Please read and check off each item.
I will wear my PFD (person floatation device/lifejacket), clipped and properly adjusted at all times and will dress appropriately for the air and water conditions on the day of my paddle.
I will take seriously all advice and instructions given to me by Bay Venture Outfitters staff.
I will respect and avoid all other boat traffic. I am aware that motorized vessels may not see me and it it my responsibility to stay out of their way.
I will pay close attention to the weather and return to shore if I observe gathering thunderstorms, high winds, or other potentially dangerous conditions.
I understand water sports require good judgment and focus, and that if suspected of intoxication I will be asked to leave without a rental and/or refund.
BENSON OUTFITTERS, LLC
WAIVER AND RELEASE OF LIABILITY AGREEMENT
This Waiver and Release is applicable to all renters, operators, passengers, and users of equipment provided by Benson Outfitters, LLC. For purposes of this Waiver and Release, the term “Benson Outfitters, LLC” will be known as “the Company.” The Company includes all employees, agents, representatives, servants, assigns, successors, insurers and subsidiaries of “Benson Outfitters, LLC”. If any other rental agreement is used in addition to, or in conjunction with this Release, the provisions of this Release shall prevail over any other clauses in the rental agreement that are inconsistent with this Release. The undersigned agrees that he/she is also signing this Release on behalf of undersigned’s minor children. Renter agrees that he/she will disclose to the Company all potential operators, passengers, and users of said rental equipment. Renter further agrees that in the event that he/she fails to notify the Company of all potential operators, passengers, or users of said equipment, he/she will be personally liable for any damages to the undisclosed individuals, even if such damages arise out of the negligence or fault of the Company.
II. EXPRESS ASSUMPTION OF RISK
The undersigned hereby agrees that he/she is renting, operating or using the equipment provided by the Company at his/her own risk. The undersigned agrees that he/she is voluntarily participating in all activities related to the rental, operation, or use of the rental equipment, and assumes all risk of injury, illness, damage or loss that might result, even if the risks arise out of the negligence or fault of the Company.
III. WAIVER/RELEASE OF LIABILITY
By the execution of this Release, the undersigned agrees that the Company shall not be liable for any damages arising from personal injuries sustained by the undersigned or any 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 the Company. The undersigned assumes full responsibility for any such injuries or damages which may occur, and further agrees that the Company shall not be liable for any loss or theft of personal property. The undersigned specifically agrees that the Company shall not be responsible for such injuries, damages, loss or theft, EVEN IN THE EVENT OF NEGLIGENCE OR FAULT BY the Company, 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 the Company.
IV. LIABILITY TO THIRD PARTIES
The undersigned hereby agrees that he/she will indemnify and hold harmless the Company for all personal injuries, property damages, or any other damages to any and all third parties, including, but not limited to, operators and passengers of other watercraft and 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 the Company, even if such damages arise out of negligence or fault of the Company.
V. ACKNOWLEDGMENT OF WAIVER AND RELEASE
The undersigned states that he/she has had sufficient time to review the Waiver and Release and to ask any questions associated with said Release. The undersigned further states that he/she has carefully read the forgoing Waiver and Release, knows that 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 another rental facility, but has chosen to rent, operate, or use equipment from the Company with the knowledge that signing this Release is a requirement for rental, operation, and use of said equipment. 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 the Company for the Company’s negligence.
I herby grant to Benson Outfitters LLC, and Benson Outfitters LLC reserves, the right to use for promotional purposes any photographs or video taken of all participants by Benson Outfitters LLC during any activity related to the mission of the business.
I have read and understand the sections above. I agree to the terms and conditions as stated.