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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 rental equipment. Violation of any of

the terms of this agreement may result in revocation of the rental without reimbursement of fees already

paid.

 

This is a rental agreement and not a sales contract. The terms of this agreement apply to all of the

equipment indicated below. Equipment shall only be used in a careful and proper manner and shall not be

used in any way that is inconsistent with Lessor’s 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.

 

The undersigned has had an opportunity to inspect the rental 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. Any delay in return may be charged additional rental rate regardless of

whether the equipment is being used during this time or not.

 

The undersigned agrees to not use any of the rental equipment 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.

 

Assumption of Risk. The undersigned further acknowledges that the use of the equipment is associated

with potential risks and hazards. 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. BLUE HEART KAYAKING, LLC. DOES NOT PROVIDE INSURANCE.

 

Release of Liability. Accordingly, the undersigned acknowledges that neither Blue Heart Kayaking, LLC.

nor any owner, agent, employee, or contractor of theirs is responsible for any personal injury (whether

mental, physical, medical or emotional) or property loss or damage (including but not limited to medical

expenses, economic losses, and theft) suffered by the undersigned, nor the undersigned’s heirs, assignees,

agents, or authorized users, while using the equipment, and therefore Blue Heart Kayaking, LLC. and all

such persons are hereby unconditionally and irrevocably released from any and all liability for any such injuries or damages,

regardless what was or may have been the cause of such injury, loss or damage, unless

it was caused willfully, intentionally, maliciously, or with reckless disregard for the safety of others by an

employee or agent of Blue Heart Kayaking, LLC. This release applies whether or not such injury, loss or

damage results from any ordinary negligence of Blue Heart Kayaking, LLC., or any of its managers, agents,

employees, contractors, customers, guests, or any other person or entity.

 

Indemnification. Further, the undersigned agrees unconditionally and irrevocably to indemnify, defend,

and hold harmless Blue Heart Kayaking, LLC. and all of their owners, managers, agents, employees, and

contractors, (the “released parties”), from and against any and all claims, demands, actions or causes of

action, whether known or unknown, arising out of or relating to his/her use of the equipment, or while on

their premises, including claims of ordinary negligence, but excluding damages caused willfully,

intentionally, maliciously, or with reckless disregard for the safety of others by an employee or agent.

Furthermore, the undersigned hereby agrees to indemnify, defend, and hold harmless the released parties

from and against any and all claims, demands, actions or causes of action by third parties for damages

arising out of any act or omission of mine.

 

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.

 

First Participant's Name

First Name*

Middle Name

Last Name*

Phone*
First Participant's Date of Birth*
First Participant's Signature*
Second Participant's Name

First Name*

Middle Name

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

First Name*

Middle Name

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

First Name*

Middle Name

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

First Name*

Middle Name

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

First Name*

Middle Name

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

First Name*

Middle Name

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

First Name*

Middle Name

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

First Name*

Middle Name

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

First Name*

Middle Name

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

Email
A signed copy of this waiver will be sent to the email address you provide.
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*

Middle Name

Last Name*

Phone*
Parent or Guardian's 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.


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