I understand and acknowledge that there are risks of personal injury, death, and property damage while using the equipment I am renting from Outdoor Immersion, Inc., even if the equipment is used properly. Some risks are intrinsic to paddleboarding and kayaking, even in still water; other risks are inherent in outdoor activities, wilderness travel, general water sports, white water river running, or paddling in swells and breaks of any lake or ocean; still other risks may arise from conditions, situations, or activities of which I am presently unaware. Since all paddleboarding and kayaking is dangerous, and in consideration of Outdoor Immersion Inc. allowing me to rent equipment for my own use or for a guided kayak tour, I AM AWARE OF AND APPRECIATE THE INHERENT RISKS ASSOCIATED WITH THE USE OF A KAYAK AND/OR PADDLEBOARD & EXPRESSLY & VOLUNTARILY AGREE TO ASSUME ANY & ALL SUCH RISKS, WHETHER KNOWN OR UNKNOWN,INCLUDING THE RISK OF LOSS, INJURY OR DAMAGE CAUSE BY THE NEGLIGENCE, WHETHER BY ACT OR OMISSION OF OUTDOOR IMMERSION, INC., ITS OFFICERS, DIRECTORS, SHAREHOLDERS, AGENTS, EMPLOYEES, PARTNERS, REPRESENTATIVES, SUBCONTRACTORS OR AFFILIATES (THE “RELEASED PARTIES”). I HEREBY RELEASE, WAIVE, & RELINQUISH ALL CLAIMS & LEGAL ACTIONS FOR PERSONAL INJURY, WRONGFUL DEATH, OR PROPERTY DAMAGE AGAINST THE RELEASED PARTIES ARISING FROM THE USE OF THE RENTAL EQUIPMENT OR ANY ACTIVITIES INCIDENTAL THERETO; THIS RELEASE APPLIES EVEN IF ANY OF THE RELEASED PARTIES ARE NEGLIGENT OR OTHERWISE AT FAULT. I ALSO AGREE TO DEFEND & INDEMNIFY THE RELEASED PARTIES & HOLD THEM HARMLESS FROM (1) ALL CLAIMS AND LEGAL ACTIONS FOR PERSONAL INJURY, DEATH OR PROPERTY DAMAGE ARISING FROM MY CONDUCT OR THE CONDUCT OF ANYONE USING THE RENTAL EQUIPMENT; THESE INDEMNITIES APPLY EVEN IF SUCH RELEASED PARTIES ARE NEGLIGENT OR OTHERWISE AT FAULT. I agree that I have rented paddling equipment from Outdoor Immersion Incand that I am financially responsible for returning it in the condition I received it. I further agree to pay the wholesale replacement cost if I damage or lose any of the above-listed equipment. I understand the effect of my signing this document is that (1) I assume all risk of injury, death, or property damage I might suffer while using the rental equipment even if it occurs as a result of the negligence or other fault of the Released Parties, (2) absolve and release the Released Parties from the consequences of their negligence or other fault, (3) will indemnify and defend the Released Parties against any legal actions or other claims for damages arising from use of the rental equipment by myself or anyone else, and (4) will pay for damage to or loss of any of the rented equipment.
I UNDERSTAND THAT I AM FORFEITING IMPORTANT LEGAL RIGHTS AND INCURRING IMPORTANT LEGAL RESPONSIBILITIES. I understand that certain skills, capabilities, and physical and mental health and fitness are required in order to reduce the dangers involved in paddleboarding and kayaking; I have these. I also understand that canoeing and kayaking should be undertaken only after proper instruction and training; the Released Parties is not providing any instruction or training in connection with the rental of equipment. I assume all responsibility for deciding where, when, and with whom to paddle and for deciding who shall use the rental equipment. I agree that the terms of the document bind me, my heirs, assigns, executors and administrators, and protect Outdoor Immersion Inc., their agents, employees, officers, directors, and shareholders. Signature Date: December 21, 2024 |