of risks, hazards and dangers--including losing control, colliding with boaters, swimmers or physical obstacles including rocks, logs and other underwater hazards, unexpected weather, dangerous currents, unexpected changes in water levels and tidal changes, flooding, equipment failures, and risk of drowning. I freely assume these risks, and any harm, injury or loss that may occur to my property or myself as a result. I hereby release, indemnify, hold harmless and defend FLOW Adventures and their agents and employees from all liabilities, causes of action, claims and demands that arise in any way from any injury, death, loss or harm that I sustain or that any other person or any property sustains as a result of my use of the rental equipment. This release includes, but is not limited to, claims based on: negligence, including the selection, maintenance and inspection of the rental equipment or failure to provide proper instruction or direction. I agree not to sue or make a claim against the released parties for injuries damages relating to my use of the rental equipment. I agree that the purpose of this agreement is that it shall be an enforceable release of liability and indemnity as broad and inclusive as is permitted my Washington law. I agree that if any portion of provision of this agreement is found to be invalid or unenforceable, then the remainder will continue in full force and effect. I also agree that any invalid provision will be modified or partially enforced to the maximum extent permitted by law to carry out the purpose of the agreement. This agreement extends and is binding to my heirs, next of kin and representatives due to death or incapacitation. By signing this document, I acknowledge all of the above information is true to the best of my knowledge. I also acknowledge that I have read and fully informed myself of the contents of this agreement by reading it in its entirety. No oral representations, statements or other inducements to sign this release have been made apart from what is contained in this document. September 22, 2023 |