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NAPERVILLE KAYAK
RENTAL AGREEMENT AND WAIVER

1. The risk of injury from the activities involved in this program is significant, including the potential for permanent paralysis and death. I KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, both known and unknown, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASEES or others and assume full responsibility for my participation.

If I observe any unusual significant hazard during my presence or participation, I will remove myself from participation and bring such to the attention of the nearest official immediately.

I, for myself and on behalf of my heirs, assigns, personal representatives and next of kin, HEREBY RELEASE, INDEMNIFY, AND HOLD HARMLESS NAPERVILLE KAYAK LLC, its officers, officials, agents and/or employees, other participants, sponsors, advertisers, and, if applicable, owners and lessors of premises used to conduct the event, from any and all claims, demands, losses, and liability arising out of or related to any INJURY, DISABILITY OR DEATH I may suffer, or loss or damage to person or property, WHETHER ARISING FROM THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE, to the fullest extent permitted by law.

I HAVE READ THIS RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.

FOR PARENTS/GUARDIANS OF PARTICIPANT OF MINOR AGE (UNDER AGE 18 AT TIME OF REGISTRATION)

This is to certify that I, as parent/guardian with legal responsibility for this participant, do consent and agree to his/her release as provided above of all the Releasees, and, for myself, my heirs, assigns, and next of kin, I release and agree to indemnify and hold harmless the Releasees from any and all liability incidents to my minor child’s involvement or participation in these programs as provided above, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASEES, to the fullest extent permitted by law.

Participant’s Signature / Parent/Guardian Signature


Date: July 4, 2020

NAPERVILLE KAYAK - RULES AND REGULATIONS

  • Kayaks can be rented only to persons 13 years of age or older (participants of minor age must have parent or guardian signature)
  • Children 12 and under must be accompanied by a parent or guardian at all times
  • One person per seat. Children may not ride on an adult’s lap
  • Please refrain from splashing other participants
  • Please refrain from colliding with other boats or the dock
  • All damages must be reported immediately
  • Please wait for an attendant to help you in and out of your boat
  • Any misuse of boats or equipment by the renters or their guests will cause a suspension or revocation of privileges
  • Renter assumes full responsibility for boats issued to them and will pay for any damages caused by themselves or their guests
  • In the event of thunder or lightning or the Thor-Guard system sounds, guests must leave the water immediately and seek shelter
  • All individuals in a kayak must wear a correctly fitted life vest at all times, including when entering or exiting the kayak
  • Naperville Kayak LLC and the Naperville Park District are not responsible for lost, stolen, or damaged belongings
  • The following are prohibited when renting a kayak:
  • Alcohol, glass in any form, smoking, swimming or diving, abusive language, exiting to shore or changing occupants, standing or transporting, racing, boating beyond designated area, removing, loosening, or untying straps or buckles from life vest Each participant must have the ability to:
  • Wear all protective equipment recommended/required by industry standards
  • Enter and exit the kayak independently or with the assistance of a companion
  • Remain seated and balanced using adaptive equipment if necessary
  • Get out from under the watercraft, remain face up in the water with the aid of a life jacket, and make progress to the shoreline, in the event of a capsize
  • Move the watercraft independently or with the assistance of a companion—through the water in a stable manner and return it to the rental area.
     

NAPERVILLE KAYAK – E-BIKE RULES AND REGULATIONS

ALL E-BIKE RIDER MUST ABIDE BY NAPERVILLE PARK DISTRICT ORDINANCE NO. 641 March 8, 2018 Section 3.02. Bicycles. (25/50)

a) When two (2) or more Persons in a group are operating bicycles on District Property, they shall not ride abreast, bust shall ride in single file.

b) No Person operating a bicycle on District Property shall cling or attach himself or his bicycle to any other moving vehicle.

c) No Person operating a bicycle on District Property shall carry another Person on the same bicycle. This restriction does not apply to tandem bicycles equipped with two or more seats or saddles or an ordinary bicycle equipped with a seat or saddle for an infant or small child if used properly. In that event, there shall be only the number of Persons on the bicycle as there are seats or saddles.

d) No Person shall operate a bicycle on District playgrounds, ball fields, tennis courts, or sidewalks except that children under the age of 4 years old riding three- or more- wheeled cycles may operate such cycles on sidewalks while under the supervision and control of an adult.

