Loading...

 STAND UP PADDLEBOARD, CANOE & KAYAK LIABILITY RELEASE

Please read carefully. This is a release of liability and waiver of legal rights.

1. I acknowledge that use of a stand up paddleboard (SUP), paddleboard, canoe, kayak, flotation mat, bicycle, mountain bike, fat tire bike (also referred to as the Activity or Activities), including accessory equipment (including, but not limited to water ski flag, anchor, rope, personal flotation device (PFD), ankle leash, paddle, helmet, etc.), which may or may not include participation in a guided or self-guided tour is hazardous and involves a great risk of physical injury. I assume all risks associated with the Activity including, but not limited to, varying water conditions, obstacles, other canoes, kayaks and boats, other kayakers and water users, trails, foliage, roads, paved trails, off-pavement trails, domestic or wild animals, natural and manmade objects, varying weather conditions, as well as varying depth and currents. I acknowledge that use of a SUP, canoe, kayak, or bicycle of any variety may involve serious personal injury or even death. I hereby recognize and assume those risks on my own behalf and on behalf of my child or children and any other minors within my care (Minors).


2. In consideration  of the purchase, rent, or demo of a SUP, canoe, kayak, flotation mat, bicycle and/or accessory equipment  from Dig Paddlesports, LLC (The Shop), or storage space rental for personal craft (kayak, canoe, SUP, sailboat, etc.) I agree to release and hold harmless The Shop, its subsidiaries and affiliates, their respective agents, directors, officers, owners, contractors and employees, volunteers, participants, equipment suppliers or manufacturers, as well as Utah Department of Natural Resources, Utah Division of Parks and Recreation, National Park Service, U.S. Department of the Interior, their subsidiaries and affiliates, their respective agents, directors, officers, owners, contractors, employees and volunteers (collectively the Released Parties) from any and all claims I might have as a result of the Activity, including those claims based on negligence or breach of warranty. Additionally, I agree to indemnify the Released Parties for any and all claims whatsoever brought by a third party for any damage which I may cause or which any other person may cause while engaged in the Activity.


3. I agree to return all equipment rented, tested, or demoed in the same condition as I received it, normal wear and tear accepted. I understand and agree that I am responsible for the stand up paddleboard, canoe, bicycle, flotation mat, or kayak and any accessory or protective equipment provided, and that in the event of damage or loss of equipment, I will be charged a minimum fee of $25. At The Shop’s discretion, this fee may be larger depending on the severity of the damage and/or value of the lost equipment. I acknowledge that the Shop has advised me the use of a U.S. Coast Guard-Approved Personal Flotation Device (PFD) is mandatory. I understand and agree that I am responsible for the return of all equipment rented, tested, or demoed. I understand and agree that all items must be returned at the agreed upon time, and acknowledge that I will be subject to a minimum late fee of $30 per hour, for every item not returned on time. Larger items are subject to higher fees.


4. If I am signing this liability release on behalf of a minor, less than 18 years of age (the child), I represent that I am the parent and/or legal guardian of the child; I accept responsibility for all the child's medical expenses incurred in connection with the Activity; I agree to indemnify the Released Parties for any and all claims brought by the child; and I agree to indemnify the Released Parties for any and all claims brought by a third party arising in connection with the child.


5. RELEASE OF RIGHTS TO AUDIO, VIDEO AND/OR PHOTOGRAPHIC IMAGES. I agree that The Shop may use such photographs and/or videos of me and/or children with or without identifying information for any lawful purpose, including such purposes as publicity, illustration, advertising, and Web content. I hereby grant The Shop on behalf of myself and any Minors in my care and in connection with the Activity to use the resulting photographic images, audio or video for all purposes, including advertising and promotional purposes, in any manner and in any media now or hereafter known, in perpetuity throughout the world, without restriction as to alteration, and without any reimbursement of any kind due to me or the Minors. On my behalf and on behalf of the Minors, I waiver any right to inspect or approve the use of any such photographic image, audio or video. I agree that The Shop will be the exclusive owner or all rights, including but not limited to the copyrights, in and to the photographic images, audio and video and the results and proceeds of my participation hereunder.


