Rental Waiver, Acknowledgement of Risks, and Release of Liability
In consideration of the services of Packraft Rocky LLC, their officers, agents, employees, volunteers and stockholders, and all other persons or entities associated with those businesses (hereafter collectively referred to as “Packraft Rocky”) I agree as follows:
Although Packraft Rocky has taken reasonable steps to provide me with well-maintained and safe equipment, Packraft Rocky has informed me that packrafting is not without certain known and unknown risks. Certain risks are inherent in this activity and cannot be eliminated without destroying the unique character of the activity. These inherent risks can be the cause of loss or damage to equipment, accidental injury to participants, drowning, illness, or in extreme cases, permanent injury or death. Packraft Rocky does not want to frighten me or reduce my enthusiasm for this activity, but believes it is important for me to know in advance what to expect and to be informed of the inherent risks. The following describes some, but not all, of the risks: [Off-trail hiking, rugged terrain and the hazards of walking on uneven terrain; slips and falls; river crossings and drowning; wild animal encounters and the risk of exposure to insect bites and tick-borne diseases; scrambling, loose talus and rocks, and the risks of being struck by rockfall, icefall or other objects dislodged or thrown from above; standing dead trees; forces of nature, including exposure to unpredictable weather, lightning and avalanches; extreme isolation and remoteness; cliffs and the risks of falling off rocks, mountains or into crevasses; the risks of altitude and cold, including hypothermia, frostbite, acute mountain sickness, and high altitude cerebral and pulmonary edema; loss of control and equipment malfunction; other man-made and natural obstacles; your own physical condition and the physical exertion association with this activity; water conditions that may change quickly, including waves, currents and cold water temperature; difficult terrain or walking conditions along the shore, including mud, slippery rocks, and steep slopes; injury to participant’s finger, hand, arm, torso, or head due to striking parts of rental equipment or being struck by other objects while packrafting; entrapment or being crushed while in packraft; collisions with motorized (including fishing vessels and recreational boats) or non-motorized boats (including kayaks, paddles, and equipment) and with natural or man-made objects in the water such as trees and rocks, docks, buoys, driftwood and other debris; exposure to polluted or contaminated water; falling, capsizing or being flipped into the water, including when entering or exiting packrafts; and failure to follow safety guidelines, including wearing appropriate foot gear and a personal floatation device.] I am aware that the activity of packrafting with rental equipment provided by Packraft Rocky entails risks of injury or death to any participant. I understand the description of these inherent risks is not complete and that other unknown or unanticipated inherent risks may result in injury or death. I agree to assume and accept full responsibility for the inherent risks identified herein and those inherent risks not specifically identified. My participation in this activity is purely voluntary; no one is forcing me to participate, and I elect to use Packraft Rocky rental equipment and participate in spite of and with full knowledge of the inherent risks. I acknowledge that engaging in packrafting with rental equipment from Packraft Rocky may require a degree of skill and knowledge different from other activities and that I have responsibilities as a participant. I acknowledge that the staff of Packraft Rocky have been available to more fully explain to me the nature and physical demands associated with using their rental equipment and the inherent risks, hazards, and dangers associated with packrafting. I have received all requested instructions in the use of the rented equipment and have received satisfactory answers to any questions regarding the use and function of the rented equipment. I agree that I have the adequate skills, knowledge and experience to safely complete the planned activity. I acknowledge that I am solely responsible for the safety and good operating condition of rented equipment from the time I accept it until the rented equipment is returned and accepted by Packraft Rocky. Packraft Rocky has made no representations concerning my ability to safely use the rented equipment and has made no recommendations concerning the appropriateness of my proposed trip plan. I understand that I am solely and fully responsible for the selection of my proposed trip plan, including its appropriateness for my level of packrafting skill and experience. I agree to obey all state, federal and local boating regulations, laws, ordinances and lawful