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Kayak, Canoe, and Equipment Rental Agreement


Kayak, Canoe and Equipment Rental Agreement between Ohoopee GA, LLC, in Lyons, Georgia, hereon called, “Lessor”, and the undersigned, herein called, “Renter”. This agreement also constitutes a Waiver and Release of Liability whereby the Renter agrees to release, discharge, hold harmless, defend and indemnify Ohoopee GA, LLC and its owners, agents, officers and employees from any and all claims, actions or losses for bodily injury, property damage, wrongful death, loss of services or otherwise which may arise out of Renter’s use of Kayaking or Canoeing Equipment. Renter acknowledges he/she specifically understands he/she (Renter) is releasing, discharging and waiving any claims or actions that they may have at the present time, or in the future, for negligent acts, omissions or other conduct by the owners, agents, officers or employees of Ohoopee GA, LLC. Signing below acknowledges acceptance of this entire agreement.

 

A) Renter shall obey all state, federal and local Boating Regulations, laws, ordinances and lawful directives from appropriate emergency or law enforcement personnel, while operating or renting boats or equipment from Ohoopee GA, LLC. Renter is solely responsible for any citation or violation occurring during the use of, or as the result of using, rental boats or equipment from Ohoopee GA, LLC.

B) Renter represents that he/she is capable of safely operating and handling the Equipment and finds it in good working order, condition and repair. Renter represents that he/she has adequate skills, knowledge and experience to safely complete the planned activity and that adequate preparations have been made to ensure safe completion of trip.

C) Renter shall be liable for all risk and responsibility of and for any and all damage, loss or theft of the rental boats and/or Equipment, or any portions thereof, including, but not limited to vandalism or theft, and shall pay Lessor (Ohoopee GA, LLC) the full cost of repair or replacement.

D) Renter shall return boats and equipment in the condition in which it was received. Minimum charges for repairs, labor and cleaning will be applied in the event rental boats or equipment requires repair or excessive cleaning. Renter agrees to use all equipment for its intended purpose only. 

E) RECOGNITION AND ASSUMPTION OF RISK: Renter expressly acknowledges that kayaking and canoeing, along with the shuttle service are activities involving inherent and unpredictable risks that may result in serious injury, illness, property damage, or death. These risks include, but are not limited to:

  • Drowning, even when wearing a personal flotation device (PFD)
  • Collisions with other boats, persons, docks, trees, branches, submerged logs, stumps, sandbars, or other natural or man-made obstacles
  • Capsizing or falling in or out of the vessel
  • Strong or changing water currents, fluctuating water levels, and unseen underwater hazards, including those obscured by dark or blackwater conditions
  • Slips, trips, or falls while entering, exiting, or transporting equipment
  • Exposure to weather conditions including heat, sunburn, dehydration, storms, or sudden changes in weather
  • Equipment malfunction or failure
  • Becoming lost, stranded, or separated from others
  • Encounters with wildlife, including but not limited to snakes, alligators, insects, fish, and other animals (while unlikely, such encounters are possible)
  • Risks associated with transportation to and from launch or pickup locations, including vehicle accidents, collisions, loading or unloading incidents, or other shuttle-related injuries

Renter understands that these risks may arise from natural conditions, the actions or inactions of others, or the negligence of Ohoopee GA, LLC, its owners, agents, officers, or employees.

RENTER KNOWINGLY AND VOLUNTARILY ASSUMES ALL SUCH RISKS, BOTH KNOWN AND UNKNOWN, EVEN IF ARISING FROM NEGLIGENCE, AND ACCEPTS FULL RESPONSIBILITY FOR PARTICIPATION IN THE ACTIVITY.

Renter acknowledges that PFDs (lifejackets) are made available and that ALL RENTERS ARE RESPONSIBLE FOR WEARING PFDs WHILE USING RENTAL EQUIPMENT. Renter understands that use of a PFD does not eliminate the risk of injury or death.

F) RELEASE OF LIABILITY: Renter hereby RELEASES Ohoopee GA, LLC, its owners and its employees from liability for negligence and HOLDS HARMLESS Ohoopee GA, LLC, its owner and its employees from any loss, expense or cost, including attorney fees, arising out of any damages or injuries, whether to persons or property, occurring as a result of the rental or use of said boat and/or Equipment.

G) This agreement constitutes the entire agreement between Ohoopee GA, LLC and Renter and no term may be waived or modified (including provision against oral modification) except in writing signed by both parties. There are no warranties, expressed or implied, by Ohoopee GA, LLC to Renter, except as contained herein, and Ohoopee GA, LLC shall not be liable for any loss or injury to Renter nor to anyone else, of any kind or however caused. This agreement is one of bailment only and Renter is not Ohoopee GA, LLC’s agent while using said boat(s) or Equipment. The laws of the state of Georgia shall govern this agreement.

H) All parties under the age of 18 shall be accompanied by a responsible adult also referred to as Renter. Renter assumes all responsibility for minor participants safety at all times. All children under the age of 13 are required by Georgia law to wear a lifejacket while aboard a vessel. 

I) Ohoopee GA, LLC may take photographs, videos and other images of me and/or my party at any time during the rental. I waive any right of privacy, publicity, compensation, copyright or other rights to those images and I consent to Ohoopee GA, LLC using or publishing those images for any purposes. 



ACKNOWLEDGMENT

Upon participation, I/we understand that I/we must be free from any influence of alcohol or drugs, and declare that I/we am/are in good health. I/we am/are capable of participating in physical sports and free from any condition that can prohibit participation in such.

I/we hereby release, discharge, hold harmless, indemnify, and defend Ohoopee GA, LLC, its owners, affiliates, employees, directors, partners, from any and all claims, losses, causes of action for any untoward incident including injuries, damages, paralysis, or death which may arise from my/our participation in the activities and use of equipment of Ohoopee GA, LLC.

By signing this form, I/we confirm that I/we have read, understood, and voluntarily agreed to this waiver in full. I/we have had the opportunity to ask questions and by which any and all information or matter pertaining to the participation in the activity and use of equipment has been explained to me and answered to my full satisfaction. I/we understand and agree that the signature I/we provide shall have the same legal effect as drawn on a physical document.



Additional Information
Number of Minor Participants for which you assume responsibility. *

Names of Minor Participants
Emergency Contact
First Name*
Last Name*
Emergency Contact's Phone Number*
Parent or Guardian's Email Address
Email
Your signed waiver will be sent to the email address provided here and is available for download for three days via URL attachment.
First Participant Name
First Name*
Last Name*
Phone*
First Participant Age Acknowledgment*
First Participant Date of Birth*
Date of Birth
I certify that I am 18 years of age or older
First Participant Signature*
Second Participant Name
First Name*
Last Name*
Participant Date of Birth*
Date of Birth
Third Participant Name
First Name*
Last Name*
Participant Date of Birth*
Date of Birth
Fourth Participant Name
First Name*
Last Name*
Participant Date of Birth*
Date of Birth
Fifth Participant Name
First Name*
Last Name*
Participant Date of Birth*
Date of Birth
Sixth Participant Name
First Name*
Last Name*
Participant Date of Birth*
Date of Birth
Seventh Participant Name
First Name*
Last Name*
Participant Date of Birth*
Date of Birth
Eighth Participant Name
First Name*
Last Name*
Participant Date of Birth*
Date of Birth
Ninth Participant Name
First Name*
Last Name*
Participant Date of Birth*
Date of Birth
Tenth Participant Name
First Name*
Last Name*
Participant Date of Birth*
Date of Birth
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.


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*
Phone*
Parent or Guardian's Age Acknowledgment*
Parent or Guardian's Date of Birth*
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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