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ORG Membership/Rental and Waiver of Liability Agreement

Membership Agreement

“Rental/Rentals” means any equipment/gear that is offered to members and non-members   

Important: by using any of Outdoor Recreational Gears  services or equipment, you are agreeing to be bound by the terms of Outdoor Recreational Gears  membership agreement as set below. 

Don’t agree or use our products until you have read the terms of the membership agreement. If you don’t agree to terms of this agreement, do not use our equipment or services. 

Your Monthly Membership Fee will be billed to the account above each month at the beginning of the date signed for ($10 or $24.99 based on membership selected) per month plus applicable taxes and fees until you cancel in accordance with this agreement.

Your Monthly Membership Fee is guaranteed so long as you remain a member in good standing including payment of all monthly dues and your Annual Membership Fee.

An Annual Membership Fee will be billed to your account below on or around the 1st beginning on the date signed for $30 “Plus applicable taxes” and will continue to be billed on or around the anniversary of that date each year thereafter until you cancel in accordance with this agreement.

To cancel your monthly membership and stop the billing of the Monthly Membership Fee on or around the beginning of month or the  date signed, the club must receive written notification delivered to the club by the 10th of the month either in person or preferably via certified mail to the club address listed above. Please note it may take up to seven (7) business days for any membership or billing changes to take effect. In order to cancel your membership prior to the billing of the Annual Membership Fee, the club requires written notice delivered as described above no later than the 25th of the month before such billing. The Annual Membership Fee is fully earned when received and is non-refundable.

If you provide us with more than one method of payment, you authorize us to charge any amounts you may owe us including, but not limited to, any membership-related obligations, retail transactions, and/or online purchases to any form of payment which you have provided us until such time as you revoke your authorization for that method of payment by written notification delivered to the club in person or preferably via certified mail to the address listed above.

If your credit or debit card expires, you authorize us to obtain a new expiration date from the card issuer, if we choose to do so, and/or to continue billing the card in accordance with the terms of this agreement (whether or not we have obtained a new expiration date).

In accordance with applicable law, if our first attempt to collect any fee under this Agreement is unsuccessful, we may make additional attempts to collect from any/all payment methods you provide us, and a $10 service fee will be applied for each instance we submit or re-submit such payment request and it is returned uncollectable for any reason including, but not limited to, insufficient funds, expired or cancelled payment cards, overdrafts and closed accounts. We are not liable for any fees charged by your financial institution in the event a payment request is returned as uncollectible.

 

Subscription/Rental Policies

To protect the investment in and integrity of our equipment, we have several policies in place to ensure the safe handling of Outdoor Recreational Gears  rental gear.

General Policies

It is the customer's responsibility to check over equipment and to note any pre-existing problems before leaving the Outdoor Recreational Gears . The customer may set up equipment or examine it as needed.

Outdoor Recreational Gears  equipment is designed for a specific function. It is the customer's responsibility to use equipment only for its intended use.

Outdoor Recreation Gear staff will explain the proper and safe use of the equipment as needed.  This explanation is not a substitute for training from a certified professional.

Equipment may be reserved with subscribed members and or non-members payment of the rental fee upon reservation.  Equipment may require a deposit.

All equipment is due on the scheduled return date. 

Members and the general public (18 or older) may rent equipment from the Outdoor Recreational Gears .

The company may change prices or structure of business at any time.

The company reserves the right to refuse service.

 

Rental Equipment Refunds/Cancellations/Defaults

Cancellations made four or more business days from the pick up date will receive a full refund. Cancellations made within three business days, with the exception of same day cancellations, will forfeit 50% of the rental fee. 

Alterations that decrease reservation value 50% or more of the total value of the reservation will be considered cancellations and will be treated as such regarding refunds. 

Customers failing to pick up reserved equipment will forfeit all monies, except deposits. 

Same day cancellations will be considered items that have not been picked up and will not be subject to a refund. 

Refunds will not be given for equipment that is unused or returned early.

 

Membership Cancellation:

To cancel your monthly membership and stop the billing of the Monthly Membership Fee on or around the 1st of the month, Outdoor Recreational Gears  must receive written notification delivered Outdoor Recreational Gears  by the 10th of the month either in person or by calling Outdoor Recreational Gears  customer support.  Please note it may take up to seven (7) business days for any membership or billing changes to take effect.  In order to cancel your membership prior to the billing of the Annual Membership Fee, Outdoor Recreational Gears  requires written notice delivered as described above no later than the 25th of the month before such billing.  You can find your Annual Membership Fee date in your Member Agreement. The Annual Membership Fee is fully earned when received and is non-refundable.

