Loading...

RENTAL AGREEMENT AND

LIABILITY RELEASE AND WAIVER

BLUE HEART KAYAKING, LLC., (“Lessor”)

The undersigned hereby warrants that he/she is at least 18 years old and capable of understanding the terms of this Agreement and the risks associated with using the Equipment and being on the Property. Violation of any of the terms of this Agreement may result in revocation of the rental without reimbursement of fees already paid. Your presence on the Property and use of Equipment is conditioned upon this Agreement.  

ACKNOWLEDGMENT OF RISK: The undersigned understands and acknowledges that participating in, or being present at, any activity located on or about 4820 N. 1100 E., Buhl, ID 83316 (“Property”), or any other property utilized by Blue Heart Kayaking LLC, including but not limited to 18734 U.S. Highway 30, Hagerman, ID 83332 (“Property”), or use of any item that may be found upon the Property (including but not limited to ramps, chairs, docks, ladders, etc.) as well as those items that are for rent or for transportation (“Equipment”), including vehicles (“Equipment”), entails both known and unanticipated risks. The terms of this Agreement apply to all of the Property, including any items upon the Property, and Equipment. The undersigned certifies that he/she has knowledge of the voluntarily assumed risks; am in good health; and have no physical or mental limitations that would preclude safe participation. As is the case with any physical activity or use of equipment, the risk of injury, whether mental, physical, medical, or emotional, including serious or disabling injury or death, and consequential financial loss, is always present and cannot be entirely eliminated. Therefore, understanding these risks and dangers, the undersigned voluntarily accept such risks, and expressly assumes full responsibility for any and all injuries or damages which may occur through use of the Equipment, or presence on the Property. BLUE HEART KAYAKING LLC DOES NOT PROVIDE INSURANCE. 

NO DRUGS OR ALCOHOL: The undersigned agrees to not use any of the Equipment, or be present upon the Property, while under the influence of any alcohol or illicit drugs. Furthermore, the undersigned warrants that he/she is not suffering from any physical, medical, mental, or emotional conditions that may impair his/her ability to safely use the Equipment. 

RENTAL TERMS: This is a rental Agreement and not a sales contract. Equipment shall only be used in a careful and proper manner and shall not be used in any way that is inconsistent with staff instructions. The undersigned shall not permit the Equipment to be used by any person who is not authorized to use such Equipment, operate, or use the Equipment, or permit it to be operated or used in violation of law, or operate, use, maintain or store the Equipment in a manner likely to cause damage to the Equipment. 

INSPECTION/RETURN/DAMAGES: The undersigned has had an opportunity to inspect the Equipment and found that such Equipment is in good working order. The undersigned agrees to return the Equipment in as good of condition as when he/she received it, minus normal wear and tear. The undersigned agrees that he/she will pay all accrued costs due to lost, stolen, or damaged Equipment. Such costs may include the cost of repair or replacement, time and effort in retrieving the Equipment if not returned, and the reasonable loss of income due to loss of use. The undersigned agrees to provide valid credit/debit card information and that such information may be charged when such costs become due. All Equipment shall be returned at the time designated within this Agreement, or a time designated by Blue Heart Kayaking LLC. Any delay in return may be charged additional rental rate regardless of whether the Equipment is being used during this time or not.

Waiver/Release/Discharge/Indemnification/ Covenant Not to Sue: To the fullest extent permitted by law, and in consideration for being allowed to participate, the undersigned does irrevocably, personally and for his or her heirs, assigns and legal representatives (“Releasing Parties”) hereby agree to hold harmless, release, and covenant not to sue Blue Heart Kayaking LLC and their respective agents, representatives, heirs and assigns (“Released Parties”) for any injuries (whether mental, physical, medical or emotional) or losses (including but not limited to medical expenses, economic losses, and theft) resulting from, arising out of or in any way connected with his/her participation on the Property, or use of Equipment, whether caused by the negligence of the Released Parties or otherwise. The undersigned further agrees to defend and indemnify the Released Parties and each of them from any claims, demands, actions, damages, costs, fees, or expenses arising out of losses suffered by or caused by him/her that are brought now or in the future by the Releasing Parties or any of them, or by a third party, resulting from, arising out of or in any way connected with his/her participation on the Property, or use of Equipment, whether caused by the negligence of the Released Parties or otherwise. The undersigned further states and affirms that he/she specifically understands that the undersigned, on behalf of him/her, and his or her heirs, assigns and legal representatives, am waiving and forever releasing and discharging the Released Parties from any and all past, present or future claims, demands, and causes of action which the undersigned now has or may in the future have for any injuries or losses resulting from, arising out of or in any way connected with his/her participation on the Property, or use of Equipment, whether caused by the negligence of the Released Parties or otherwise. 


OTHER: The undersigned further agrees that this document shall by construed in accordance with the laws of the State of Idaho. The venue of any dispute shall be in Twin Falls County, Idaho. If for any reason any provision hereof shall be determined to be invalid or unenforceable, the validity and effect of the other provisions hereof shall not be affected thereby. This written Agreement constitutes the entire agreement of the parties, and there are no verbal promises, implied promises, agreements, stipulations, representations or warranties of any character or kind except those set forth herein. In the event any provision of this Agreement is held by a court or other tribunal of competent jurisdiction to be unenforceable, that provision will be enforced to the maximum extent permissible under applicable law, and the other provisions of this Agreement will remain in full force and effect. The parties further agree that in the event such provision is an essential part of this Agreement, they will begin negotiations for a suitable replacement provision. In any lawsuit or legal proceeding between the parties related to this Agreement, the prevailing party shall be entitled to a reasonable attorney's fee, expenses, and costs of the action. 

THIS IS A LEGALLY BINDING AGREEMENT. BY SIGNING THIS AGREEMENT, YOU GIVE UP THE RIGHT TO BRING A COURT ACTION TO RECOVER COMPENSATION OR ANY OTHER REMEDY FOR INJURIES OR DEATH TO YOURSELF OR TO YOUR PROPERTY, ARISING OUT OF OR IN ANY W AY CONNECTED W ITH YOUR PARTICIPATION ON THE PROPERTY, OR USE OF EQUIPMENT, WHETHER CAUSED BY THE NEGLIGENCE OF THE RELEASED PARTIES OR OTHERWISE. 

The undersigned has read and voluntarily signs this Agreement. This Agreement waives important legal rights. Read it carefully before signing. Your signature indicates that you understand and agree to its terms.


Today's Date: July 17, 2025

 

First Participant's Name
First Name*
Last Name*
Phone*
First Participant's Date of Birth*
Date of Birth
First Participant's Signature*
Second Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Third Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Fourth Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Fifth Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Sixth Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Seventh Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Eighth Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Ninth Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
Tenth Participant's Name
First Name*
Last Name*
Participant's Date of Birth*
Date of Birth
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.
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 Date of Birth*
Date of Birth
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.


One or more problems exist. Please scroll up.




Powered by  Smartwaiver - TRY IT FREE!