directives from appropriate emergency or law enforcement personnel, while operating rental equipment from Packraft Rocky. I agree that I am solely responsible for any citation or violation occurring during the use of, or as the result of using, Packraft Rocky rental equipment. I specifically recognize there are risks involved in transporting rented equipment to and from Packraft Rocky pickup and drop-off locations. I accept any and all risks of injury and damage to the rented equipment, to property belonging to myself and to others, and to myself and others personally, which risks are related to transporting the rented equipment. These risks include, but are not limited to, the rented equipment coming loose from the vehicle while in motion. I shall bear all risk and responsibility of and for any and all damage, loss or theft of the rental equipment, or any portions thereof, including, but not limited to vandalism or theft, and shall pay Packraft Rocky the full cost of repair or replacement plus the cost of any revenue lost while equipment is repaired or replaced. I shall return rental equipment in the condition in which it was received. Charges for repairs, labor, and cleaning will be applied in the event rental equipment requires repair or excessive cleaning. I agree to use all equipment for its designed purpose only. I will not permit others to use the rented equipment unless specifically authorized in writing by Packraft Rocky. I acknowledge that personal floatation devices (PFD) are made available and that all renters are required to wear PFD's while using rental equipment. I understand that use of a PFD does not remove all risks of injury; nor does PFD use make the activity safe. I hereby voluntarily release and forever discharge Packraft Rocky from any and all liability, claims, demands, attorney fees, actions or rights of actions, which are related to, arise out of, or are in any way connected with my participation in this activity and with the use of this rental equipment including specifically but not limited to negligent acts or omissions of Packraft Rocky, for any and all bodily injury, death, illness, or damage to myself, to my property, or to others.
If I, or anyone on my behalf, files a lawsuit or otherwise makes a claim against Packraft Rocky, which is unsuccessful for any reason, I agree to indemnify Packraft Rocky and pay all damages, costs, fees, expenses and attorneys’ fees incurred by Packraft Rocky defending such lawsuit or such claims. Should Packraft Rocky or anyone acting on its behalf, be required to incur attorneys’ fees and costs to enforce this agreement, I agree to indemnify and hold harmless for all such fees and costs.
I agree that the interpretation of this agreement or of any other aspect of my relationship with Packraft Rocky shall be governed by the laws of the State of Colorado and that any legal action shall only be brought in Larimer County, Colorado. I hereby waive the right to trial by jury. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining portion shall remain in full force and effect.
I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating in packrafting with rental equipment from Packraft Rocky, or else I agree to bear the costs of such injury or damage myself. I further certify that I am willing to assume the risk of any medical or physical condition I may have. I certify that I am fully capable of participating in this activity. Therefore, I assume and accept full responsibility for myself, including all minor children in my care, custody, and control, for bodily injury, death, or loss of personal property and expenses as a result of those inherent risks and dangers identified herein and those inherent risks and dangers not specifically identified, and as a result of my negligence in participating in this activity. I have carefully read, clearly understood, and accepted the terms and conditions stated herein and acknowledge that this agreement shall be effective and binding upon me, my heirs, assigns, personal representative, and estate and for all members of my family, including minor children.
Rental Agreement I agree to inspect all equipment rented from Packraft Rocky to ensure that it is provided to me in clean, undamaged and great working condition. If upon inspection of the equipment rented, I find any damage or missing parts, I agree to notify Packraft Rocky immediately. I understand that if I fail to notify Packraft Rocky of damage or missing parts before I use the equipment and before I leave the rental premises, I will be held responsible for any damage that occurs during the time the equipment is rented in my name. I hereby authorize Packraft Rocky to charge the credit card(s) provided for the rental payment and/or rental deposit for the amount of damages, including repair costs, replacement costs, labor costs, lost revenue costs, cleaning fees, late fees and any additional costs incurred, immediately.
