Agreement, Waiver and Release of Liability
for the use of Canoes, Kayaks, Pontoon, Jon Boat, and Related Watersports Equipment.
This is a Boat and Equipment Use Agreement between “River's Edge Boat Rental (Bryan Hamilton & Donna Nethery)", and the undersigned, herein called, “USER.” This agreement also constitutes a Waiver and Release of Liability, whereby the USER agrees to release, discharge, hold harmless, defend and indemnify River's Edge Boat Rental (Bryan Hamilton & Donna Nethery) and its employees, subcontractors and agents from any and all claims, actions or losses for bodily injury, property damage, wrongful death, loss of services or any other claim which may arise out of USER’s use of Boats or Equipment, premises or facilities or USER’s participation in paddle sports activities. By signing this document, USER acknowledges that he/she specifically understands he/she is releasing, discharging and waiving any claims or actions that he/she may have at the present time, or in the future, for the negligent acts, omissions or other conduct by the employees, subcontractors or agents of River's Edge Boat Rental (Bryan Hamilton & Donna Nethery).
1. USER shall obey all applicable state, federal, and local regulations, laws, ordinances, and lawful directives from appropriate emergency or law enforcement personnel, while using Boats or Equipment from River's Edge Boat Rental (Bryan Hamilton & Donna Nethery) . USER is solely responsible for any citation or violation occurring during the use of, or as the result of using, Boats or Equipment from River's Edge Boat Rental (Bryan Hamilton & Donna Nethery) . USER agrees not to disturb wildlife while using Boats or Equipment from River's Edge Boat Rental (Bryan Hamilton & Donna Nethery).
2. USER represents that he/she is capable of safely operating and handling the Equipment and finds it in good working order, condition, and repair. USER acknowledges that he/she is responsible for carrying all Boats and Equipment to and from the put-in. USER represents that he/she has adequate skills, knowledge and experience to safely complete the planned activity and that adequate preparations have been made to ensure safe completion of trip.
3. USER shall bear all risk and responsibility of and for any and all damage, loss or theft of the Boats and/or Equipment, or any portions thereof, including, but not limited to vandalism or theft, and shall pay River's Edge Boat Rental (Bryan Hamilton & Donna Nethery) the full cost of repair or replacement.
4. USER shall return Boats and Equipment in the condition in which they were received.
5. RECOGNITION OF RISK: USER expressly acknowledges that activities associated with the use of Boats and Equipment involves inherent risks of injury to persons and property. USER IS AWARE OF THOSE RISKS AND UNDERSTANDS THEM. USER acknowledges that Safety Equipment (e.g. Personal Floatation Devices/Life Jackets) are made available and that ALL USERS ARE REQUIRED TO USE SUCH SAFETY EQUIPMENT AT ALL TIMES WHILE USING BOATS AND EQUIPMENT. USER understands that use of such Safety Equipment does not remove all risks of injury. USER alone has determined the sufficiency of any safety gear or other precautions that USER decides to take in order to minimize the risks of the activity. No party related to River's Edge Boat Rental (Bryan Hamilton & Donna Nethery), has made any representations regarding the safety of, or the risks of, such activities. USER EXPRESSLY ASSUMES THE RISKS OF THE ACTIVITY.
6. RELEASE OF LIABILITY: USER hereby RELEASES River's Edge Boat Rental (Bryan Hamilton & Donna Nethery) , its employees, subcontractors and agents from liability for negligence and HOLDS HARMLESS River's Edge Boat Rental (Bryan Hamilton & Donna Nethery), its employees, subcontractors and agents from any loss, expense or cost, including attorney fees, arising out of any damages or injuries, whether to persons or property, occurring as a result of the use of said Boats or Equipment. This agreement constitutes the entire agreement between River's Edge Boat Rental (Bryan Hamilton & Donna Nethery) and USER with regard to the use of Boats and/or Equipment and no term may be waived or modified (including provision against oral modification) except in writing signed by both parties. There are no warranties, expressed or implied, by River's Edge Boat Rental (Bryan Hamilton & Donna Nethery) to USER, except as contained herein, and River's Edge Boat Rental (Bryan Hamilton & Donna Nethery) shall not be liable for any loss or injury to USER nor to anyone else, of any kind or however caused. This agreement is one of bailment only and USER is not a River's Edge Boat Rental (Bryan Hamilton & Donna Nethery) agent while using said Boat(s) or Equipment. The laws of the State of Michigan shall govern this agreement. NON COMPLIANCE WITH THE ABOVE AGREEMENT MAY RESULT IN CHARGES FOR LOSS OR DAMAGE. By signing waiver, USER certifies that he/she has read and understands the above and acknowledges and agrees to the terms and conditions as stated.
