DVK RENTAL WATERSPORT EQUIPMENT - LEASE AND LIABILITY CONTRACT
17921 US Highway 285 | Nathrop, CO 81236
www.DvorakExpeditions.com | 719 539-6851 worldwide | Info@dvorakexpeditions.com
Lessor: Bill Dvorak kayak & Rafting Expeditions Inc. & Between the Lines Hardware Inc. dba(s) SUP DVK, Dvorak Expeditions Inc. (Collectively as DVK)
Lessee agrees that the leased equipment has been received in good condition and represents and warrants that it will be returned in the same condition, notwithstanding ordinary wear and tear.
Lessee understands and acknowledges that the activity to be engaged in through Lessor’s lease of the Leased Equipment brings with it both known and unanticipated risks that could result in property damage, physical or emotional injury, paralysis, death, illness due to transmissible pathogen or disease or other damage or injury to Lessee, its guests, its invitees or third parties. Lessee understands that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity. Those risks include, but are not limited to falling, slipping, crashing, and colliding. We advise following COVID19 safety guidelines in all circumstances as advised by all health departments and the state governments for Colorado. Masks are required per state mandates.
Lesseeagrees to release, forever discharge, and hold harmless lessor for any injuries, damages, or claims that result from Lessee’s negligence; including any injuries, claims, or damages asserted by Lessee’s guests, invitees, or third parties. Lessor agrees to release, forever discharge and hold harmless Lessee for any injuries, damages, or claims that are the direct result of Lessor’s negligence; including injuries, claims, or damages resulting from defective Leased Equipment or improper assembly or installation of the Leased Equipment.
Lesseealways agrees to supervise both the Leased Equipment and its use the Leased Equipment is in the possession of the Lessee. Lessee agrees to follow the directions and safety rules as posted on the Leased Equipment or as otherwise provided verbally or by document, to the Lessee by Lessor.
Lessee acknowledges and represents that it has adequate homeowner’s insurance or other liability insurance to cover any bodily injury or property damage that might occur to the rented equipment or else bear the costs of defense and liability of any such injury or damage that occurred.
Lessee agrees not to remove the Leased Equipment from the designated location (Colorado) or to disassemble Leased Equipment other than what is required to transport in a personal vehicle for use on the river, lake, or water source.
Lessee grants Lessor the right to enter Lessee’s property for the delivery, pick-up, or repossession of the Leased Equipment. Lessee agrees not to loan, sublet, or otherwise dispose of the Leased Equipment.
In the event that Lessee files a cause of action against Lessor, Lessee agrees to do so solely in the state of Colorado and further agrees that the substantive law of that state shall apply in the action without regard to the conflict of law rules of that state.
Lessee agrees that if any portion of this Contract is found to be void or unenforceable, the remaining portion shall remain in full force and effect. Lessee acknowledges that sufficient time and opportunity were had to read this entire Contract, understands its content, and is executing it freely, intelligently, and without duress of any kind, and agrees to be bound by its terms.
DVORAK EXPEDITIONS RENTAL EQUIPMENT POLICIES
OUR POLICIES AT DVK - All water sports crafts; (raft, kayaking, SUPs, Tube, Boogie boards) rentals to be used in the river, lakes, and water sources must use a lifejacket (PFD), helmet (optional) for stand-up paddle boarding (SUP) and have them properly fit or instructed for use and fitting to them prior to departure. This includes (IK) inflatable kayaks, float tubes, oar rafts, paddle rafts, all stand-up paddle boards, and surfboards. Boat trailers are available under the same contract agreements.
Watercraft and additional equipment must be returned in the same condition it is given. If any damages occur full replacement value charges will be incurred upon damage items returned and/or lost items will be charged to account at the end of the rental period.
DVK will ask about your skill level at running the rental crafts and suggest the safest location for you to enjoy your experience rafting, tubing, SUPing, boating, etc. Safety is paramount so exercise caution, be smart, follow COVID19 guidelines in all circumstances advised, and enjoy your time on the water.
DVK: DEPOSIT | RESPONSIBILITY | CANCELLATION POLICY
“Mother Nature” is still in control out west so please realize that we cannot control her weather patterns or the water flows. But we can recommend all things to make your trip well prepared for your comfortable experience regardless of the changes that may occur. We reserve the right to change availability or postpone the rental of equipment if water levels weather or circumstances arise which are beyond our control. You as a Lessee must be forthcoming with your river skills and ability as well as health COVID-19 questionnaire guidelines that may prevent you from renting DVK equipment.
You can review and must SIGN the RENTAL AGREEMENT waiver prior to taking any equipment from Dvorak Expeditions Rentals. You can review our river notes etc. at www.dvorakexpeditions.com or contact DVK at 719 539-6851 for questions.
A calculated service fee (late charge) will be charged for returns of one or more hours, up to a full-day charge on half-day rentals on any equipment. For any losses, damages or abuse to equipment your Credit card or another form of payment will be used to charge replacement cost ($TBD) of any item rented from DVK.
CANCELLATION POLICY: All cancellations must be received by email to firstname.lastname@example.org or called into our office at 719 539-6851. If you are concerned about loss of monies paid due to late cancellation, we recommend that you may purchase trip cancellation insurance. www.travelexinsurance.com (Travel Assure). Locator # 06-0520.
DEPOSIT REQUIREMENT: When booking your rental, you may make a 25% deposit if more than a week in advance. The final balance is due 48 hours prior to the pick up of equipment. If you cancel a rental 48 hours before a service fee of $20 will be retained. If it is under 48 hours you can secure a store credit for the full amount to rebook your rental or cancellation will be charged the full amount (non-refundable). This includes any multi-day rental of equipment. This includes all credit card charges and/or deposits.