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. |
|
Other items: |
|
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.
______________________________________________________________________________
NAME (PRINTED)
AGE
DATE
______________________________________________________________________________
SIGNATURE
______________________________________________________________________________
STREET ADDRESS
______________________________________________________________________________
CITY
STATE
ZIP
______________________________________________________________________________
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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