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Lost River Outdoor Center

RENTAL AGREEMENT AND RELEASE OF LIABILITY AND WAIVER

PLEASE NOTE THAT ANY EQUIPMENT NOT RETURNED TO ORIGINAL STARTING POINT (UNLESS PRIOR ARRANGEMENTS HAVE BEEN MADE) WILL INCUR A $100 FEE PER BOAT

ANY BOAT RETURNED AFTER CLOSING WILL INCUR A $50 LATE FEE

PLEASE READ THIS RELEASE OF LIABILITY AND WAIVER FORM CAREFULLY BEFORE SIGNING

I understand that outdoor recreational activities involve inherent risk, and I may be exposed to dangers and hazards, known and unknown, including, but not limited to the following: falls, fractures, concussions, dangerous weather, overexertion, overheating, injuries from my lack of fitness or conditioning, sunburn, dehydration, lightning and rapid weather change, unpredictable ocean and river currents and conditions, hypothermia, hostile or aggressive wildlife, dangerous plant life, bacteria, amoebas, and marine life forms, drowning, death, equipment failures, and negligence of LROC or others.

By signing this document, YOU ARE EXPRESSLY AGREEING TO HAVE KNOWINGLY, FULLY AND TOTALLY RELEASED Lost River Outdoor Center (LROC), its agents and employees (referred to as “LROC”) and Martin County, its agents, employees and elected officials (hereinafter together with LROC referred to as the “the Released”) FROM ANY AND ALL CLAIMS, INCLUDING ACTIVE OR PASSIVE NEGLIGENCE BUT EXCLUDING GROSS NEGLIGENCE AND/OR INTENTIONAL MISCONDUCT, arising out of any act, omission, or condition existing prior to the signing of the agreement, and extending to include any act, omission, or condition in any way connected with your participation in (including transit to and from) these water sports activities, occurring at any point in the future from the activities in which you are about to engage. THIS WAIVER AND RELEASE OF LIABILITY IS EXPRESSLY PROVIDED TO EXCULPATE THE RELEASED FROM THOSE LIABILITIES WHICH ARE SEPARATE FROM AND IN ADDITION TO THE POTENTIAL LIABILITIES CREATED BY THE RISKS INHERENT IN WATER SPORTS PARTICIPATION. Furthermore, by initialing and signing this waiver below, you are binding your spouse, heirs, assigns, and any similarly situated personal or legal representative to the waiver’s terms.

I HEREBY ASSUME FULL RESPONSIBILITY FOR ANY RISK OF BODILY INJURY, DEATH OR PROPERTY DAMAGE DUE TO THE NEGLIGENCE OF THE RELEASED.

By executing this WAIVER below, you are further agreeing to hold harmless and to indemnify the Released against any and all claims, demands, losses, damages, causes of action, judgments, costs, expenses, attorneys’ fees, and other liabilities, including those from third parties, arising out of or relating to your participation in any water sports and/or presence upon the property on which they are located, even if caused by the active or passive negligence of the Released, but excluding any gross negligence or intentional misconduct. By agreeing to indemnify the Released for the acts, occurrences, and expenses as contained within this subsection you are knowingly and voluntarily agreeing that you may be required to reimburse or provide the cost of a legal defense or representation for the Released for any expenses or actions it has to take arising out of your participation in these water sports activities.

I agree that the use of equipment furnished by LROC constitutes an acceptance of said equipment on a lease basis “As Is” and agree to return all rental equipment in its present condition, with the exception of ordinary wear and tear. I further agree to utilize the life preserver provided by LROC and to only participate in the outdoor activities if I and my entire party uses the life preservers as instructed by LROC, acknowledging that the proper use thereof is our responsibility. I agree to reimburse LROC the retail replacement value of any equipment that is damaged during my use.

I understand that I may be photographed or videotaped. To the fullest extent allowed by law, I waive all rights of publicity or privacy or pre-approval that I have for any such likeness of me or use of my name in connection with such likeness, and I grant to LROC and its assigns permission to copyright, use, and publish (including by electronic means) such likeness of me, whether in whole or part, in any form, without restrictions, and for any purpose.