6. The Shop will only issue a full refund if cancellation is done eight (8) or more days in advance of the rental date. Cancellations done within seven (7) days or less of the rental date will receive a 50% refund. Cancellations done with twenty-four (24) hours notice or less are not subject to refund. The Shop does not give refunds for inclement weather. In the event of inclement weather, an appropriate credit will be issued for future use.


7. In exchange for The Shop allowing me to rent or demo the aforementioned equipment, I contractually agree that any and all disputes between myself and The Shop arising from my use of this equipment OR my participation in the Activity, INCLUDING any claims for personal injury, are to be resolved in the county where the alleged tort occurred or federal court of the State of Utah.


8. COVID-19 and personal responsibility. I agree that I am personally responsible for my safety and actions while using, allowing or participating in The Shop's Activities via rental equipment, tours, and/or loading and unloading equipment on and in my vehicle, or transitioning to/from the shoreline to/from an aquatic environment. I agree to comply with all Shop policies and rules, including but not limited to all Shop policies, guidelines, signage, and instructions. Because The Shop is open for use by other individuals, I recognize that I am at higher risk of contracting COVID-19. With full awareness and appreciation of the risks involved, I, for myself and on behalf of my family, spouse, estate, heirs, executors, administrators, assigns, and personal representatives, hereby forever release, waive, discharge, and covenant not to sue The Shop, Utah State Parks, Washington County Water Conservancy District, Glen Canyon National Recreation Area, their board members, officers, owners, servants, independent contractors, affiliates, employees, successors, and assigns (collectively the “Released Parties”) from any and all liability, claims, demands, actions, and causes of action whatsoever, directly or indirectly arising out of or related to any loss, damage, or injury, including death, that may be sustained by me related to COVID-19 whether caused by the negligence of the Released Parties, any third-party using The Shop's equipment or tours, or otherwise, while participating in any activity while in, on, or around The Shop's store, Glen Canyon National Recreation Area, Utah State Parks and/or while using any of The Shop's facilities, tools, equipment, or materials.


8a. I agree to indemnify, defend, and hold harmless the Released Parties from and against any and all costs, expenses, damages, claims, lawsuits, judgments, losses, and/or liabilities (including attorney fees) arising either directly or indirectly from or related to any and all claims made by or against any of the Released Parties due to bodily injury, death, loss of use, monetary loss, or any other injury from or related to my use of The Shop's facilities, tools, equipment, or materials, whether caused by the negligence of the Released Parties or otherwise specifically related to COVID-19.


8b. By signing below I acknowledge and represent that I have read the foregoing Waiver of Liability, understand it and sign it voluntarily as my own free act and deed, including without limitation the Release of Liability and Indemnification requirements contained in this document; I am sufficiently informed about the risks involved in using The Shop equipment to decide whether to sign this document; no oral representations, statements, or inducements, apart from the foregoing written agreement, have been made; I am at least eighteen (18) years of age and fully competent; or, I am the legal parent or guardian for the minor(s) referenced below; and I execute this document for full, adequate, and complete consideration fully intending to be bound by the same. I agree that this Wavier of Liability shall be governed by and construed in accordance with Utah law, and that if any of the provisions hereof are found to be unenforceable, the remainder shall be enforced as fully as possible and the unenforceable provision(s) shall be deemed modified to the limited extent required to permit enforcement of the Wavier of Liability as a whole. This waiver remains in effect until the State of Utah lists all COVID-19 related mandates.


 

Date: April 18, 2024

First Participants Name

First Name*

Last Name*

Phone*
First Participants Age Acknowledgment*
First Participants Date of Birth*
I certify that I am 18 years of age or older
First Participants Information
I Can Swim:*

This agreement is binding on my estate, heirs, administrators and assigns. 

I HAVE CAREFULLY READ THE FOREGOING LIABILITY RELEASE, UNDERSTAND ITS CONTENTS AND SIGN IT WITH FULL KNOWLEDGE OF ITS SIGNIFICANCE.

First Participants Signature*
Second Participants Name

First Name*

Last Name*
Second Participants Date of Birth*
Second Participants Information
I Can Swim:*

This agreement is binding on my estate, heirs, administrators and assigns. 

I HAVE CAREFULLY READ THE FOREGOING LIABILITY RELEASE, UNDERSTAND ITS CONTENTS AND SIGN IT WITH FULL KNOWLEDGE OF ITS SIGNIFICANCE.

