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Kayak, Canoe, and Equipment Rental Agreement


Kayak, Canoe and Equipment Rental Agreement between Ohoopee River Campground, 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 River Campground, 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 the negligent acts, omissions or other conduct by the owners, agents, officers or employees of Ohoopee River Campground, 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 River Campground, 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 River Campground, 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 the Lessor (Ohoopee River Campground, 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 designed purpose only. 

E) RECOGNITION OF RISK: Renter expressly acknowledges that kayaking and canoeing are activities with inherent risks of injury to persons and property. RENTER IS AWARE OF THOSE RISKS AND UNDERSTANDS THEM. Renter acknowledges that PFD’s (lifejackets) are made available, and ALL RENTERS ARE RESPONSIBLE FOR WEARING PFDs/LIFEJACKETS WHILE USING RENTAL BOATS AND EQUIPMENT. Renter understands that use of PFDs does not remove all risks of injury, nor does use of a PFD make Kayaking or Canoeing safe activities. Renter alone has determined the sufficiency of any safety gear or other precautions that Renter decides to take to minimize the risk of the activity. No party related to Lessor, including Owner and Employees, has made any representations regarding the safety of, or the risk of, the activity. RENTER EXPRESSLY ASSUMES THE RISKS OF THE ACTIVITY.

F) RELEASE OF LIABILITY: Renter hereby RELEASES Ohoopee River Campground, LLC, its owners and its employees from liability for negligence and HOLDS HARMLESS Ohoopee River Campground, 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 River Campground, 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 River Campground, LLC to Renter, except as contained herein, and Ohoopee River Campground, 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 River Campground, 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 River Campground, 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 River Campground, 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 River Campground, 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 River Campground, LLC.

By signing this form, I/we have read this waiver and release and agree, with full knowledge in giving this consent. 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 have 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
A signed copy of this waiver will be sent to the email address you provide.
First Participant Name

First Name*

Last Name*

Phone*
First Participant Age Acknowledgment*
First Participant Date of Birth*
I certify that I am 18 years of age or older
First Participant Signature*
Second Participant Name

First Name*

Last Name*
Second Participant Date of Birth*
Third Participant Name

First Name*

Last Name*
Third Participant Date of Birth*
Fourth Participant Name

First Name*

Last Name*
Fourth Participant Date of Birth*
Fifth Participant Name

First Name*

Last Name*
Fifth Participant Date of Birth*
Sixth Participant Name

First Name*

Last Name*
Sixth Participant Date of Birth*
Seventh Participant Name

First Name*

Last Name*
Seventh Participant Date of Birth*
Eighth Participant Name

First Name*

Last Name*
Eighth Participant Date of Birth*
Ninth Participant Name

First Name*

Last Name*
Ninth Participant Date of Birth*
Tenth Participant Name

First Name*

Last Name*
Tenth Participant 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*
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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