This Waiver is for anyone who is participating in a community event hosted by Salem Kayak Rentals, Salem Kayak Club, Community Partners. Regardless, if you have your own kayak/ paddle board or not. You cannot attend or participate in this community events, without signing this waiver.
(YOU AGREE and UNDERSTAND) After signing this waiver, you must SEND A TEXT MESSAGE to 503-877-8449 to CONFIRM YOUR RSVP and Participation in any community event/ tour. Or your RSVP is not completed.
WE AGREE TO THE SAFETY REQUIRMENTS PRIOR TO PARTICIPATING.
SAFETY REQUIREMENTS: Anyone who is borrowing, renting or using Salem Kayak Rentals LLC equipment... We recommend participants to be 235pds or less, and 6’1” or shorter for safety purposes using our equipment. Our kayaks are not equipped for big and tall individuals. And want to try to help reinsure the best we can, that everyone is comfortable, stable, and properly fit the kayaks to avoid tipping over and discomfort. We apologize for any inconvenience.
Everyone is able to physically participate in such activity, everyone is in good healthy physical condition. Everyone can get up from a sitting position sitting on the floor without any assistance. Everyone has upper arm strength and physically be able to paddle for any length of time of entire tour without assistance.
Everyone understands, Life Vest are expected and required to be always worn during entire duration of guided kayak tour or community events. Life vest saves lives. All life vests are coast guard approved, sanitized/ washed between use. If borrowing, using or renting a life vest from Salem Kayak Rentals LLC, please do not wear a lot of facial make up, heavy perfume and no bug spray, they damage and stain our life vest. We do not get mosquitoes on the locations we service tours while on the water.
Everyone understands bathrooms or bathroom breaks are very limited to none during duration of tour. Recommend using bathrooms at launch, prior to start time. Please do not rush back to take out, then leave your equipment unattended. You will be responsible for lost or missing equipment.
Everyone understands, they need to drive themselves to the launching location. Tour guide/host/ Salem Kayak Rentals LLC, only shuttles the equipment for participants signed up to borrow, use or rent a kayak, not customers. Being 10mins late, can cause a non-refundable cancellation. Must be on time or left behind. Events/ tours must start on time.
Everyone is aware weather conditions can change on a instant without very little warning and bad weather can cancel activity in a instant without proper warning or enough time to prepare. Rain or Winds could pick up, causing a harder time paddling anytime. Please make sure to be able to physically participate in activity.
Everyone is aware cold water can run all year round, even when the outside weather temps are hot. Everyone is aware the risk they take of hyperthermia could happen in a capsize during cold water. Everyone has their own ability to except the risk or rent a dry suit from a recommended location on our website. Everyone is expected to dress appropriately for water and air temps. Recommended bringing spare clothes in a dry bag, shoes that can get wet, hat, sunscreen, water, and snack. Everyone Is to follow the instructions of the tour guide and follow along for safety purposes. Must be able to communicate with tour guide for any reason or emergency needs.
When participating in group tours, everyone agrees they can have photos taken of them participating in group paddles for marketing purposes online. We recommend a private tour and request to have no photos taken of you during tour to avoid participating in photos being taken. Photos are taken to validate/proof of tour happening, show others what tour is like online, to help educate others of the beautiful locations Oregon has offer. All participants receive photos of them from tours for free (sent through text messages) for keep sake memories.
Everyone is expected to follow instructions of tour guide, do not paddle pass the tour guide, unless instructed otherwise by the tour guide. Everyone is to stick together and be in close eyesight and sound range for safety purposes of tour guide. Do not instruct other customers what to do. Or try to rescue others. This is the job of the tour guide, and you could place someone else in danger. Follow guides instructions at all times.
(NO ONE UNDER THE INFLUENCE OF DRUGS / ALCOHOL)
Signing here below, you agree that you did read the health safety check questioner on our website. To help reinsure you and anyone else participating in this recreational activity, are within right height and weight to fit the kayaks/ all equipment properly for safety purposes, you are in good physical health before signing this rental agreement wavier contract. You agree, you are aware of the risk of any kind of cold-water paddling and could get hyperthermia. And choose to or not to rent a dry suit from recommended locations on our website prior to participating. You are aware, to grab and wear the proper fitted life vest provided for you. Self-serve rentals, you are required to grab all your gear and pre-check for damages, or anything missing.