If  you wish to cancel your membership there’s a $59 cancellation fee.

 

Late/Loss/Damages/Fees

All equipment is due on the scheduled return date.

Equipment returned after the scheduled return date will accrue fees at the daily rate for each day late up to five days from the third and final contact attempt.

Rental items not returned within five business days of the third contact attempt will be considered lost and be subject to full replacement costs plus a 10% restocking fee.

Equipment must be returned clean, dry, and properly packaged or a fee will be assessed. The minimum cleaning fee is $20, plus $20 per additional hour of cleaning required.

Customers will be charged for any alteration of equipment.

Any loss or damage that is present on the equipment once it leaves the Outdoor Recreational Gears  is the responsibility of the customer. Cost of lost or damaged equipment will be the retail value of the item plus 10%.

The customer will have five business days from the third contact attempt to make full payment of fees. Delinquent fees will be charged to your Accounts, if applicable. 

 

Assumption of Responsibility and Risk

In consideration for being allowed to utilize Outdoor Recreational Gears  equipment and services, as well as traveling with any Outdoor Recreational Gears  equipment, customers voluntarily agree to assume all risks involved, and that direct supervision by staff may not be provided and by using the equipment and services of the Outdoor Recreational Gears . Customers expose themselves to the risk of injuries, including but not limited to, temporary or permanent muscle soreness, sprains, strains, cuts, abrasions, bruises, ligament and/or cartilage damage, bone fractures and/or breaks, head, neck or spinal injuries, loss of use of arms and/or legs, eye damage, burns, emotional trauma, drowning, disfigurement, or death. 

Customers also will recognize that in addition to the above risk of injuries and/or death, there are risks when loading and unloading equipment from vehicles including but not limited to: damage to vehicles or damage to other vehicles in travel, injury to vehicle loader and users of the vehicle. By accepting assistance from Outdoor Recreational Gears  staff with loading and securing equipment to the vehicle, customers will agree to accept the risks stated.

Customers will also recognize that there are both foreseeable and unforeseeable risks of injury or death that may occur as a result of the use of Outdoor Recreational Gears  equipment and services that cannot be specifically listed.

Customers also recognize that the actions of other users of Outdoor Recreational Gears  equipment and services may cause harm or loss to their person or property and agree to assume the risks of the same.

I give permission for Outdoor Recreational Gears (Outdoor Recreational Gears ) to use photos and or videos taken of me or participants for social media or advertising purposes and can be used where needed.

To the fullest extent allowed by law, I agree to RELEASE FROM LIABILITY, and to INDEMNIFY AND HOLD HARMLESS The Outdoor Recreational Gears , and all other manufacturers and distributors of the equipment provided to me under this agreement, any involved all season sport area, shop or service technician, and their owners, agents, employers and employees for any injuries, damages or death related to the use of this equipment. I FURTHER AGREE NOT TO MAKE A CLAIM OR SUE FOR INJURIES OR DAMAGES RELATING TO THE USE OF THIS EQUIPMENT, whether such claim is based on NEGLIGENCE, breach of warranty, product defect or any other theory. I accept this equipment AS IS with no warranties, express or implied. These waivers and obligations extend to my heirs and assigns.

THIS DOCUMENT IS A LEGALLY BINDING CONTRACT which supersedes any other agreements or representations by or between the parties. It shall be interpreted to provide as broad and inclusive a release of liability as is legally possible, but is not intended to assert any claims or defenses which are prohibited by law. If any part of this agreement is deemed void or unenforceable, the remainder shall be given full force and effect. The specific rights of the parties under this contract may vary from state to state. 

If this equipment is to be used by someone other than me, I certify that I am signing it as agent, parent or legal guardian for the user and that I will provide this form and all warnings and information to the user.

I HAVE READ THIS RELEASE OF LIABILITY, WAIVER OF LEGAL RIGHTS AND ASSUMPTION OF RISK AND FULLY UNDERSTAND ITS CONTENTS.

