PLEASE READ --- BY PURCHASING THIS RENTAL YOU AUTOMATICALLY AGREE TO THE FOLLOWING TERMS ----
RENTAL EQUIPMENT AGREEMENT, WAIVER, AND RELEASE OF LIABILITY KAYAKS, PADDLE BOARDS, BICYCLES, PFD’s, AND RELATED EQUIPMENT.
Kayak, Paddle Board, Bicycle, and equipment between Campstore! & Campstore Properties LLC (herein both called the “Lessor”) and the undersigned (called “Renter”). This agreement also constitutes a Waiver and Release of Liability , whereby the Renter agrees to release, discharge, hold harmless, defend, and indemnify Campstore! & Campstore Properties LLC, It’s Owners, employees, and any related personnel from any and all claims, actions, or losses for bodily, property damage, wrongful death, loss of service, or otherwise which may arise out of Renter’s use of Kayak, Paddle Board, Bikes, or related equipment, premises, or facilities or Renter’s participation in Kayaking, Biking, or Paddle Boarding activities.
By signing this document , Renter acknowledges he/she specifically understands he/she (Renter) is releasing, discharging, and waiving ANY AND ALL CLAIMS OR ACTIONS THAT I (as in Renter) MAY HAVE AT THE PRESENT TIME, OR IN THE FUTURE, FOR THE NEGLIGENT ACTS, OMISSIONS, OR OTHER CONDUCT BY THE OWNERS, or EMPLOYEES, or RELATED PERSONNEL of Campstore! and Campstore Properties LLC. Please initial each item and sign below to acknowledge acceptance of this agreement.
___1___ Renter shall obey all state, federal, and local biking and boating regulations, laws, ordinances, and lawful directives from appropriate emergency law enforcement personnel while operating or renting boats, bikes / equipment from Campstore! Renter is solely responsible for any citation or violations occurring during the use of, or as the result of using rental boats, bikes / equipment from Campstore!.
____2__ 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.
____3__ Renter shall BEAR ALL RISK and RESPONSIBILITY of/and, for any damages, loss, or theft of rental boats, bikes and/or equipment, or any portion thereof, including, but not limited to vandalism or theft, and shall pay the Lessor (Campstore!) FULL COST of any repairs or replacement.
____4__ Renter shall return the boats, bikes, 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 with proper respect and understands that fees may be applied at the sole discretion of the Lessor if rental property is misused or neglected.
___5___ RECOGNITION OF RISK: Renter expressly acknowledges that kayaking, paddle boarding, biking, cycling, or mountain biking, and any related activity carry inherent risks of injury to persons and property. RENTER IS AWARE OF THOSE RISKS AND UNDERSTANDS THEM. Renter acknowledges that PFD’s (life jackets) are made available and that ALL RENTERS ARE REQUIRED TO WEAR PFD’s WHILE USING RENTAL BOATS / EQUIPMENT as are BIKE HELMETS REQUIRED TO BE WORN BY ALL RIDERS. Renter understands that the use of a PFD / HELMET does not remove all risk of injury/ death NOR does PFD / HELMET use make Kayaking/ Paddle boarding/ Biking safe activities. Renter alone has determined the sufficiency of any safety gear or other precautions that Renter decides to take in order to minimize the risk of that activity.
No party related to the Lessor, including Owner, Employees, Direct family, and related personnel, had made any representations regarding the safety of, or the risks of, the activity. RENTER EXPRESSLY ASSUMES ALL THE RISKS ASSOCIATED WITH THE ACTIVITY.
____6__RELEASE OF LIABILITY: Renter HEREBY RELEASES Lessor (Campstore! / Campstore Properties LLC), its Owners, Employees, and related Personnel, from liability for negligence and holds harmless the Lessor, it’s Owners, Employees, and related Personnel 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 the rental or use of said boat, bike, paddle board, or equipment.
____7__ This agreement constitutes the entire agreement between the Lessor and Renter and no term may be waived or modified (including provision against oral modification) except in the case modification(s) are to be made in writing between both parties. There are no warranties, expressed or implied, by Lessor to Renter, except as contained herein, and the Lessor shall not be liable for any loss or injury to the Renter nor anyone else, of any kind however caused. This agreement is one of purpose only and Renter is NOT Lessor’s agent while using said boats, bikes paddle boards, or equipment. The laws of NY State shall govern this agreement.
NON COMPLIANCE WITH THE ABOVE AGREEMENT MAY RESULT IN CHARGES FOR STOLEN, LOSS, OR DAMAGE.
By purchasing this item I FULLY accept the fact I have read and understand the above. I agree in full to the conditions as stated.
I HEREBY ACKNOWLEDGE I AM RENTING AT MY OWN RISK