READ CAREFULLY

 

RENTER’S ACCEPTANCE OF RESPONSIBILITY, RELEASE OF LIABILITY, AND CONTRACT

 

In consideration of Canoe the New Outfitters, LLC furnishing services and/or equipment to enable me to participate in canoeing, kayaking, rafting, tubing, guided fishing trips, meals, camping, and any other activities offered by Canoe the New Outfitters, LLC, I agree as follows:

 

I fully understand and acknowledge that outdoor recreational activities have:  (a) inherent risks, dangers and hazards and such exists in my use of Canoe the New Outfitters, LLC equipment and my participation in Canoe the New Outfitters, LLC activities; (b) my participation in such activities and/or use of such equipment may result in injury or illness including, but not limited to bodily serious injury, disease, strains, fractures, partial and/or total paralysis, death or other ailments that could cause serious disability; (c) these risks and dangers may be caused by the negligence of the owners, employees, officers or agents of Canoe the New Outfitters, LLC; the negligence of the participants, the negligence of others, accidents, breaches of contract, the forces of nature or other causes.  Risks and dangers may arise from foreseeable or unforeseeable causes including, but not limited to, map, video, trip descriptions that may misjudge terrain, weather, trail or river route location, and water level, risks of falling out of or drowning while in a raft, canoe, tube, or kayak and such other risks, hazards and dangers that are integral to recreational, meal, and camping activities and/or use of equipment, I hereby assume all risks and dangers and all responsibilities for any losses and/or damages, whether caused in whole or in part by the negligence or other conduct of the owners, agents, officers, or employees of Canoe the New Outfitters, LLC, or by any other person.

 

I, on behalf of myself, my personal representatives, any minors in my group, and my heirs herby voluntarily agree to release, waive, discharge, hold harmless, defend and indemnify Canoe the New Outfitters, LLC and its owners, agents, officers and employees from any and all claims, actions or losses for bodily injury, property damage, wrongful death, loss of services or otherwise which may arise out of my use of Canoe the New Outfitters, LLC equipment or my participation in Canoe the New Outfitters, LLC activities.  I specifically understand that I am releasing, discharging and waiving any claims or actions that I may have presently or in the future for the negligent acts or other conduct by the owners, agents, officers or employees of Canoe the New Outfitters, LLC.

 

In consideration of the obligations hereinafter set forth, I hereby assume all legal and monetary responsibilities and risk for all property hired or on loan from Canoe the Outfitters, LLC, hereinafter “Canoe the New,” its employees, or agents, as a result of our use, transport, and/or possession of equipment of any kind or description whatsoever.

 

I hereby agree to return all equipment at the mutually set time, date, and location in the same condition as when received. All unreturned or abandoned items will be considered lost and paid for at that time. I further agree that the boat will be taken only on the waters agreed to prior to the trip and will pay $100.00 for each run on unauthorized water or water not a specified part of my trip in addition to any damage or recovery fees that may ensue. Life jackets will be worn at all times and not sat or knelt on. Paddles will be used only to paddle the boat and not for poling, pushing, or prying the boat off rocks or obstructions. The boat will not be dragged at anytime.

 

I agree to comply with all federal, state, and local pollution, water, camping, and fire regulations including any emergency orders from the aforementioned. I agree not to litter, trespass, abuse property, or in any way infringe upon the rights of other river users. I understand Canoe the New and its employees cooperate fully with law enforcement agencies and landowners and will not shield anyone in my group from arrest and/or prosecution for any unlawful act. I understand that the consumption of alcoholic beverages is unsafe during any type of water activity and that Canoe the New will refuse its services to intoxicated persons at any time during the trip or shuttle, to or from the river, with NO REFUNDS made. I agree to see that all minors in my group behave in accordance with this contract and in a safe and mature manner on the river, during the shuttle, and at the grounds of Canoe the New.

 

I understand that no refunds will be made due to any stream structures or weather or river conditions as found or changed at any time whatsoever.

