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Packraft Rocky

RENTAL WAIVER AND RELEASE OF LIABILITY

In consideration of the services of Packraft Rocky LLC, their officers, agents, employees, volunteers and stockholders, and all other persons or entities associated with those businesses (hereafter collectively referred to as “Packraft Rocky”) I agree as follows: 

Although Packraft Rocky has taken reasonable steps to provide me with well-maintained and safe equipment, Packraft Rocky has informed me that packrafting is not without certain known and unknown risks. Certain risks are inherent in this activity and cannot be eliminated without destroying the unique character of the activity. These inherent risks can be the cause of loss or damage to equipment, accidental injury to participants, drowning, illness, or in extreme cases, permanent injury or death. Packraft Rocky does not want to frighten me or reduce my enthusiasm for this activity, but believes it is important for me to know in advance what to expect and to be informed of the inherent risks. The following describes some, but not all, of the risks: 

[Off-trail hiking, rugged terrain and the hazards of walking on uneven terrain; slips and falls; river crossings and drowning; wild animal encounters and the risk of exposure to insect bites and tick-borne diseases; scrambling, loose talus and rocks, and the risks of being struck by rockfall, icefall or other objects dislodged or thrown from above; standing dead trees; forces of nature, including exposure to unpredictable weather, lightning and avalanches; extreme isolation and remoteness; cliffs and the risks of falling off rocks, mountains or into crevasses; the risks of altitude and cold, including hypothermia, frostbite, acute mountain sickness, and high altitude cerebral and pulmonary edema; loss of control and equipment malfunction; other man-made and natural obstacles; your own physical condition and the physical exertion association with this activity; water conditions that may change quickly, including waves, currents and cold water temperature; difficult terrain or walking conditions along the shore, including mud, slippery rocks, and steep slopes; injury to participant’s finger, hand, arm, torso, or head due to striking parts of rental equipment or being struck by other objects while packrafting; entrapment or being crushed while in packraft; collisions with motorized (including fishing vessels and recreational boats) or non-motorized boats (including kayaks, paddles, and equipment) and with natural or man-made objects in the water such as trees and rocks, docks, buoys, driftwood and other debris; exposure to polluted or contaminated water; falling, capsizing or being flipped into the water, including when entering or exiting packrafts; and failure to follow safety guidelines, including wearing appropriate foot gear and a personal floatation device.]

I am aware that the activity of packrafting with rental equipment provided by Packraft Rocky entails risks of injury or death to any participant. I understand the description of these inherent risks is not complete and that other unknown or unanticipated inherent risks may result in injury or death. I agree to assume and accept full responsibility for the inherent risks identified herein and those inherent risks not specifically identified. My participation in this activity is purely voluntary; no one is forcing me to participate, and I elect to use Packraft Rocky rental equipment and participate in spite of and with full knowledge of the inherent risks.

I acknowledge that engaging in packrafting with rental equipment from Packraft Rocky may require a degree of skill and knowledge different from other activities and that I have responsibilities as a participant. I acknowledge that the staff of Packraft Rocky have been available to more fully explain to me the nature and physical demands associated with using their rental equipment and the inherent risks, hazards, and dangers associated with packrafting. I have received all requested instructions in the use of the rented equipment and have received satisfactory answers to any questions regarding the use and function of the rented equipment. I agree that I have the adequate skills, knowledge and experience to safely complete the planned activity. I acknowledge that I am solely responsible for the safety and good operating condition of rented equipment from the time I accept it until the rented equipment is returned and accepted by Packraft Rocky.

Packraft Rocky has made no representations concerning my ability to safely use the rented equipment and has made no recommendations concerning the appropriateness of my proposed trip plan. I understand that I am solely and fully responsible for the selection of my proposed trip plan, including its appropriateness for my level of packrafting skill and experience.

I agree to obey all state, federal and local boating regulations, laws, ordinances and lawful directives from appropriate emergency or law enforcement personnel, while operating rental equipment from Packraft Rocky. I agree that I am solely responsible for any citation or violation occurring during the use of, or as the result of using, Packraft Rocky rental equipment.

I specifically recognize there are risks involved in transporting rented equipment to and from Packraft Rocky pickup and drop-off locations. I accept any and all risks of injury and damage to the rented equipment, to property belonging to myself and to others, and to myself and others personally, which risks are related to transporting the rented equipment. These risks include, but are not limited to, the rented equipment coming loose from the vehicle while in motion.

I shall bear all risk and responsibility of and for any and all damage, loss or theft of the rental equipment, or any portions thereof, including, but not limited to vandalism or theft, and shall pay Packraft Rocky the full cost of repair or replacement plus the cost of any revenue lost while equipment is repaired or replaced.

I shall return rental equipment in the condition in which it was received. Charges for repairs, labor, and cleaning will be applied in the event rental equipment requires repair or excessive cleaning. I agree to use all equipment for its designed purpose only. I will not permit others to use the rented equipment unless specifically authorized in writing by Packraft Rocky.

I acknowledge that personal floatation devices (PFD) are made available and that all renters are required to wear PFD's while using rental equipment. I understand that use of a PFD does not remove all risks of injury; nor does PFD use make the activity safe.

I hereby voluntarily release and forever discharge Packraft Rocky from any and all liability, claims, demands, attorney fees, actions or rights of actions, which are related to, arise out of, or are in any way connected with my participation in this activity and with the use of this rental equipment including specifically but not limited to negligent acts or omissions of Packraft Rocky, for any and all bodily injury, death, illness, or damage to myself, to my property, or to others.

If I, or anyone on my behalf, files a lawsuit or otherwise makes a claim against Packraft Rocky, which is unsuccessful for any reason, I agree to indemnify Packraft Rocky and pay all damages, costs, fees, expenses and attorneys’ fees incurred by Packraft Rocky defending such lawsuit or such claims. Should Packraft Rocky or anyone acting on its behalf, be required to incur attorneys’ fees and costs to enforce this agreement, I agree to indemnify and hold harmless for all such fees and costs.

I agree that the interpretation of this agreement or of any other aspect of my relationship with Packraft Rocky shall be governed by the laws of the State of Colorado and that any legal action shall only be brought in Larimer County, Colorado. I hereby waive the right to trial by jury. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining portion shall remain in full force and effect.

I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating in packrafting with rental equipment from Packraft Rocky, or else I agree to bear the costs of such injury or damage myself. I further certify that I am willing to assume the risk of any medical or physical condition I may have.

I certify that I am fully capable of participating in this activity. Therefore, I assume and accept full responsibility for myself, including all minor children in my care, custody, and control, for bodily injury, death, or loss of personal property and expenses as a result of those inherent risks and dangers identified herein and those inherent risks and dangers not specifically identified, and as a result of my negligence in participating in this activity.

I have carefully read, clearly understood, and accepted the terms and conditions stated herein and acknowledge that this agreement shall be effective and binding upon me, my heirs, assigns, personal representative, and estate and for all members of my family, including minor children.

First Participant's Name

First Name*

Last Name*

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

First Name*

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

First Name*

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

First Name*

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

First Name*

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

First Name*

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

First Name*

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

First Name*

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

First Name*

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

First Name*

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

Email*
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Participant's Address
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Street address, P.O. box, company name, c/o
Address Line 2:
Apartment, suite, unit, building, floor, etc.
Country:*
City:*
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Zip/Postal:*
Emergency Contact

First Name*

Last Name*

Emergency Contact's Phone Number*
Parent or Guardian's Driver's License / ID Card

Driver's License / ID Card Number*

Issuing State*
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*

Relationship*

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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