I UNDERSTAND AND AGREE THAT THIS AGREEMENT WILL REMAIN IN EFFECT UNTIL REVOKED IN WRITING BY ME OR BY THE RELEASORS AND SIGNED BY AN AUTHORIZED SIGNATORY OF OUTDOOR RECREATIONAL GEARS. THIS AGREEMENT CANNOT BE MODIFIED. I UNDERSTAND THAT THIS AGREEMENT WILL APPLY EVERY TIME I OR ANY RELEASOR ENGAGES IN AN ACTIVITY AT Outdoor Recreational Gears  WITHOUT REQUIRING ME TO SIGN AN ADDITIONAL AGREEMENT FOR EACH DAY, EACH SEASON AND/OR EACH ACTIVITY. Whenever “you”, “I”, “me”, or “we” is used in this Agreement, I am intending to include all other Releasors without having to restate that intent every time “you”, “I”, “me”, or “we” is used. Whenever Outdoor Recreational Gears  equipment is used in this Agreement, I understand that it refers to all Activities.

I HAVE CAREFULLY READ THIS ENTIRE AGREEMENT, UNDERSTAND ITS CONTENTS, AND I AM AWARE THAT BY SIGNING THIS AGREEMENT I AM WAIVING CERTAIN LEGAL RIGHTS WHICH I OR MY HEIRS, NEXT OF KIN, EXECUTORS, SUBROGORS, DISTRIBUTORS, ADMINISTRATORS, ASSIGNS AND REPRESENTATIVES MAY HAVE AGAINST THE RELEASED PARTIES.BY CLICKING “I AGREE” BELOW, I WARRANT THAT I HAVE THE AUTHORITY AND EXPRESS CONSENT TO SIGN THIS AGREEMENT ON MY OWN BEHALF AND ON BEHALF OF ALL OTHER RELEASORS.

 

Ski and Snowboards Gears:

I have received the equipment listed on this agreement and have been instructed on its use. I verify that the personal information (height, weight, age, skier classification) on this ticket is correct. If at any time I feel the equipment is not functioning properly, I will stop using it and return it for inspection, repair or adjustments.

 

I understand and agree that skiing, snowboarding and other winter sports are HAZARDOUS activities, that INJURIES from various causes are an INHERENT RISK of participating in these activities, and that injuries to any or all parts of my body are a COMMON AND ORDINARY OCCURRENCE during these activities. I freely accept and ASSUME ALL RISKS OF INJURY OR DEATH that may occur while using this equipment.

 

ALPINE & GRIPWALK™ SYSTEMS: I have confirmed that

the visual release indicators on the alpine ski bindings are the

same as those designated on this ticket. I understand and agree

that alpine ski/boot/binding systems CANNOT RELEASE OR

RETAIN in all situations where release or retention may prevent

injury, that they therefore CANNOT GUARANTEE MY SAFETY,

and that undesired release or retention are inherent risks of

Skiing.

AT SKI/BINDING/BOOT: I have chosen to use Alpine Touring equipment (AT bindings and/or boots), because it provides functions not available with most Alpine equipment, but I understand and agree that AT ski/binding/boot will NOT provide the same release and retention performance as part of a ski/ boot/binding system as standard Alpine ski/binding/boot.

SNOWBOARDS AND X-C: I understand that the binding systems on snowboards and cross-country skis are NOT INTENDED TO RELEASE in a fall or upon impact.

HELMETS: Snowsport helmets, when sized and fitted properly, can reduce the risk of injuries to those parts of the head that are covered by the helmet, but no helmet can protect the wearer against all foreseeable impacts or injuries. Skiing and snowboarding will expose the user to forces that exceed the limits of protection provided by any helmet, and serious injury or death can result from both low and high-energy impacts, even when a helmet is worn. Never use a helmet that has sustained a significant impact or that appears to be damaged, because damage may compromise the effectiveness of that helmet. Helmets must be properly fitted to each user, and I agree that this helmet has been properly fitted by the provider. I warrant that the helmet is comfortably snug and that when I fasten the chin strap and shake my head there is no significant movement of the helmet. I agree that if the helmet is damaged or involved in any kind of accident, I will stop using it immediately, return it to the shop and report the accident or damage.

