Kayak and Stand Up Paddleboard Rental Agreement

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Kerrie Foster
6 years ago
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1 Welcome to Daniel Island kayak and stand up paddleboard rentals. Participants must be 18 or older to rent a water craft. Children must be a minimum of 50lbs or 3 years of age to participate. An adult must accompany children under 18 in a tandem kayak. Maximum of 1 child per adult. Each participant must wear the provided Coast Guard Approved Perscnal Floatation Device (PFD) at all times. Your signatures below indicates your understanding that the term water activity encompasses all aspects of the activity including but not limited to: getting outfitted for the activity, maintaining, repairing, loading or unloading kayaks/paddleboards or gear, and travel to and from the place of activity. Participation is entirely voluntary. Name of Participant Home Address Address Cell Phone Emergency Contact Name/Number How did you hear about us? If you are transporting our equipment on your vehicle: Vehicle make/model License Plate # Driver s License # Acknowledgement of Assumption of Risk I understand and accept that water activities expose me to numerous known and unanticipated risks that could result in personal injury, illness, death or damage to me or my property. Some of the risks or factors include but are not lir.1ited to the following: The hazards of traveling in any water craft in rough water conditions Water hazards including trees and other obstacles, wind, currents and power boats First aid or emergency treatment that may be rendered Accidents or illness in remote places without medical facilities Becoming lost or disoriented Hiking or walking in rugged terrain including wet and slippery conditions Injuries inflicted by animals, insects, reptiles or plant The force of nature including wind driven projectiles, lightning and other weather My physical condition, the physical exertion associated with paddling and swimming in conditions of strong currents, wind and waves Carrying, loading and unloading of watercraft and other equipment

2 I agree to accept and assume all responsibility for personal injury, illness, death or damage to myself, my property or rented property arising from participation in this water activity. I choose to participate with full awareness of the risks, named and unnamed. That being said, my participation is completely voluntary. I agree to obey the rules and regulations that Daniel Island Property Owners Association has set out to ensure my safety. I agree to wear a PFD (Personal Floatation Device) at all times while participating in the water activities through Daniel Island Property Owners Association (POA). I have carefully read and understand the Acknowledgement and Assumption of Risk. I understand that if, after reading this document, I choose not to participate in the water activities, I will not be charged for participation and if I have been charged, I will receive a full refund. Participants that understand and accept full responsibility for injured persons of property please initial: Additional Fees If any rented equipment is damaged, lost, or stolen, the renter will be charged full replacement or repair costs at retail prices. Daniel Island POA reserves the right to charge an additional Yz day or full day fee for each water craft that is returned later than their expected return time. Please initial to indicate your full compliance and understanding of these terms: Release of Liability and Indemnification Agreement In consideration of Daniel Island POA s services that enable me to participate in this activity, I release and forever discharge Daniel Island POA, DICA, DIPA, and DITA and its officers, agents, employees and volunteers from any and all liability or claims for any injury, illness, death or damage to myself or my property that results out of or in any way is linked with my participation in this activity. This release and discharge specifically includes, but is not limited to liability or claims based upon negligent acts or omissions of Daniel Island POA. I hold Daniel Island POA, DICA, DIPA, and DITA harmless from all liability, actions, causes of actions, debt claims and demands of every kind of nature whatsoever which I now have or which may arise from or in connection with my participation in this activity. I further promise and agree not to sue, assert or otherwise maintain a claim against Daniel Island POA, DICA, DIPA, and DITA or its officers, agents or employees, for any injury, illness, death or damages I may sustain to myself or my property arising from or in any way are linked with this activity. Should it be necessary that an attorney be needed for Daniel Island POA or someone on Daniel Island POA s behalf, I agree to pay Daniel Island POA s reasonable costs and attorney s fees thereby expended, or for which liability is incurred.