 

I understand that the shuttle service is given to me free when I rent my boat and perform in accordance with this contract and any other instructions given me. Failure to do so will result in no shuttle. I will aid in the loading and unloading of all my personal and rented equipment and carrying it to and from the river. I understand that put-in and take-out times are mutually set and must be coordinated with other people and groups. I understand that failure to meet my pickup time will move me to the “back of the line” and mean a delay in my return shuttle.

 

I am over eighteen years old, am physically and mentally capable of participating in this activity as are all minors in my group, have read all of the above, will read the boating guide book or map description of my trip and all posted instructional material at the Canoe the New grounds, and will view the entire orientation and any appropriate videos without interruption. I understand that I will be unable to go on my trip if I miss any of the orientation or video or my shuttle to the river and that no refunds will be made. I will carefully inspect all equipment rented or loaned and acknowledge that my use of it accepts it to be in safe and satisfactory condition. I realize the very real dangers that exist in this activity and undertake it at my own risk. No one has minimized the hazards. I realize that this is a self-guided trip with no lifeguards or supervision on the river. If Canoe the New personnel do accompany me or recover my boat should it become pinned on the river, I agree not to hold them or Canoe the New liable for any injury, loss of life, and/or damages or loss of property that occurs to me, to anyone in my party, or to Canoe the New or private property.

 

I agree to report all damaged or lost items immediately at the end of my trip and pay for them at that time, plus any collection or attorney’s fees that the Canoe the New incurs through my failure to do so, according to the following schedule:

 

Boat damaged beyond repair (includes during recovery), lost, stolen, abandoned, or otherwise not returned to the pickup point

$750.00 per canoe

$500.00 per single-seat kayak

$700.00 per two-seat kayak

Damage due to dragging the boat at any time

$50.00

Broken or lost thwart (includes during recovery)

$25.00

Broken or lost seat (includes during recovery)

$40.00

Broken or lost gunwale (includes during recovery)

$95.00

Hull torn or punctured (includes during recovery)

$20.00 per inch

Hull crushed or wrinkled (includes during recovery)

$50.00

Broken or lost end cap (includes during recovery)

$30.00

Paddle lost, broken, bent, or unreturned

$25.00 single blade

$50.00 double blade

Life jacket lost or damaged, hooked by lure, sat or knelt on, or unreturned

$35.00

Boat recovery (when possible and convenient)

$30.00/man hour, $50.00 min.

Pickups after 6:00 pm

$20.00 per boat

Late Fee for Returning Equipment (boats, paddles, etc.)

$20/half hour, $40.00 min.

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The Venue of any dispute that may arise out of this agreement or otherwise between the parties to which Canoe the New Outfitters, LLC or its agents is a party shall be in the County Courts of Giles County.

 

I permit the use of any photos, slides, films, or sketches of me taken during the day’s activities for publicity, advertising, promotion or other commercial purposes.

 

I HAVE READ THE ABOVE WAIVER AND RELEASE AND CONTRACT AND BY SIGNING IT AGREE IT IS MY INTENTION TO EXEMPT AND RELIEVE CANOE THE NEW OUTFITTERS, LLC FROM LIABILTY FOR PERSONAL INJURY, PROPERTY DAMAGE OR WRONGFUL DEATH CAUSED BY NEGLIGENCE OR ANY OTHER CAUSE.

 

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NAME (PRINTED)                                                              AGE                                        DATE                                                   

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SIGNATURE

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STREET ADDRESS

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CITY                                                                                       STATE                                   ZIP

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EMAIL ADDRESS

 

EACH MEMBER OF YOUR GROUP MUST READ THE ABOVE WAIVER AND RELEASE AND CONTRACT AND BY SIGNING IT AGREE IT IS MY INTENTION TO EXEMPT AND RELIEVE CANOE THE NEW OUTFITTERS, LLC FROM LIABILTY FOR PERSONAL INJURY, PROPERTY DAMAGE OR WRONGFUL DEATH CAUSED BY NEGLIGENCE OR ANY OTHER CAUSE.

 

 

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USE BACK IF NECESSARY.