e) No Person other than a member of the Park Police shall ride a bicycle on any District street or path where signs are posted prohibiting riding bicycles.

f) Bicycles shall not, at any time, in any place, be indiscriminately parked on District Property in such manner as to interfere with pedestrian or vehicular traffic, or with Persons getting into or out of vehicles. No Person shall leave a bicycle on District Property lying on the ground or paving or set against trees or otherwise in a place other than a bicycle rack when such is provided and there is space available. No Person shall move or in any manner interfere with, any bicycle which is properly parked on District Property, nor shall any Person interfere with, or, in any manner, hinder any Person from properly parking a bicycle.

g) All bicycles, when operated on District roadways, shall be kept to the right and shall be operated as nearly as practicable to the right-hand edge of the roadway.

h) No Person shall operate a bicycle on District Property at a speed faster than is reasonable and proper under the circumstances, and every bicycle shall be operated with reasonable regard for the safety of the rider and of other Persons and property.

i) Every Person operating a bicycle on District Property shall obey all federal, state, local, and District traffic laws, rules and regulations applicable to motor vehicles, except those provisions which by their nature can have no application to the operation of a bicycle and except as otherwise provided by this section.

j) Only Class 1 electric bicycles are allowed on Park District trails. By federal standards, an electric bicycle is considered a “bicycle” (not a motorized vehicle) as long as it meets the following criteria:

  1. It must be low speed (an electric motor of less than 750 watts).
  2. It must have a maximum speed of less than 20 miles per hour.
  3. It must have functional pedals.
  4. The rider must be at least 16 years of age.

     If the person making the request meets all four of the above criteria, then they are allowed to use this bicycle on District trails. No permit is required. However, that person should be advised that they still must follow all posted speed limits and other rules and regulations set forth in the Naperville Park District’s Ordinance 641.

RENTAL AGREEMENT
Naperville Kayak, LLC.
CONDITIONS OF RENTAL:

Whenever used herein, the term “equipment” shall include any equipment rented from Naperville Kayak, LLC., The customer understands and agrees that the equipment described in this contract remains the property of Naperville Kayak LLC., and that the failure by the customer to return said equipment to Naperville Kayak LLC. within the time provided in this contract may constitute a crime and subject the customer to criminal prosecution.

EQUIPMENT AND RENTAL RATES:
www.napervillekayak.com

CHECKOUT AND RETURN:
All checkouts and returns of rented equipment shall occur between during the customer’s scheduled rental time. A copy of the Customer’s driver’s license and/or other government-issued identification shall be required at the time of checkout.

PAYMENTS:
All payments shall be made up-front, by credit card. In addition to the up-front payment for the rental, the Customer shall pay a $1 deposit, by credit card, to secure the return of the equipment in a condition acceptable under the terms of this Agreement. If equipment does not return equipment in the same condition customer authorizes Naperville Kayak, LLC. to charge customers credit card for repair, and cleaning fees when used for unauthorized off-road use.

RESPONSIBILITY FOR DAMAGE OR LOSS:
Customer agrees that he/she will return the equipment in the same good condition as when received, ordinary wear and tear accepted, and to repair and replace any and all lost, stolen, damaged, or broken parts or to reimburse Naperville Kayak, LLC. for said equipment. Therefore, regardless of the party at fault, Customer understands and agrees to be responsible for the damage to said equipment. Customer accepts use of the equipment AS IS, in good condition, and accepts full responsibility for care of the equipment while under his/her possession.

Customer agrees to return the equipment in clean, UNDAMAGED condition to avoid any ADDITIONAL charges for repair, maintenance or replacement. Good condition means normal wear and tear is accepted, but does not include flat tires, broken spokes, rims, bent rims, damaged frames, handlebars, seats, or other parts from misuse and/or crashes. Damaged parts or components will be repaired and/or replace at the shop’s discretion, and Customer agrees to pay regular shop rates and retail prices for components replaced.

Bikes and other rental equipment are maintained on a daily basis. It is the responsibility of the customer to check the equipment at the shop BEFORE setting out on any ride, and to advise the staff or any staff of any perceived problems with the condition of the equipment prior to departing the shop with the equipment.

HELMETS AND BICYCLE SAFETY:
Customer shall wear approved protective headgear at all times while using the equipment and shall ensure that all passengers wear appropriately-sized and approved protective headgear at all times while using the equipment. Helmets are offered and recommended as part of this Rental Agreement. Customers who decline to rent and wear helmets have done so at their own will and their own peril.

