Read Carefully – by signing this document you are agreeing to have read, understand, and to be bound by the terms listed within this Umiak Outdoor Outfitters LTD release form. AGREEMENT TO FOLLOW DIRECTIONS I agree to observe and obey all posted rules, and warnings, and further agree to follow any oral instructions or directions given by Umiak Outdoor Outfitters, or the employees, representatives, or agents of Umiak Outdoor Outfitters. LEASE AGREEMENT Equipment is due back by when agreed in the reservation. Overdue equipment will be charged at the rate of $10.00 per hour. Lessee understands there are no refunds after delivery or on unused equipment. Reservation deposits are non-refundable on cancellations received less than 48 hours prior to the rental or trip date. Lesser may, at his discretion, require a security deposit to be held until the satisfactory return of leased equipment, at which time it will be returned to the lessee. Lessee agrees that this equipment is not to be loaned, rented, or sub-leased to any other person. Only leased equipment will be accepted for return. Lessee agrees to use and operate all equipment in a safe proper manner in accordance with all Umiak Outdoor Outfitters rules and guidelines. Lessee agrees to return all equipment in the same condition as received to an Umiak Outdoor Outfitters agent. The lessee will be charged for returning excessively dirty, damaged, or lost equipment. Charges will be determined by Umiak Outdoor Outfitters, commensurate with cleaning, repairs or replacement as needed. Failure to return the rental property within 72 hours after delivery to you, of notice to return, or within 15 days after this agreement has expired, or the presenting of false, fictitious, or misleading identification may be considered as evidence of an intention to commit larceny.
ASSUMPTION OF RISK I acknowledge that the enjoyment and excitement of outdoor activities is derived in part from the inherent risks incurred by this activity beyond the accepted safety of daily life, at home or work. These inherent risks contribute to such enjoyment and are the reasons for my participation. I am solely responsible for deciding to participate and continue in this program. I understand and accept that outdoor activities involve dangers and risks, which may include, but are not limited to, the following: - the hazards of traveling in a canoe, kayak, standup paddleboard or inner tube in any water conditions, including swimming in unfamiliar, turbulent water.
- water hazards including boulders, trees, and other obstacles, waterfalls, holes, reversals, and other water formations; and natural formations encountered while outdoors, as well as, manmade objects including, but not limited to, ropes, bridge pilings, and junk.
- the hazards of transporting canoes, kayaks, standup paddleboards and other outdoor equipment on top of your vehicle including damage to your vehicle.
- using paddles, ropes, PFDs, and other outdoor equipment.
- rescue attempts.
- hiking or walking on rugged terrain, including slippery rocks.
- injuries inflicted by animals, insects, or plants.
- accidents or illness in remote places without medical facilities.
- the forces of nature including lightning, weather changes, river level changes, and others not named.
- the physical exertion associated with paddling, hiking, and carrying equipment on land.
- possible exposure to and illness from infectious diseases including but not limited to MRSA, influenza, and COVID-19.
I assume full responsibility for personal injury to myself and (if applicable) my family member, and further release and discharge of Umiak Outdoor Outfitters for injury, loss, or damage arising out of my or my family’s use of for presence upon the facilities of Umiak Outdoor Outfitters, whether caused by the fault of myself, my family Umiak Outdoor Outfitters or other third parties.
I knowingly and freely assume all such risk, both known and unknown, even if arising from the negligence of the released or others, and assume full responsibility for my participation.
RELEASE AGREEMENT In consideration of Umiak Outdoor Outfitters' furnishing services and equipment to enable me to participate in this sport in which I may not be skilled, I hereby assume all risk of injury or loss of life to myself, and loss or damage to property arising out of my participation in such a sport, including hazards associated with any defect in a manufacturer’s product. I specifically release Umiak Outdoor Outfitters from any and all liability, including negligence (active or passive), as to any right of action or claim to relief that may accrue either to me of to my heirs or personal representatives for any such injury, loss of life, or loss of or damage to property which I may suffer while participating in such recreational activity, including activities preliminary and subsequent thereof. I further hold Umiak Outdoor Outfitters harmless from any and all liability, actions, causes of actions, debt claims and demands of every kind and nature whatsoever which I now have or which may arise from or in connection with my participation in any other activity related thereto. In the event of litigation, attorney’s fees and costs shall be rewarded to the prevailing party. I further understand Umiak Outdoor Outfitters carries no medical insurance for the protection of participants in outdoor activities, and any insurance coverage existing with respect to Umiak Outdoor Outfitters shall not alter the terms of this waiver nor impose any liability on Umiak Outdoor Outfitters. I hereby grant Umiak Outdoor Outfitters the right to use, for promotional purposes only, any photographs taken by them of me during my participation in this program.
NO DURESS I agree and acknowledge that I am under no pressure to duress to sign this agreement and that I have been given a reasonable opportunity to review it before signing. I further agree and acknowledge that I am free to have my own legal counsel review this agreement if I so desire. I further agree and acknowledge that Umiak Outdoor Outfitters has offered to refund any fees I have paid to use its equipment and services if I choose not to sign this agreement.
DISPUTE RESOLUTION The parties will attempt to resolve any dispute arising out of or relating to this agreement through friendly negotiations among the parties. If the matter is not resolved by negotiations, the parties will resolve the dispute using the below Alternative Dispute Resolution (ADR) procedure. Any controversies or disputes arising out of or relating to this agreement will be submitted to mediation in accordance with any statutory rules of mediation. If mediation does not successfully resolve the dispute, then the parties may proceed to seek an alternative form of resolution in accordance with any other rights and remedies afforded to them by law. I have carefully read this agreement and fully understand its contents. I am aware that this is a release of liability and I sign it of my own free will. IN WITNESS THEREOF, the undersigned Lessee hereunto sets his hand and seals this April 24, 2024, intending to be legally bound thereby.
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