Participant Signature: _ -December 2, 2023
Liability Release & Hold Harmless Agreement
I acknowledge that I have the necessary skills, weight and height recommended on the website for safety purposes to use the rented or borrowed, used equipment (kayak, paddle board or other) properly for day rentals, to participate in community events and guided kayak tours, and or to use my own equipment. I understand that the activity of kayaking, paddle boarding and canoe paddling, and other related water activities involve inherent hazards and other risks. The risks include but are not limited to physical exertion, inclement weather, capsizing of watercraft, immersion in water, tides and currents, hypothermia, accidents or illness in remote areas, tripping or slipping on rocks, travel to/from site, other boats or boaters, equipment failure and malfunction, drowning and loss or damage to personal property or death.
I. EXPRESS ASSUMPTION OF RISK
I hereby agree that he/she is operating or using their own equipment, and or using and operating the kayak(s), paddle boards or other equipment provided by Salem Kayak Rentals LLC, at his/her own risk. The undersigned agrees that he/she is voluntarily participating in all activities related to the operation, or use of the kayak, equipment and participation in these community events hosted by Salem Kayak Rentals LLC, Salem Kayak Club, Community Partners, and assumes all risk of injury, damage, loss or death that might result.
II. WAIVER/RELEASE OF LIABILITY
By the execution of this Release & Agreement, the undersigned agrees that Salem Kayak Rentals LLC, Salem Kayak Club, Community Partners and its members and volunteers shall not be liable for any damages arising from personal injuries sustained by the undersigned or any minor children under the undersigned’s custody, care, and control, as a result of any and all activities related to the operation, or use of Kayak(s), paddle boards and other equipment provided by Salem Kayak Rentals LLC, events hosted by Salem Kayak Rentals LLC, Salem Kayak Club, or community partners. The undersigned assumes full responsibility for any such injuries or damages which may occur, and further agrees that Salem Kayak Rentals LLC, Salem Kayak Club, Community Partners, its members, and volunteers shall not be liable for any loss or theft of personal property.
III. LIABILITY TO THIRD PARTIES
The undersigned hereby agrees that he/she will indemnify and hold harmless Salem Kayak Rentals LLC, Salem Kayak Club, community partners, its members and volunteers for all personal injuries, property damages, or any other damages to any and all third parties, including, but not limited to, operators and passengers of other watercraft, paddle boards or other equipment and minor children under the undersigned’s custody, care, and control, as a result of any and all activities related to the operation or use of equipment provided by Salem Kayak Rentals LLC.
IV. ACKNOWLEDGMENT OF WAIVER AND RELEASE
The undersigned states that he/she has had sufficient time to review this Release & Hold Harmless Agreement and to ask any questions associated with this Release & Agreement. The undersigned further states that he/she has carefully read the foregoing Release and Hold Harmless Agreement, knows the contents thereof, and has signed said Release & Agreement as his/her own free act.
Liability Waiver: I hereby agree that any damage to my kayaks or paddle boards during a recovery operation is my sole responsibility, regardless of whether my kayak or paddle board is being recovered or is assisting in the recovery of another paddler. I also acknowledge that I will not be held liable for any damage to a kayak or paddle board that my kayak or paddle board is assisting in the recovery of, and that I will not hold anyone liable for damage to my kayak or paddle board incurred during a recovery operation regardless of whether my kayak or paddle board is being recovered or is assisting in the recovery of another paddler.
Release: I hereby release and forever discharge Salem Kayak Rentals LLC, Salem Kayak Club Associations and Community Partners, it's members and volunteers, (herein after referred to as Salem Kayak Club and Salem Kayak Rentals LLC, members/ volunteers and community partners) from any and all liability for acts or omissions – including negligent acts or omissions – causing damage, loss, injury, or death to me while participating in activities with Salem Kayak Club or joining Salem Kayak Rentals LLC Tours and events including on or off the water.
Hold Harmless: I hereby agree to indemnify and hold Salem Kayak Rentals LLC, Salem Kayak Club, its members, volunteers and community partners harmless from any and all liability or loss – including liability for negligence – arising in conjunction with or resulting from my participation in activities with Salem Kayak Rentals LLC, Salem Kayak Club, its members, volunteers and community partners. This indemnity also includes all attorney’s fees and expenses incurred by Salem Kayak Rentals LLC, Salem Kayak Club, its members, volunteers and community partners in defending suits against them arising from my participation in activities with Salem Kayak Rentals, Salem Kayak Club, Volunteers, members and community partners.
Acknowledgment by signing below, you agree to all above statement, you agree that you had plenty of time to read and understand what is in this agreement waiver.
Signature: - December 2, 2023