Third Participants Name

First Name*

Last Name*
Third Participants Date of Birth*
Third Participants Information
I Can Swim:*

This agreement is binding on my estate, heirs, administrators and assigns. 

I HAVE CAREFULLY READ THE FOREGOING LIABILITY RELEASE, UNDERSTAND ITS CONTENTS AND SIGN IT WITH FULL KNOWLEDGE OF ITS SIGNIFICANCE.

Fourth Participants Name

First Name*

Last Name*
Fourth Participants Date of Birth*
Fourth Participants Information
I Can Swim:*

This agreement is binding on my estate, heirs, administrators and assigns. 

I HAVE CAREFULLY READ THE FOREGOING LIABILITY RELEASE, UNDERSTAND ITS CONTENTS AND SIGN IT WITH FULL KNOWLEDGE OF ITS SIGNIFICANCE.

Fifth Participants Name

First Name*

Last Name*
Fifth Participants Date of Birth*
Fifth Participants Information
I Can Swim:*

This agreement is binding on my estate, heirs, administrators and assigns. 

I HAVE CAREFULLY READ THE FOREGOING LIABILITY RELEASE, UNDERSTAND ITS CONTENTS AND SIGN IT WITH FULL KNOWLEDGE OF ITS SIGNIFICANCE.

Sixth Participants Name

First Name*

Last Name*
Sixth Participants Date of Birth*
Sixth Participants Information
I Can Swim:*

This agreement is binding on my estate, heirs, administrators and assigns. 

I HAVE CAREFULLY READ THE FOREGOING LIABILITY RELEASE, UNDERSTAND ITS CONTENTS AND SIGN IT WITH FULL KNOWLEDGE OF ITS SIGNIFICANCE.

Seventh Participants Name

First Name*

Last Name*
Seventh Participants Date of Birth*
Seventh Participants Information
I Can Swim:*

This agreement is binding on my estate, heirs, administrators and assigns. 

I HAVE CAREFULLY READ THE FOREGOING LIABILITY RELEASE, UNDERSTAND ITS CONTENTS AND SIGN IT WITH FULL KNOWLEDGE OF ITS SIGNIFICANCE.

Eighth Participants Name

First Name*

Last Name*
Eighth Participants Date of Birth*
Eighth Participants Information
I Can Swim:*

This agreement is binding on my estate, heirs, administrators and assigns. 

I HAVE CAREFULLY READ THE FOREGOING LIABILITY RELEASE, UNDERSTAND ITS CONTENTS AND SIGN IT WITH FULL KNOWLEDGE OF ITS SIGNIFICANCE.

Ninth Participants Name

First Name*

Last Name*
Ninth Participants Date of Birth*
Ninth Participants Information
I Can Swim:*

This agreement is binding on my estate, heirs, administrators and assigns. 

I HAVE CAREFULLY READ THE FOREGOING LIABILITY RELEASE, UNDERSTAND ITS CONTENTS AND SIGN IT WITH FULL KNOWLEDGE OF ITS SIGNIFICANCE.

Tenth Participants Name

First Name*

Last Name*
Tenth Participants Date of Birth*
Tenth Participants Information
I Can Swim:*

This agreement is binding on my estate, heirs, administrators and assigns. 

I HAVE CAREFULLY READ THE FOREGOING LIABILITY RELEASE, UNDERSTAND ITS CONTENTS AND SIGN IT WITH FULL KNOWLEDGE OF ITS SIGNIFICANCE.

Parent or Guardians Email Address

Email*

Confirm Email*
Check to receive information, news, event announcements, and discounts by e-mail.
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 Guardians Name

First Name*

Last Name*

Relationship*

Phone*
Parent or Guardians Age Acknowledgment*
Parent or Guardians Date of Birth*
I certify that I am 18 years of age or older
Parent or Guardians Information
I Can Swim:*

This agreement is binding on my estate, heirs, administrators and assigns. 

I HAVE CAREFULLY READ THE FOREGOING LIABILITY RELEASE, UNDERSTAND ITS CONTENTS AND SIGN IT WITH FULL KNOWLEDGE OF ITS SIGNIFICANCE.

Parent or Guardians 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.


One or more problems exist. Please scroll up.




Powered by  Smartwaiver - TRY IT FREE!