This Agreement shall be governed by and construed in accordance with the domestic substantive laws of the State of Florida without giving effect to any choice or conflict of law provision or rule that would cause the application of the domestic substantive laws of any other jurisdiction. Each of the parties agrees that all actions, suits or proceedings arising out of or based upon this Agreement or the subject matter hereof shall be brought and maintained exclusively in the federal and state courts of the State of Florida located in Martin County. Each of the parties hereto by execution hereof hereby irrevocably submits to the jurisdiction of the federal and state courts in the State of Florida located in Martin County, for the purpose of any action, suit or proceeding arising out of or based upon this Agreement or the subject matter hereof. Each of the parties hereto hereby consents to service of process in any such suit, action or proceeding in any manner permitted by the laws of the State of Florida. The provisions of this section shall not restrict the ability of any party to enforce in any court any judgment obtained hereunder.

I AGREE to return to the starting point at the end of my rental period. Late fees will be charged at the rate of $20 per hour. Any piece of equipment returned AFTER closing will be charged an additional $50 "after-closing" fee, in addition to hourly late fees. If I fail to paddle my boat back to the starting point, I will be charged the rental fee plus $100 per piece of equipment, and any applicable late fees .

There is a no tolerance policy regarding possession and use of the following:Alcohol and drugs;animals; weapons.

LROC is not responsible for loss or damage to any personal property, equipment and/or electronics.

Alcohol Consumption, Assault and Battery, Injury, and Property Damage Acknowledgement as it Pertains to the Use of Alcohol and All Circumstances:

I acknowledge and agree that:

  1. Alcohol Consumption: LROC strictly prohibits the consumption of alcohol by customers during activities and events, including but not limited to kayaking, canoeing, biking, and guided tours. I understand that consuming alcohol before participating in these activities may impair my judgment, coordination, and reaction time, thereby increasing the risk of accidents, injuries, or property damage.
  2. Assault and Battery: I agree not to engage in any form of assault, battery, verbal abuse, or other inappropriate behavior towards LROC's staff, other participants, or any third parties during my participation in activities organized by LROC or while on LROC's owned or leased property. I understand that such behavior will result in immediate termination of my participation and legal consequences.
  3. Injury and Property Damage: I understand and acknowledge the inherent risks associated with outdoor activities, including but not limited to kayaking, canoeing, biking, and guided tours. I am aware that these activities involve the risk of personal injury, illness, or death, as well as property damage. I accept and assume all risks, including those arising from the negligence of LROC, its employees, or agents.
  4. Indemnification: I agree to indemnify and hold harmless LROC, its owners, officers, directors, employees, agents, and affiliates from any and all claims, liabilities, damages, expenses, or losses arising out of or related to my participation in activities organized by LROC, including but not limited to any claims for personal injury, property damage, or wrongful death. 

By signing below, I acknowledge that I have read, understood, and voluntarily agree to the terms and conditions outlined in this section regarding alcohol consumption, assault and battery, injury, and property damage.

Waiver of Liability Relating to Coronavirus/COVID-19

The novel coronavirus (“COVID-19”) has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious and is believed to spread mainly from person-to-person contact. As a result, federal, state, and local governments and federal and state health agencies recommend social distancing and have, in many locations, prohibited the congregation of groups of people. Lost River Outdoor Center has put in place preventative measures to reduce the spread of COVID-19; however, we cannot guarantee that you will not become infected with COVID-19. Further, attending any program or activity at Lost River Outdoor Center could increase your risk of contracting COVID-19.

By signing this agreement, I acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that I may be exposed to or infected by COVID-19 while participating in activities at Lost River Outdoor Center, and that such exposure or infection may result in personal injury, illness, permanent disability, and death. I understand that the risk of becoming exposed to or infected by COVID-19 at Lost River Outdoor Center may result from the actions, omissions, or negligence of myself and others, including, but not limited to, Lost River Outdoor Center employees, volunteers, and program participants and their families. 

I voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to myself (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind, (“Claims”) that I may experience or incur in connection with my attendance at Lost River Outdoor Center. On my behalf, I hereby release, covenant not to sue, discharge, and hold harmless Lost River Outdoor Center, its employees, agents, and representatives, of and from all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto. I understand and agree that this release includes any Claims based on the actions, omissions, or negligence of Lost River Outdoor Center, its employees, agents, and representatives, whether a COVID-19 infection occurs before, during, or after attending any Lost River Outdoor Center program or activity.