CUSTOMER LIABILITY:
Customer shall assume liability for any and all damage or loss to personal property, accident/injury to other persons related to the rental equipment. It is the Customer’s responsibility to prevent the theft of the equipment and, if any of the equipment is stolen while in the Customer’s possession, Customer agrees to pay the replacement cost of same. Customer shall properly secure or lock all rental equipment in legal locations when not in the Customer’s possession.

UNAUTHORIZED DRIVERS, PASSENGERS, AND TOWING PROHIBITED:
No other person may drive or otherwise operate the bicycle except the Customer. Customer may not add any kind of seat or modification to allow someone to ride on the rear fender, and no one may ride on the handlebars or crossbar at any time. Customer is prohibited from pulling or towing any passenger or object with the bicycle at any time, except when using towing, equipment leased from and approved by Naperville Kayak, LLC.

SUBLEASING PROHIBITED:
Customer understands and agrees that any subleasing or re-letting of rental equipment is prohibited and that any such sublease or re-letting shall immediately cause termination and cancellation of this Agreement.

TERMINATION OF AGREEMENT:
Customer agrees that Naperville Kayak, LLC., has the right to terminate at any time and to re-take possession of said equipment, and for said purpose Naperville Kayak, LLC., may enter upon the premises of the Customer without becoming liable for trespass.

DEPOSIT:
To rent the equipment, we require a security deposit for damages or loss on all equipment rented, in the form of signed and imprinted credit card authorization plus the driver’s license, passport, or other government-issued photo ID of the Customer. Any deposit given by the Customer shall be applied to and guarantee the faithful performance of all the provisions of this Agreement and all repairs necessary to said equipment. If any action is brought to enforce any of the terms of conditions of this Agreement, or to recover any sums due to hereunder, Customer agrees to pay all attorney’s fees, court costs, or other expenses of Naperville Kayak, LLC.

COMPLIANCE WITH LOCAL LAWS:
The Customer hereby agrees to obey all Illinois traffic laws and regulations while riding, as well as the traffic laws and regulations of any other local, state, or federal jurisdiction into which the customer takes the equipment. The Customer shall not use cellular telephones or cameras while riding.

LATE RETURN FEE:
An additional, double the normal rate charged by Naperville Kayak, LLC., rental fee will be charged for each slotted time customer keeps equipment after the return date & time specified on this contract. All equipment must be returned directly to Naperville Kayak, LLC.

OTHER TERMS AND CONDITIONS:
This Agreement, and any rights, duties, and obligations as between the parties to this Agreement, shall be governed by and interpreted solely in accordance with the laws of the State of Illinois and no other jurisdiction. Any litigation involving the parties to this Agreement shall be brought solely within the State of Illinois and shall be within the exclusive jurisdiction of the state courts of the State of Illinois, and the venue for such litigation shall be within the City of Naperville.

  • I AGREE TO NOT RIDE OR USE RENTAL EQUIPMENT IN ANY RIVER, STREAM, LAKE OR OTHER BODY OF WATER.
  • I AGREE TO RIDE ON ONLY PAVED AND CRUSHED LIMESTONE PATHS ONLY AND UNDERSTAND THAT ANY OFFROAD USE IS STRICKLY PROHIBITED.
  • I AGREE NOT TO RIDE ON TRAILS, PATHS, OR ROADS THAT ARE CLOSED OR TO TRESPASS ON POSTED LAND.
  • I AGREE TO NOT CHANGE OR SUBSTITUTE ANY PARTS ON THE BICYCLE OR OTHER EQUIPMENT.
  • I ACKNOWLEDGE FULL RESPONSIBILITY FOR THE SAFETY OF MY GROUP AND AGREE THAT ALL MEMEBERS WILL RIDE SAFELY AND RESPONSIBLY.
  • I UNDERSTAND THAT I AM RESPONSIBLE FOR RETURNING ALL EQUIPMENT LISTED BELOW AND THE COST OF ANY LOST OR REPAIRED EQUIPMENT WILL BE CHARGED TO MY CREDIT CARD.
  • FINALLY, I AGREE TO COMPLY WITH ALL OF THE TERMS AND CONITIONS OUTLINED IN THIS AGREEMENT.