I agree that I am liable for all charges as may be determined by Packraft Rocky upon return of the equipment. Packraft Rocky will perform packraft pressure testing and will fully inspect all rental equipment for damage within forty-eight hours of return. If rental equipment is accepted as in great condition by Packraft Rocky after inspection, your full rental deposit will be released. I agree to assume responsibility for all members in my party, whether adults or minors, utilizing any of the rental equipment, and for their acts which may cause damage or injury to property or persons. I agree that I am in good health, not under the influence of alcohol or drugs and am otherwise capable of safely operating the equipment provided. I agree to promptly return all rental equipment to the area rented from (if picked up or at place delivered) at the end of the rental period in great condition. I agree to immediately notify Packraft Rocky if rental equipment is damaged or stolen. I understand and agree that Packraft Rocky reserves the right to require that I relinquish the use of the rental equipment at any time due to unsafe or improper use. If, in the opinion of any Packraft Rocky employee or volunteer, I become incapacitated, violate any terms of this agreement or the rental waiver, or allow unauthorized or unfit person(s) to operate the rental equipment, I agree and understand no portion of the rental fee will be refunded. I agree that all members of my party, myself included, will comply with the Rental Agreement in its entirety, including the duties and obligations listed in the Notes and Conditions of Rental sections.
I have read and understand all sections of this form including the Note and Conditions of Rental sections. I agree to be bound by the terms specified in this document. I understand that once I have reserved items by paying the rental fee in full, I will receive no refund of any kind if I cancel my reservation, for any reason, at any time. Notes 1) Packraft Rocky reserves the right to refuse the use of our equipment by anyone, for any reason, at any time during the rental process and period, and without refund. 2) There are no refunds for any reason. All rentals are final. 3) The rental deposit you leave with us is a partial security against loss or damage. You are responsible for the full retail value of the equipment rented, labor costs and lost revenue during replacement period, if any loss or damage occurs. If loss or damage exceeds the value of the deposit, the renter must pay the balance. 4) Rental equipment must be returned in a clean condition, with no sand, mud or debris left on or in the rented equipment. There will be a $25 cleaning fee per package that’s not returned in clean condition. 5) There will be a $40 per hour per package fee for late returns. 6) All costs and fees may be withheld from the rental deposit and charged to the card on file for costs and fees exceeding the deposit amount. Conditions of Rental 1) All rental equipment must be rented by a person eighteen years of age (18) or older. You must be ten years of age (10) or older to use our equipment. All minors must be accompanied by a parent or legal guardian at all times. 2) Rental equipment is for use on lakes only. No equipment may be used on rivers. 3) You must enter and exit lakes on sandy shores or in areas without vegetation. Do not trample vegetation along the shores of lakes. 4) Rental equipment is not permitted on Bear Lake, Mary’s Lake, Cub Lake, or on any other lake that we deem inappropriate for environmental or other reasons. 5) Packrafts must be inflated/deflated properly, including use of tempering techniques. 6) No participants that weigh over 250 pounds may operate our single packrafts. The max weight of participants in our tandem packrafts may not exceed 750 pounds for our Ranger packraft and 1,000 pounds for our Forager packraft. 7) No more than one person at a time is permitted in our single packrafts. No more than two adults at a time are permitted in our tandem packrafts. 8) No food or glass beverages are permitted in our packrafts. 9) No sharp object are permitted on your person while operating the packraft. 10) No pets are permitted in or on our packrafts at any time. 11) Rental equipment must be properly used as designed at all times. No jumping on and no standing in packraft. Do not use the packraft as a table. No dragging packrafting. 12) No fishing is permitted while operating our single packrafts or our tandem Ranger packraft. Fishing may be permitted while using our tandem Forager packraft; however, fishing use is not inherently permitted and must be requested and approved before renting. We reserve the right to deny fishing use while operating our tandem Forager packraft to any renter and for any reason. 13) Single day rentals are not permitted in more than one lake for the duration of the rental. 14) Multi-day rentals are not permitted in more than one lake for the duration of the rental. 15) You must wear a personal floatation device at all times while operating our equipment. 16) Rental equipment must be returned promptly at the end of the rental period and no later than 10pm without written permission for a later rental return. Multi-day rentals must be returned by 6pm on the last day of the rental period. 17) You may not be under the influence while operating our rental equipment. 18) No paddling over rocks, trees, or other debris in the water. 19) You must safely wade into the water prior to entering the packraft. 20) Do not use paddles to push off of the lake bottom, rocks, logs or other debris.
| 