Rental Equipment Agreement, and
Waiver and Release of Liability
Kayaks, Canoes, and Equipment Rental Agreement between Keep West Virginia Wild and Wonderful, LLC, herein called, “Lessor,” and the undersigned, herein called, “Renter.” This agreement also constitutes a Waiver and Release of Liability, whereby the Renter agrees to release, discharge, hold harmless, defend and indemnify Keep West Virginia Wild and Wonderful, LLC and its owners 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 Renter’s use of Kayaking or Canoeing Equipment, premises or facilities or Renter’s participation in kayaking or canoeing activities. By signing this document, Renter acknowledges he/she specifically understands he/she (Renter) is releasing, discharging and waiving any claims or actions that I may have at the present time, or in the future, for the negligent acts, omissions or other conduct by the owners or employees of Keep West Virginia Wild and Wonderful, LLC. Please initial each item and sign below to acknowledge acceptance of this agreement.
_____ Renter shall obey all state, federal and local Boating Regulations, laws, ordinances and lawful directives from appropriate emergency or law enforcement personnel, while operating or renting boats or equipment from Up Keep West Virginia Wild and Wonderful, LLC. Renter is solely responsible for any citation or violation occurring during the use of, or as the result of using, rental boats or equipment from Keep West Virginia Wild and Wonderful, LLC.
_____ Renter represents that he/she is capable of safely operating and handling the Equipment and finds it in good working order, condition and repair. Renter 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.
_____ Renter shall bear all risk and responsibility of and for any and all damage, loss or theft of the rental boats and/or Equipment, or any portions thereof, including, but not limited to vandalism or theft, and shall pay the Lessor (Keep West Virginia Wild and Wonderful, LLC) the full cost of repair or replacement.
_____ Renter shall return boats and equipment in the condition in which it was received. Minimum charges for repairs, labor and cleaning will be applied in the event rental boats or equipment require repair or excessive cleaning. Renter agrees to use all equipment for its designed purpose only.
_____ Renter agrees to have boats off of the water by 6:00 p.m. of the day of rental; if not, the renter will be charged an additional day’s rental.
_____RECOGNITION OF RISK: Renter expressly acknowledges that kayaking and canoeing are activities with inherent risks of injury to persons and property. RENTER IS AWARE OF THOSE RISKS AND UNDERSTANDS THEM. Renter acknowledges that PFD’s (Lifejackets) are made available and that ALL RENTERS ARE REQUIRED TO WEAR PFD’s/LIFEJACKETS WHILE USING RENTAL BOATS AND EQUIPMENT. Renter understands that use of a PFD does not remove all risks of injury; nor does PFD use make Kayaking or Canoeing safe activities. Renter alone has determined the sufficiency of any safety gear or other precautions that Renter decides to take to minimize the risks of the activity. No party related to Lessor, including Owner and Employees, has made any representations regarding the safety of, or the risks of, the activity. RENTER EXPRESSLY ASSUMES THE RISKS OF THE ACTIVITY.
_____RELEASE OF LIABILITY: Renter hereby RELEASES Lessor (Keep West Virginia Wild and Wonderful, LLC), its owners and its employees from liability for negligence and HOLDS HARMLESS the Lessor, its owner and its employees 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 rental or use of said boat and/or Equipment.
_____This agreement constitutes the entire agreement between Lessor and Renter 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 Lessor to Renter, except as contained herein, and Lessor shall not be liable for any loss or injury to Renter nor to anyone else, of any kind or however caused. This agreement is one of bailment only and Renter is not Lessor’s agent while using said boat(s) or Equipment.
NON COMPLIANCE WITH THE ABOVE AGREEMENT MAY RESULT IN CHARGES FOR LOSS OR DAMAGE.
I have read and understand the above. I agree to the terms and conditions as stated.
Print Name: ________________________________________________
Driver’s License Number and State: _______________________
Date needed: ___________ Date returning: ___________
Keep West Virginia Wild and Wonderful, LLC |BOX 327 | Moorefield, WV 26836 | 304-851-5040