PARTICIPANTS SIGNATURE OR PARENT OR GUARDIAN

 

Naperville Kayak, LLC.
BICYCLE RENTAL ASSUMPTION OF RISK, WAIVER AND RELEASE AGREEMENT

ASSUMPTION OF RISK:
I understand and accept that renting this bicycle and participating in biking exposes me to many hazards and entails unavoidable risk of death, personal injury (including but not limited to severe spinal or head injury) and loss of or damage to property.

I understand and acknowledge that bicycling is a hazardous activity and entails known and unanticipated risks which could result in physical or emotional injury, paralysis, death, or damage to myself, to property, or to third parties. The risks include among other things, without limitation: falling, collision with highway or roadway vehicles; striking obstructions or other person; unsafe speed of travel for conditions; equipment failure; adverse weather conditions, moisture, terrain, and the like including temperature exposure (hypothermia, sunstroke, sunburn, heat exhaustion and dehydration); changing weather conditions; variation or sleepiness in terrain; mechanical and structural failure of the equipment; difficulty or inability to control ones’ speed and direction; loss of balance; rapid or uncontrolled acceleration on hills and inclines; collision with exposed rock, snow, ice, earth, trees, or other natural or man-made objects ; collision with pedestrians, vehicles or other cyclists; changes or variations in the cycling surface; failure to cycle safely or within one’s own ability; and the negligence or willful misconduct of other cyclists.

I understand that such risks cannot be eliminated by Naperville Kayak, LLC., or its officers, agents, employees, and affiliates, without jeopardizing the essential a\qualities of this activity.

I also understand I should be in good physical health to participate in bicycling.

My participation in this activity is purely voluntary, and I elect to participate in spite of the risks.

I choose to participate in bicycling in spite of these risks and herby assume all risk or injury or loss of like to myself and loss or of damage to property arising out of renting the equipment and participating in bicycling.

I agree, and knowingly, intelligently and voluntarily agree, to accept and assume all of the risks existing in this activity.

I understand the inherent risk involved in using this equipment, and I accept full responsibility for any and all such damage or injury which may result.

THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED, CONCERNING THE EQUIPMENT RENTED PURSUANT TO THIS AGREEMENT.

 

WAIVER AND RELEASE:
In consideration of Naperville Kayak, LLC. renting me this bicycle, I specifically release and forever discharge Naperville Kayak, LLC., and its officers, agents, employees, and affiliates from any and all liability, claims, demands, and causes of action of any nature whatsoever for injury, illness, death, or loss of or damage to property which I or any member of my family may suffer while renting this bicycle and participating in bicycling, and I hereby waive any rights to sue or assert such claims or causes of action against Naperville Kayak, LLC. And its officers, agents, employees, and affiliates.

This discharge and release specifically includes, but is not limited to, liability or claims for injury, illness, death or damage caused by the negligence of Naperville Kaya, LLC. or its officers, agents, employees, and affiliates

It is my intent by this Assumption of Risk, Waiver and Release Agreement to release Naperville Kayak, LLC. and hold it harmless from all liability for any such property loss or damage, personal injury or loss of life, whether caused by the negligence of Naperville Kayak, LLC. or its officers, agents, employees, and affiliates, or whether based upon breach of contract, breach of warranty, or any other legal theory.

In signing this document, I fully recognize that if injury, illness, death or damage occurs to me while I am engaged in renting this bicycle or participating in bicycling, I will have no right to make a claim or file a lawsuit against Naperville Kayak, LLC. or its officers, agents, employees, and affiliates, even if they or any of them negligently cause my injury. Illness, death or damage.

I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating, or else I agree to bear the costs of such injury or damage myself. I understand and agree that any insurance coverage I maintain, whether liability, casualty, personal or health, shall constitute the primary coverage in the event of any loss, injury, death or damage to person or property while using or operating the rented equipment.

I hereby agree to defend, protect, indemnify and hold harmless Naperville Kayak, LLC. or its officers, agents, employees, and affiliates, from all claims, actions, proceedings, costs, damages, and liabilities, including attorney’s fees, arising out of, in any way connected with, or resulting from my participation in this activity and/or my use of the rented equipment, including without limitation the possession, use, operating, or return of the equipment, including any such claims which allege negligent acts or omissions on the part of Naperville Kayak, LLC. or its officers, agents, employees, and affiliates.