To the fullest extent allowed by law, I agree to RELEASE FROM LIABILITY, and to INDEMNIFY AND HOLD HARMLESS The Outdoor Recreational Gears , and all other manufacturers and distributors of the equipment provided to me under this agreement, any involved winter sport area, shop or service technician, and their owners, agents, employers and employees for any injuries, damages or death related to the use of this equipment. I FURTHER AGREE NOT TO MAKE A CLAIM OR SUE FOR INJURIES OR DAMAGES RELATING TO THE USE OF THIS EQUIPMENT, whether such claim is based on NEGLIGENCE, breach of warranty, product defect or any other theory. I accept this equipment AS IS with no warranties, express or implied. These waivers and obligations extend to my heirs and assigns.

THIS DOCUMENT IS A LEGALLY BINDING CONTRACT which supersedes any other agreements or representations by or between the parties. It shall be interpreted to provide as broad and inclusive a release of liability as is legally possible, but is not intended to assert any claims or defenses which are prohibited by law. If any part of this agreement is deemed void or unenforceable, the remainder shall be given full force and effect. The specific rights of the parties under this contract may vary from state to state. 

If this equipment is to be used by someone other than me, I certify that I am signing it as agent, parent or legal guardian for the user and that I will provide this form and all warnings and information to the user.

 

Water Rentals:

Each of our items have a weight limit to ensure the safety of our customers. *Double Kayaks: 500 lbs | Single Kayaks: 300 lbs | Large Paddleboards: 250 lbs.* **By checking the below box,** you verify you are aware of these weight limits and you and all participants are below the weight limits.

“Agreement” means this “Release of Liability, Waiver of Claims, Warning, Assumption of Risk, Indemnity, and Consent to Medical Treatment/Transport Agreement.”

“Equipment” means all equipment offered for use or rent by Outdoor Recreational Gears  including, but not limited to, kayaks, paddleboards, paddles, life jackets, whistles, dry bags etc.

“Minor” or “Minor Participant” means the minor(s) participant(s) named below. 

“Releasors” means all participants signing this Agreement, as well as all participants on behalf of whom any signatory below is signing this Agreement, including without limitation Minor Participants. 

We must remind you  that all water activities present the risk of injury or death to the participants, and the loss of or damage to personal property. In consideration of the equipment provided by Outdoor Recreational Gears , the individuals named below and all other releasors agree to the following terms and conditions. 

I acknowledge that I am at least 18 years of age.  If under the age of 18, said participant(s) must be accompanied by an adult.  In addition, the parent or guardian of participant(s) under 18 must execute this agreement on behalf of said participant.  I acknowledge that all are fully capable of participating in the rental activity. 

I accept full responsibility for risk, loss, theft or damage to the above rented equipment and agree to return the equipment in the same condition as rented and to pay the current retail value of any equipment damaged or not returned.  I agree that late returns will be charged $100 for each extra day kept and that no part of the rental fee is refundable, even if the equipment has not been put to use. 

To enforce the loss damage agreement: you are the insurer of the Equipment during the Rental Term. You bear all risk of loss, theft, damage or destruction to the Equipment, regardless of cause (ordinary wear and tear is expected). If the Equipment is lost, stolen, damaged or destroyed during the Rental Term, whether or not the same is Your fault, You will notify Us immediately, and You will pay Effortless Adventure the retail value of the parts and labor necessary to repair the Equipment if damaged, or its replacement cost, if lost, stolen, destroyed or damaged beyond Our reasonable ability to repair it; and in either case, all packing, shipping, handling, storage and other associated costs. 

I acknowledge the equipment is used in a hazardous recreation activity with extreme risk of personal injury, including paralysis, drowning or death to any person or loss of personal property.  Such hazards include burns, cuts, abrasions, punctures and fractures to any part of the human anatomy including head, back, neck and spinal cord; exposure to chemical substances in the water; slips, trips or falls on decking; hypothermia or heat stroke from exposure to extreme cold or heat; equipment failure, human error and poor judgment. 

DO NOT DRAG KAYAKS OR PADDLE BOARDS ON THE GROUND TO AVOID ADDITIONAL FEES.

I acknowledge it is my responsibility to get and wear protective gear such as personal floatation device and whistle should be worn at all times while engaged in activity for which the equipment is used as a precaution against personal injury.  Such equipment does not protect me from all hazards or risks, that its use does not guarantee my safety or freedom from injury and that it is not possible to predict every situation in which it will not protect me.  I understand that this is not a complete description of hazards and that other unknown unforeseeable hazards and risk of harm may occur. 

