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LIABILITY RELEASE, EXPRESS ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT KAYAK, PADDLEBOARD, & WATERCRAFT RENTALS and Guided Tours

 

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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: September 7, 2024

First Participant's Name

First Name*

Last Name*

Phone*
First Participant's Age Acknowledgment*
First Participant's Date of Birth*
I certify that I am 18 years of age or older
First Participant's Signature*
Second Participant's Name

First Name*

Last Name*
Second Participant's Date of Birth*
Third Participant's Name

First Name*

Last Name*
Third Participant's Date of Birth*
Fourth Participant's Name

First Name*

Last Name*
Fourth Participant's Date of Birth*
Fifth Participant's Name

First Name*

Last Name*
Fifth Participant's Date of Birth*
Sixth Participant's Name

First Name*

Last Name*
Sixth Participant's Date of Birth*
Seventh Participant's Name

First Name*

Last Name*
Seventh Participant's Date of Birth*
Eighth Participant's Name

First Name*

Last Name*
Eighth Participant's Date of Birth*
Ninth Participant's Name

First Name*

Last Name*
Ninth Participant's Date of Birth*
Tenth Participant's Name

First Name*

Last Name*
Tenth Participant's Date of Birth*
Parent or Guardian's Email Address

Email*
Check to receive information, news, and discounts by e-mail.
A signed copy of this waiver will be sent to the email address you provide.
Emergency Contact

First Name*

Last Name*

Emergency Contact's Phone Number*
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

First Name*

Last Name*

Phone*
Parent or Guardian's Age Acknowledgment*
Parent or Guardian's Date of Birth*
I certify that I am 18 years of age or older
Parent or Guardian's Signature*
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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