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Trusty Waiver and Release of Liability and Rental Agreement

Please carefully read the agreement in full and seek legal counsel prior to signing, if desired. This contract is intended to be legally binding and your signature indicates your agreement with all the terms and conditions stated herein.

Whereas, Trusty Watersports LLC, a corporation organized and existing under the laws of the state of North Carolina, with its principal office located at 107 Quail Run, Newport, North Carolina 28570, referred to herein \as the “Company” has arranged for you to rent the following described property (each item being hereinafter referred to as the “Equipment”):

  • kayak
  • paddleboard
  • sailing dinghy

Whereas, all persons renting or using the rented item are required to sign and agree to the terms of this agreement prior to rental of the “Equipment”; 

Now, therefore, for and in consideration of the mutual covenants contained in this agreement, as an express condition to your rental or use of the “Equipment”, the undersigned hereby agrees to the following:

1.    The undersigned is aware that participation in watersports such as kayaking, paddleboarding and dinghy sailing and the use of the “Equipment” in watersports activities is dangerous and involves the risk of injury or death.  The undersigned is also aware there is risk of negligence by the “Company” or agents of the “Company”, including failure by the “Company” or agents of the “Company” to safeguard me from or protect me from or warn me of the risks, dangers, and hazards in the participation of watersports activities using the “Equipment”. I freely accept and fully assume all risks, dangers, hazards associated with the renting of the “Equipment”, described above, to participate in watersports activities despite the possibility of loss of personal property, mental and/or emotional anguish, personal injury or death resulting therefrom. These risks may include property damage and/or loss, personal injury and death which may result in part from turbulence, tides and currents, weather conditions, mechanical or equipment malfunctions, watersports accidents, risk of drowning, water, reefs, rocks, shoals, oysters, wildlife, barnacles, marine debris, fellow boaters, docks and piers or any other accidents. THE UNDERSIGNED, AFTER CAREFUL CONSIDERATION, EXPRESSLY ASSUMES THESE RISKS AND AGREES TO RELEASE THE COMPANY AND ITS DIRECTORS, OFFICERS, AND EMPLOYEES FROM ANY ALL LIABILITY ASSOCIATED WITH THESE RISKS. 

2.    The undersigned hereby agrees to indemnify and hold the Company and its officers, directors, agents and/or employees harmless from any and all liability for any property damage or personal injury to any third party resulting from use of the Equipment in watersports activities.

3.    The undersigned hereby WAIVES AND RELEASES ANY AND ALL CLAIMS AND DEMANDS OF ANY NATURE INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, PERSONAL INJURY, DEATH OR OTHERWISE, WHETHER OR NOT IMMEDIATELY APPARENT, which the undersigned may now and forever have against the Company and/or its officers, directors agents and/or employees resulting directly or indirectly from the use of the “Equipment” in any manner whatsoever including, but not limited to, the use of the “Equipment” in watersports activities.

4.    The undersigned hereby acknowledges that he/she is RESPONSIBLE FOR THEIR OWN SUITABILITY TO THE USE OF THE “EQUIPMENT” IN WATERSPORTS AND IS HEREBY STRONGLY ENCOURAGED TO CONSULT A PHYSICIAN PRIOR TO PARTICIPATION IN WATERSPORTS ACTIVITIES WITH SAID “EQUIPMENT” SHOULD THEY HAVE SUCH AS, BUT NOT LIMITED TO, PREGNANCY, OR PHYSICAL IMPAIRMENT; INCLUDING BUT NOT LIMITED TO SWIMMING ABILITY IN ALL THE BODIES OF WATER WITHIN AND SURROUNDING CARTERET, PAMLICO, CRAVEN, AND ONSLOW COUNTIES IN THE STATE OF NORTH CAROLINA. VENTURING BEYOND INSHORE WATERS WITH THE “EQUIPMENT” FOR WATERSPORTS ACTIVITIES IS EXPRESSLY PROHBITED.

5.    When engaging in the rental or use of the “Equipment” I agree to accept all responsibility to maintain the condition and whereabouts of all the “Equipment” rented for the ENTIRE rental period and to pay all repair and/or replacement costs for any item of “Equipment” that is damaged or stolen during the rental period.

6.    This waiver and release of liability agreement shall be governed and constructed by the laws of the state of North Carolina.

7.    If any provision of this waiver and release of liability agreement shall be held unenforceable or void it shall be servable from the remaining provisions and shall not effect their subsequent enforceability or validity.

8.    THE “COMPANY” IS NOT THE MANUFACTURER OF THE “EQUIPMENT” AND MAKES NO WARRANTY, EXPRESSED OR IMPLIED, REGARDING THE FITNESS, MERCHANTABILITY, DESIGN CONDITION, CAPACITY PERFORMANCE, OR ANY OTHER ASPECT OF THE EQUIPMENT OR ITS MATERIAL OR WORKMANSHIP. The “Company” further disclaims any liability for loss, damage, or injury to the undersigned or third parties as a result of any defects, latent or otherwise, in the “Equipment” whether arising from the “Company’s” negligence or application of the laws of strict liability. The undersigned hearby leases the “Equipment” “AS-IS” and on “all faults” basis.

9.    By signing below, the undersigned (or if the undersigned is under the legal age of 18, the legal guardian of the undersigned) has read, carefully considered, and expressly agreed to all the terms and conditions stated in this waiver and release of liability agreement as of the date written below. This waiver and release of liability agreement shall be effective and binding upon my heirs, next-of-kin, executors, administrators, assigns and representatives, in the event of my death or incapacity.

Date of signing: November 23, 2024

Signature of Customer:


First Customer's Name

First Name*

Last Name*
First Customer's Age Acknowledgment*
First Customer's Date of Birth*
I certify that I am 18 years of age or older
First Customer's Signature*
Second Customer's Name

First Name*

Last Name*
Second Customer's Date of Birth*
Third Customer's Name

First Name*

Last Name*
Third Customer's Date of Birth*
Fourth Customer's Name

First Name*

Last Name*
Fourth Customer's Date of Birth*
Fifth Customer's Name

First Name*

Last Name*
Fifth Customer's Date of Birth*
Sixth Customer's Name

First Name*

Last Name*
Sixth Customer's Date of Birth*
Seventh Customer's Name

First Name*

Last Name*
Seventh Customer's Date of Birth*
Eighth Customer's Name

First Name*

Last Name*
Eighth Customer's Date of Birth*
Ninth Customer's Name

First Name*

Last Name*
Ninth Customer's Date of Birth*
Tenth Customer's Name

First Name*

Last Name*
Tenth Customer's Date of Birth*
Parent or Guardian's Email Address

Email*

Confirm Email*
Check to receive information, news, and discounts by e-mail.
Rental Information
Equipment being rented: *
kayak
paddleboard
sailing dinghy
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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