I acknowledge the release, indemnification, and to hold harmless Outdoor Recreational Gears , its employees and agents, from any and all loss or damage to personal property, and any and all injury to, or death of, any participant resulting from this rental activity, regardless of the cause thereof.  Each Participant further agrees to indemnify, defend, and hold Outdoor Recreational Gears  harmless from and against any and all claims, of whatsoever nature, including claims based on injury to, or death of, the Participant or third party, or damage to, destruction of, or loss of personal property belonging to the Participant or to a third party. 

I give permission for Outdoor Recreational Gears  to use photos and or videos taken of me or participants for social media or advertising purposes and can be used where needed. 

I have inspected and accepted the equipment as is and with any faults.  Outdoor Recreational Gears  disclaim any implied warranties of merchandise or for the user’s fitness for this particular purpose. 

I know of no medical or health reason why I should not participate in any activity using the above equipment.  I intend this contract to bind my family, my assignees, estates, heirs and personal representatives and me.  This contract is severable and shall be interpreted and enforced under the laws of the State of Washington. 

All sales are final and no refunds will be afforded and you waive any right to charge-back your purchase with your credit card processor. 

Each Participant(s) shall abide by the following rental rules:

Wear your life preserver at all times while on the water.

Operate the vessel in a proper and safe manner at all times.

All children must be accompanied by an adult/guardian.

No alcohol, drugs or littering is permitted

No rough play.

All gear issued to the participants must be returned to the Outdoor Recreational Gears  rental attendant.

Do not stand up or change places while the kayak is on the water.

Follow load restrictions relating to weight and people maximums.

No jumping or diving.

No pets are permitted.

Vessel must be properly stowed upon return to the rental dock.

I HAVE READ THIS RELEASE OF LIABILITY, WAIVER OF LEGAL RIGHTS AND ASSUMPTION OF RISK AND FULLY UNDERSTAND ITS CONTENTS.

I UNDERSTAND AND AGREE THAT THIS AGREEMENT WILL REMAIN IN EFFECT UNTIL REVOKED IN WRITING BY ME OR BY THE RELEASORS AND SIGNED BY AN AUTHORIZED SIGNATORY OF Outdoor Recreational Gears . THIS AGREEMENT CANNOT BE MODIFIED. I UNDERSTAND THAT THIS AGREEMENT WILL APPLY EVERY TIME I OR ANY RELEASOR ENGAGES IN AN ACTIVITY AT Outdoor Recreational Gears  WITHOUT REQUIRING ME TO SIGN AN ADDITIONAL AGREEMENT FOR EACH DAY, EACH SEASON AND/OR EACH ACTIVITY. Whenever “you”, “I”, “me”, or “we” is used in this Agreement, I am intending to include all other Releasors without having to restate that intent every time “you”, “I”, “me”, or “we” is used. Whenever “kayaking” or “paddleboarding” is used in this Agreement, I understand that it refers to all Activities.

I HAVE CAREFULLY READ THIS ENTIRE AGREEMENT, UNDERSTAND ITS CONTENTS, AND I AM AWARE THAT BY SIGNING THIS AGREEMENT I AM WAIVING CERTAIN LEGAL RIGHTS WHICH I OR MY HEIRS, NEXT OF KIN, EXECUTORS, SUBROGORS, DISTRIBUTORS, ADMINISTRATORS, ASSIGNS AND REPRESENTATIVES MAY HAVE AGAINST THE RELEASED PARTIES.BY CLICKING “I AGREE” BELOW, I WARRANT THAT I HAVE THE AUTHORITY AND EXPRESS CONSENT TO SIGN THIS AGREEMENT ON MY OWN BEHALF AND ON BEHALF OF ALL OTHER RELEASORS.

I Agree

Today's Date: June 28, 2022

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*
Address
Address Line 1:*
Street address, P.O. box, company name, c/o
Address Line 2:
Apartment, suite, unit, building, floor, etc.
Country:*
City:*
State/Province:*
Zip/Postal:*
Parent or Guardian's Email Address

Email*

Confirm Email*
Check to receive discounts, information, and news by e-mail.
Referral
How did you hear about us*

If Other
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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