Should Naperville Kayak, LLC. or anyone acting on its behalf, be required to incur attorney’s fees and costs to enforce this Agreement, I agree to indemnify and hold them harmless for all such fees and costs.

I agree that Naperville Kayak, LLC. is and shall not be responsible if I cause injury to another person or if I damage another bicycle, vehicle or other personal property of another. I hereby agree to protect, defend, indemnify, and hold harmless Naperville Kayak, LLC. or its officers, agents, employees, and affiliates, and to pay claim, including attorneys’ fees, brought by a third party arising out of my use of the equipment and for any liability associated with any personal accident and/or injury as a result of my use of the equipment.

I further certify that I have adequate medical or health insurance to cover any medical assistance I may require, and that any passengers or persons for whom I am responsible also have adequate medical or health insurance to cover any medical assistance they may require.

I further certify that I have no medical or physical conditions which could interfere with my safety in this activity, or else I am willing to assume all liability, damages or costs that may be created, directly or indirectly, by any such condition.

I realize the importance of wearing a helmet and I hereby commit to wearing a helmet at all times while riding the bicycle.

  • I understand that this activity may result in severe injury, including but not limited to spinal or head injury.
  • I understand that this activity may result in hazards posed by other bicycles and traffic or road conditions.
  • I understand how to operate the rental bicycle’s gears and brakes and adjust the seat and quick releases.
  • I understand the rented bicycle may not have visibility enhancement equipment, such as reflectors, blinking lights, or other lights.
  • I acknowledge that the staff of Naperville Kayak, LLC. have answered any questions I have had.

This Agreement, and any rights, duties, and obligations as between the parties to this agreement, shall be governed by and interpreted solely in accordance with the laws of the State of Illinois and no other jurisdiction. Any litigation involving parties to this Agreement shall be brought solely within the State of Illinois and shall be within the exclusive jurisdiction of the state courts of the state of Illinois, and the venue for such litigation shall be within the City of Naperville.

This Agreement shall be effective and binding upon my heirs, next of kin, executors, administrators, legal representatives, and assigns, as well as upon me.

I have read this entire Assumption of Risk, Waiver and Release Agreement. I fully understand the entire Agreement and acknowledge that I have had the opportunity to review this Agreement with an attorney of my choosing if I so desire, and I agree to be legally bound by the agreement.

Naperville Kayak Photo LLC Release

I hereby grant the {Name of Organization} 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 {Name of Organization} and will not be returned.

I hereby irrevocably authorize the Naperville Kayak Photo Release 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.

I hereby hold harmless, release, and forever discharge Naperville Kayak LLC from all claims, demands, and causes of action which I, my heirs, representatives, executors, administrators, or any other persons acting on my behalf or on behalf of my estate have or may have by reason of this authorization.

I HAVE READ AND UNDERSTAND THE ABOVE PHIOTO RELEASE. I AFFIRM THAT I AM AT LEAST 18 YEARS OF AGE, OR, IF I AM UNDER 18 YEARS OF AGE, I HAVE OBTAINED THE REQUIRED CONSENT OF MY PARENTS/GUARDIANS AS EVIDENCED BY THEIR SIGNATURES BELOW. I ACCEPT:

I HAVE CAREFULLY READ THIS AGREEMENT AND UNDERSTAND ITS CONTENTS.

I AM AWARE THAT BY SIGNING THIS AGREEMENT, I AM WAIVING CERTAIN LEGAL RIGHTS WHICH I OR MY HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, AND/OR REPRESENTATIVES MAY HAVE AGAINST THE RELEASEES.

I AM AWARE THIS IS AN ASSUMPTION OF RISK, WAIVER AND RELEASE OF LIABILITY AND I SIGN IT VOLUNTARILY.

I ALSO UNDERSTAND THAT I SHOULD NOT, AND MAY NOT PARTICIPATE IN THIS ACTIVITY IF I AM UNDER THE INFLUENCE OF ALCOHOL OR DRUGS.

 

FURTHERMORE, I AGREE TO THE TERMS OF THE ABOVE RENTAL AGREEMENT WITH Naperville Kayak, LLC.

DATE SIGNED: July 4, 2020

First Participant's Name

First Name*

Last Name*
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*

Confirm Email*
Check to receive information, news, 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.
Parent or Guardian's Name

First Name*

Last Name*
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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