Heavner Canoe Rental Rental Agreement

Date: April 28, 2025

In consideration of Heavner Canoe and X-C Ski Rental, Inc.("Heavner Canoe Rental") furnishing services and/or equipment to enable me to participate in kayaking, canoeing or other related activities, I agree as follows:

READ CAREFULLY BEFORE SIGNING

I ACCEPT the provided equipment in good condition, and agree to return it in equally good condition. I agree to abide by the Natural Resources and Environmental Protection Act, Marine Safety regulations shown below. I take responsibility that all equipment is accounted for prior to transportation.

I ASSUME all risk of loss or damage of equipment rented or owned until returned; and I assume all risk of accident or injury or death to myself and party, (and others), based on use of equipment rented by myself and party, until returned as above agreed and will pay for all rental, loss and damage. I understand that return pick-up for down river trips occur on the hour and half hour during peak hours depending on my destination. I agree to pay additional fees if I exceed my contracted rental period and/or .25 cent per mile if requiring transportation from location beyond my intended destination.

I understand while occupying a watercraft, that all occupants must wear a life-vest or personal flotation device (PFD).

I Agree

I understand that the use of alcohol or a controlled substance is strictly prohibited while occupying a watercraft.

I Agree

Risk Relating to Coronavirus/COVID-19

The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious and is believed to spread mainly from person-to-person contact. The exact methods of spread and contraction are unknown, and there is no known treatment, cure, or vaccine for COVID-19.

While Heavner Canoe Rental has put in place preventative measures to reduce the spread of COVID-19; Heavner Canoe Rental cannot prevent you or your child(ren) from becoming exposed to, contracting, or spreading COVID-19 while utilizing Heavner Canoe Rental’s services or premises. Therefore, if you choose to utilize Heavner Canoe Rental’s services and/or enter onto our premises you may be exposing yourself to and/or increasing your risk of contracting or spreading COVID-19.

Assumption of Risk and Waiver of Liability

By signing this agreement, I acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that I may be exposed to or infected by COVID-19 by participation; and that such exposure or infection may result in personal injury, illness, permanent disability, and death. I understand that the risk of becoming exposed to or infected by COVID-19 at Heavner Canoe Rental may result from the actions, omissions, or negligence of myself and others, including, but not limited to, Heavner Canoe Rental’s owners, officers, directors, agents, employees, volunteers, or other customers or participants and their families.

I agree that I will practice safe social distancing and clean hygiene during my participation at Heavner Canoe Rental.

I voluntarily agree to assume all risks associated with my participation in Heavner Canoe Rental's services and use of equipment (including the risk of contracting COVID-19), and accept sole responsibility for any injury to myself and/or my children (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind, that I may experience or incur in connection with my use of Heavner Canoe Rental's equipment and services.

I, on my own behalf, and for my personal representatives and heirs, hereby forever release, covenant not to sue, discharge, and hold harmless Heavner Canoe Rental, its owners, officers, directors, employees, agents, and representatives, of and from all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating to my use of Heavner Canoe Rental's equipment and services. I understand and agree that this release includes any claims based on the actions, omissions, or negligence of Heavner Canoe Rental, its employees, agents, and representatives, including but not limited to a COVID-19 infection occurring before, during, or after the date hereof. By signing this document, I agree that if I may be found by a court of law to have waived my right to maintain a lawsuit against the parties being released on the basis of any claim for negligence, including exposure, spread and/or contraction of COVID-19.

I represent that I have adequate insurance to cover any injury or illness I may suffer or cause while participating in this activity, or else I agree to bear the costs of such injury or illness myself. I further represent that I have no medical or physical condition which could interfere with my safety in this activity, or else I am willing to assume – and bear the costs of – all risks that may be created, directly or indirectly, by any such condition.

I understand and agree that the law of the State of Michigan will apply to this contract. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect.

I have had sufficient time to read this entire document and, should I choose to do so, consult with legal counsel prior to signing.

I HAVE CAREFULLY READ AND FULLY UNDERSTAND ALL PROVISIONS OF THIS RELEASE, AND FREELY AND KNOWINGLY EXEMPT AND RELIEVE HEAVNER CANOE RENTAL FROM LIABILITY FOR PERSONAL INJURY, PROPERTY DAMAGE OR WRONGFUL DEATH CAUSED BY NEGLIGENCE OR ANY OTHER CAUSE.

I Agree

NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION ACT (EXCERPT) Act 451 of 1994 Part 801 MARINE SAFETY

324.80143a Carrying, storing, maintaining, and using marine safety equipment onboard vessel; violation as civil infraction; fine. A person who operates a vessel, or the owner of a vessel who operates or causes or permits the vessel to be operated, on the waters of this state shall carry, store, maintain, and use marine safety equipment onboard the vessel as required by the department. A person who violates this section is responsible for a state civil infraction and may be ordered to pay a civil fine of not more than $100.00.
324.80147 Reckless operation of vessels; penalty. (1) If a person carelessly and heedlessly operates a vessel upon the waters of this state in disregard of the rights or safety of others, without due caution and circumspection, or at a rate of speed or in a manner that endangers or is likely to endanger a person or property, that person is guilty of reckless operation of a vessel and is subject to the penalties described in subsection (3).
324.80176 Operation of or authorizing operation of motorboat while under influence of alcoholic liquor or controlled substance prohibited; visible impairment; defined. (2) The owner of a motorboat or a person in charge or in control of a motorboat shall not authorize or knowingly permit the motorboat to be operated on the waters of this state by a person if any of the following apply: (a) The person is under the influence of alcoholic liquor or a controlled substance, or both. (b) The person has a blood alcohol content of 0.08 grams or more per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine. (c) The person's ability to operate the motorboat is visibly impaired due to the consumption of alcoholic liquor, a controlled substance, or a combination of alcoholic liquor and a controlled substance

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*

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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

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Your signed waiver will be sent to the email address provided here and is available for download for three days via URL attachment.

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. Rental of watercraft is with my parent's knowledge and consent.

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*

Relationship*

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*

Type Signature

Draw Signature

Click to Sign

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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