3 Release of Liability and Indemnification Agreement (cont.) If any bodily injury or damage should occur to myself or property damage to a third party, I certify that I have sufficient health, accident, and liability insurance. If I have no such insurance, I verify that I am capable of personally paying for any and all such expenses or liability. I agree to release Daniel Island POA, DICA, DIPA, and DITA, its officers, agents, employees and volunteers for any claim, including attorney fees, costs and liability for any actions brought by or on behalf of my child or minor in my care. My signature and date below indicates that I have read and understand the detailed document in its entirety. I understand it completely and I understand that it affects my legal rights and agree to be bound by its terms. Signature of Participant Date Print Name If the participant is under the age of 18, Parent/Guardian please sign below: Signature of Parent/Guardian Date Print Name Office Use Only Equipment Rented Time Out Time In Key/Locker # Kayak/SUP # Rental Fee Damage Fee

4 Participant Release Of Liability and Assumption of Risk Agreement * * * Read Before Signing * * * Participant Name In consideration of being allowed to participate in any way in the program, related events and activities (hereafter called the Program), I the undersigned, acknowledge, appreciate, and agree that: I. The risk of injury from the activities involved in this program is significant during all phases of the activity, including the potential for permanent paralysis, disability and death. These risks include but are not limited to: Equipment failure and/or malfonction of my own or other s equipment; my own negligence and/or the negligence of others; Attack or encounter with insects, reptiles ; and/or animals; Fatigue, chill and/or dizziness which may diminish my/our reaction time and increase the risk of accident; Outdoor activitic; include but are not limited to risks of exposure to elements, excessive heat, hypothennia. impact of the body upon the water, injection of water into my body orifices, exposure to animals with the risk of them kicking, biting, shying away, running off or othenwise moving in an unanticipnted manner causing injury and/or death. I agree to wear any necessary safety equipment provided to me and recognize that failure to do so increases the potential for severe injury or denth and absolves the RELEASEES from any liability whatsoever. 2. I KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, both known and unknown, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASEES or others, and assume full responsibility for my participation in the Program. 3. I willingly agree to comply with terms and conditions for participation. If I observe any unusual significant hazard during my presence or participation, I will remove myself from participation and bring such to the attention of the nearest official inune- liately. 4. I recognize that it may be necessaiy for the (Releasees) to refuse or tenninate my participation ifl am judged to be incapable of meeting the rigors or requirements of the Program. I accept the (Releasees) right to take such actions for the safety of myselt and/or other participants. I will not engage in any activity beyond my capabilities and will not cauo;e any third pnrty to be endangered by 1L,y or my actions during the program. I warrant and represent that I am in good health and have no physical or mental limitations or problems that would affect my safe participation or the safety of others in the program and have not been advised otherwise by a qualified medical person.

5 Participant Release Of Liability and Assumption of Risk Agreement * * * Read Before Signing * * * 5. By participating in or attending any activity in connection with this program, whether on or off the premises, I consent to 1 he us,: of any photographs, pictures, film or videotape taken of me or provided by me for publicity, promotion, television, websites or any other use, and expres.c;ly waive any right of privacy, compensation, copyright or other ownership right connected to same. 6. I, for myself and on behalf of my heirs, assigns, personal representatives and next of kin, HEREBY RELEASE, INDEMNIFY, AND HOLD HARMLESS THE DANIEL ISLAND COMMUNITY ASSOCIATION. INC., its officers, officials, agents and/or employees, other participants, sponsors, advertisers, ancl, if applicable, owners and lessors of premises used to conduct thee vent (RELEASEES), from any and all claims, demands, losses, and liability arising out of or related to any INJURY, DISABILITY OR DEATH I may suffer, or loss or damage to person or property, WHETHER ARISING FROM THE NEGLIGENCE OF nm RELEASEES OR OTHERWISE, to the fullest extent permitted by law. I HAVE READ THIS RELEASE OF LIABil,ITY AND ASSUMPTION OF RISK AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND SIGN IT FREELY AND VOLUNTARILY WITHOUTANY INDUCEMENT. Signature of Participant Date FOR PARENTS/GUARDIANS OF PARTICIPANT OF MINOR AGE (UNDER AGE 18 AT TIME OF REGISTRATION) This is to certify that I, as parent/guardian with legal responsibility for this participant, do consent and agree to his/her release as provided above of all the Releasees, and, for myself, my heirs, assigns, and next of kin. l release and agree to indemnify and hold harmless the Relcasees from any and all liability incidents to my minor child s involvement or participation in these programs as provided above, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASEES, to the fullest extent pennitted by law. Parent/Guardian Signature Date Emergency Phone Number(s)

(Student Last name, First name Middle Initial).

2013-14 (Student Last name, First name Middle Initial). Consent for Field Trip (P1a) DHS Band Combined Form P1a, P1b, P1c I hereby consent for the above named student to participate in athletic team, band,