 



First Participants Name

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Second Participants Name

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Second Participants Date of Birth*
Third Participants Name

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Fourth Participants Name

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Fifth Participants Name

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Sixth Participants Name

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Seventh Participants Name

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Eighth Participants Name

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Eighth Participants Date of Birth*
Ninth Participants Name

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Ninth Participants Date of Birth*
Tenth Participants Name

First Name*

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Tenth Participants Date of Birth*
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Your signed waiver will be sent to the email address provided here and is available for download for three days via URL attachment.
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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. NOTICE TO THE MINOR CHILD’S NATURAL GUARDIAN READ THIS FORM COMPLETELY AND CAREFULLY. YOU ARE AGREEING TO LET YOUR MINOR CHILD ENGAGE IN A POTENTIALLY DANGEROUS ACTIVITY. YOU ARE AGREEING THAT, EVEN IF LOST RIVER OUTDOOR CENTER USES REASONABLE CARE IN PROVIDING THIS ACTIVITY, THERE IS A CHANCE YOUR CHILD MAY BE SERIOUSLY INJURED OR KILLED BY PARTICIPATING IN THIS ACTIVITY BECAUSE THERE ARE CERTAIN DANGERS INHERENT IN THE ACTIVITY WHICH CANNOT BE AVOIDED OR ELIMINATED. BY SIGNING THIS FORM YOU ARE GIVING UP YOUR CHILD’S RIGHT AND YOUR RIGHT TO RECOVER FROM LOST RIVER OUTDOOR CENTER. IN A LAWSUIT FOR ANY PERSONAL INJURY, INCLUDING DEATH, TO YOUR CHILD OR ANY PROPERTY DAMAGE THAT RESULTS FROM THE RISKS THAT ARE A NATURAL PART OF THE ACTIVITY. YOU HAVE THE RIGHT TO REFUSE TO SIGN THIS FORM, AND LOST RIVER OUTDOOR CENTER HAS THE RIGHT TO REFUSE TO LET YOUR CHILD PARTICIPATE IF YOU DO NOT SIGN THIS FORM. EFFECT OF FLORIDA LAW UPON ABILITY TO WAIVE CLAIMS BY MINOR CHILDREN This supplemental waiver for minor children does not waive your minor child’s ability to recover against the Released for injuries, damages, or other loss occurring to the minor child, brought on behalf of the minor child by either you as natural guardian, personal representative, or guardian ad litem based on the negligence of the Released. By initialing this section and signing the waiver below, you are knowingly and voluntarily agreeing, and expressly acknowledging, that you have read the statement above regarding the waiver of your ability, as well as that of your minor child or his/her representative, to recover against the Released for any PERSONAL INJURY, INCLUDING DEATH, TO YOUR CHILD OR ANY PROPERTY DAMAGE THAT RESULTS FROM THE RISKS THAT ARE A NATURAL PART OF THE ACTIVITY. As provided by Fla. Stat. §744.301(3)(b) (2018), the term natural risk or otherwise construed as an “inherent risk” of the activity means those dangers or conditions, known or unknown, which are characteristic of, intrinsic to, or an integral part of the activity and which are not eliminated even if the activity provider acts with due care in a reasonably prudent manner. The term includes, but is not limited to the failure by the activity provider to warn the natural guardian or minor child of an inherent risk; and the risk that the minor child or another participant in the activity may act in a negligent or intentional manner and contribute to the injury or death of the minor child. The scope of this supplemental waiver shall be coextensive with that of the Adult Participant Waiver to the fullest extent allowed by state law. I understand that my minor child (or children) may be photographed or videotaped. To the fullest extent allowed by law, on behalf of my minor child (or children) I waive all rights of publicity or privacy or pre-approval that my child (or children) or I have for any such likeness of them and I grant to JOC and its assigns permission to copyright, use, and publish (including by electronic means) such likeness of my child (or children), whether in whole or part, in any form, without restrictions, and for any purpose. NATURAL GUARDIAN’S ACKNOWLEDGEMENT OF LIMITED RELEASE ON BEHALF OF MINOR CHILD Your signature below reflects your express assent to be bound to the terms of this supplemental agreement for your minor child. Your signature also represents your attestation to being the natural guardian of the minor child(ren) listed below, and possessing the legal authority to sign this agreement on their behalf. Please carefully review each section again and ensure that you fully understand the implications of this agreement. PARENTAL CONSENT: I am the minor’s parent or guardian named above and I understand the nature of the Waiver of Liability above and verify and consent to the minor attending Lost River Outdoor Center, On the minor’s behalf, I hereby release, covenant not to sue, discharge, and hold harmless Lost River Outdoor Center, its employees, agents, and representatives, of and from the Claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto. On behalf of the minor, I understand and agree that this release includes any Claims based on the actions, omissions, or negligence of Lost RIver Outdoor Center, its employees, agents, and representatives, whether a COVID-19 infection occurs before, during, or after attending in any Lost River Outdoor Center program or activity.






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.
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 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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