Rental Equipment Waiver of Liability and Rental Agreement I hereby agree that by renting this kayak(s) and equipment that I accept liability for any damages or injury that may occur while using any of the equipment regardless of its condition when rented from Downstream Kayak Rentals & Delivery LLC. By signing this agreement, I understand that I am waiving my right to bring a court action to recover compensation or to obtain any other remedy for any injury to myself, my property, or my death, however caused, arising out of my use of any equipment belonging to Downstream Kayak Rentals & Delivery LLC.
I understand that there is an inherent risk associated with water sports. I acknowledge that I have the necessary skills to use the above equipment properly. I also acknowledge that I will use the equipment in a safe manner that is not contrary to recommended use or manufacturer’s standards. I am aware of hazards associated with the use of outdoor equipment, including, but not limited to physical and emotional injury, paralysis, death or damage to myself, to property, or to third parties. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity.
I understand that equipment and safety devices are provided for my use (such as a life jacket, etc.). I agree that I will be solely responsible for proper use of safety and other equipment and procedures. It is my responsibility to inspect all equipment, including but not limited to, the life jackets, kayaks and oars I intend to use. I, the undersigned user or guardian of user HEREBY RELEASE on behalf of myself, my heirs, representatives, successors, executors, and administrators Downstream Kayak Rentals & Delivery LLC, its officers, agents, and employees from any cause of action, claims, or demands of any nature whatsoever including, but not limited to, a claim of negligence. I expressly agree and promise to accept and assume all of the risks existing in this activity. My participation in the activity is purely voluntary and I elect to participate in spite of the risks. I agree to hold harmless and/or indemnify and defend Downstream Kayak Rentals & Delivery LLC and their officers, agents, servants, and employees from all liability, costs or expenses resulting from accidents or injury to -or for the death of – any person or property directly or indirectly arising from my use or my permission express or implied, to use the rental equipment.
I also agree that if I damage, loose, or misplace any item(s) I rent from Downstream Kayak Rentals & Delivery LLC that I will pay for these losses or damages according to prices listed later on this form. I agree that if Downstream Kayak Rentals & Delivery LLC incurs any costs associated with recovery of payment for damages or losses that I will reimburse or pay Downstream Kayak Rentals & Delivery LLC for these costs as well as the cost of the damages or lost items. (Ex. bent paddles, damaged kayaks or damaged/lost life jackets) I understand and agree that I am fully responsible for any damage to the product or loss during the time it is checked out to me and if damage or loss occurs, I authorize Downstream Kayak Rentals & Delivery LLC to charge the cost of replacement or repair to my credit card.
It is solely the discretion of Downstream Kayak Rentals & Delivery LLC to determine if damaged equipment will be repaired or replaced at the renter’s expense.
I also agree not to use, nor permit the use: a. of the rental equipment for any unlawful purpose; b. of equipment in a careless or negligent manner; c. of equipment while under the influence of alcohol and/or narcotics; d. of equipment by any other person not the signatory of this agreement or contemplated by this agreement. If you cancel your rental appointment 48 hours or more prior to the appointment day, a full refund will be issued. If the appointment is cancelled less than 48 hours prior to the appointment date, a partial (50%) refund will be issued. No-show and/or no-call participants will be charged full price. This includes showing up with less paddlers than the original amount booked for.
Downstream Kayak Rentals & Delivery LLC will not launch in unsafe weather conditions. Because of this, trips may need to be cancelled or rescheduled due to safety issues. If this is the case, your reservation will be refunded in full.
Cancellations must be done by phone if less than 72 hours prior to appointment date. We accept email cancellations as long as they are at least 4 days prior to the scheduled day. You will receive a reply once your trip has been cancelled.
We also reserve the right to change or cancel any tours due to circumstances beyond our control. In this instance, Downstream Kayak Rentals & Delivery LLC can refund the reservation price, not any other expenses that may have been incurred
By signing below, I attest that I have read, understood and agreed to these conditions. My signature further indicates that all information provided on the rental sheet is true and correct.
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