In consideration of the opportunity to participate in the rental of Equipment described above by Center Ice Skate and Sport, Inc. operating as Portage Paddle Sports (the Company), I, for myself, and any minor children for whom I sign on behalf, and our respective heirs, administrators, personal representatives and assigns acknowledge and agree to the following:
Rental: Participant has had an opportunity to inspect the Equipment and ask any questions regarding the operation and safety features. Participant acknowledges receipt of rental Equipment AS IS for self and participants registered under name. Participant accepts responsibility for the Equipment and agrees to return at or before the termination of the rental period. Participant agrees that he/she will return the Equipment in good condition, ordinary wear and tear expected. In the event of any loss, theft, breakage or destruction of the Equipment, the Participant agrees that they will be liable for up to the full replacement value. Participant agrees they will be liable to pay any late fees if the Equipment is returned after the rental period expires.
Photo Release: I hereby grant the Company permission to use my likeness in a photograph, video, or other digital media (“photo”) in any and all of its publications, including web-based publications, without payment or other consideration. I understand and agree that all photos will become the property of the Company and will not be returned. I hereby irrevocably authorize the Company to edit, alter, copy, exhibit, publish, or distribute these photos for any lawful purpose. In addition, I waive any right to inspect or approve the finished product wherein my likeness appears. Additionally, I waive any right to royalties or other compensation arising or related to the use of the photo.
Express Assumption of Risk: My participation in the activity with the Company is voluntary and I acknowledge that use of the kayak, paddle board and/or float tube is an overall physically demanding activity and includes dangers, hazards and risks that may arise out of participation. I understand that all participants must participate within their own abilities and with utmost caution. I understand my limitations and the limitations of my minor children, and after considering such dangers and risks and in reliance on my personal judgment, I acknowledge that I or my minor children are physically and medically in a condition fit to participate and use the related equipment. I acknowledge the risk of injury exists when participating and using the related equipment, including:
- Cuts, broken bones and other injuries, permanent disability or death from collision, capsizing, sinking, kayak rollovers, falling/jumping off paddle boards, running into objects, including submerged objects and hazards that are not visible.
- Water hazards, including drowning, hypothermia, physical impact on the water and/or rocks.
- Exposure to weather, including heat exhaustion, heat stroke, sunburn, dehydration, lightning, or wind that may increase the risk of accident.
- Exposure to insects and/or animals.
I understand the description of these risks is not complete and that unknown or unanticipated risks may result in injury, illness, or death. I agree to assume all of the risk and responsibilities for myself and minor children for any accident, death, bodily injury, paralysis, loss of personal property and expense thereof as a result of participating and using any of the rental equipment. I represent that I and my minor children have adequate health insurance to provide for and pay any medical costs resulting from participation.
Release of Liability, Waiver of Claims and Indemnity Agreement: Except for the gross negligence of the Company I, for myself and any minor children for whom I sign on behalf, and our respective heirs, administrators, personal representatives and assigns, hereby release, hold harmless, covenant not to sue and indemnify the Company and its agents, employees and volunteers from any and all liability, including attorney fees and costs for injury or damage, including, but not limited to, death or injury to me, my family, minor children or other interested persons and for damage or loss of personal property.
Alcohol and Substance Policy: The consumption of alcohol or use of substances that impair judgment is forbidden during the use of any rental equipment from the Company. By signing this Release of Liability and Assumption of Risk Agreement, I acknowledge that I am not under the influence of alcohol or judgment-impairing substances. I will not cause myself to become so impaired during use of the equipment from the Company, and I understand that the Company will not be responsible for any injury to me or any third parties if I violate this policy.
Miscellaneous: I agree that this Release of Liability and Assumption of Risk Agreement is governed by Michigan law. Any dispute will be subject to the jurisdiction and venue of the courts for the County of Houghton, Michigan, or if established, the jurisdiction in the United States District Court for the Western District of Michigan in Marquette, Michigan. I agree that these venues are convenient. If any provision of this Release of Liability and Assumption of Risk Agreement is unenforceable or invalidated, I agree that it will be ineffective only to the extent of such prohibition or invalidity and the remainder will be construed as though the unenforceable provision was stricken.
I HAVE READ THIS RENTAL AGREEMENT, RELEASE OF PHOTO AND RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT, AND I FULLY UNDERSTAND ITS TERMS. I UNDERSTAND THAT I HAVE GIVEN UP LEGAL RIGHTS FOR MYSELF AND MY MINOR CHILDREN AND OUR RESPECTIVE HEIRS, ADMINISTRATORS AND PERSONAL REPRESENTATIVES BY SIGNING IT.
Today's Date: June 26, 2019