Hot Springs Mobile Kayak Rentals
PARTICIPANT AGREEMENT, ACKNOWLEDGMENT & ASSUMPTION OF RISK, WAIVER AND RELEASE OF LIABILITY AGREEMENT
***READ BEFORE SIGNING***
I the undersigned, in consideration of being allowed to participate in the services of Hot Springs Mobile Kayak Rentals, its officers, employees, volunteers, agents, or representatives (herein referred to as "Hot Springs Mobile Kayak Rentals"), hereby agree to the following for myself, my heirs, assigns, personal representatives, next of kin, and estate as follows:
I fully understand and acknowledge that although Hot Springs Mobile Kayak Rentals has taken reasonable steps to outfit me with appropriate equipment, the activity I am about to voluntarily engage in as a participant and /or volunteer is an unguided canoe/kayak/tube/stand-up paddle board/bike trip, bears known and unanticipated risks. These risks cannot be eliminated without destroying the unique character of this activity. These same elements that contribute to the unique character of this activity could result in injury, paralysis, death, to myself, spectators, or third parties, or damage or loss to personal property of myself, spectators, or third parties. These risks may be caused by my own actions or in-actions, the actions or in-actions of others, or other conditions. The following describes some, but not limited to, of these risks:
*Hitting objects in the canoe/kayak/tube/stand-up paddle board/and/or bike, natural or man-made, such as rocks, trees, waterfalls, holes, deep water, reversals, other water formations, ropes, bridge pilings, metal junk in the water, and other watercraft. Some may be submerged or partially submerged.
*Swimming/floating in turbulent water, hypothermia
*Travel in a vehicle not driven by me
* Carrying heavy equipment such as canoes, kayaks, or other equipment.
*Forces of nature including lightening, wind and weather changes, river level
changes, change of water flow or currents.
*Canoe/kayak/tube/and or stand-up paddle board for various reasons, may collide,
puncture, overturn, upset, or sink which could result in getting wet, injured, exposed to elements, personal property damage or loss, injuries, paralysis, death.
*Unstableness while getting in or out of canoe/kayak/tube/stand-up paddle board.
*Missing docking site.
*Wildlife attacks.
*Getting lost.
1. With full knowledge that this activity entails both known and unknown risks of injury or death to myself, to spectators or other third parties, and damage to personal property, I accept and assume sole responsibility for any loss of life or injury to myself, including any minor children, to others, and damage any property arising from voluntary participation in this activity. I agree that no one is forcing me to participate in spite of the risks.
2. I fully understand and acknowledge that I and any minor children should be in good physical health to participate in a canoe/kayak/tube/stand-up paddle board trip. I acknowledge that I and any minor children have no health problems, physical disabilities, or mental impairments that would preclude my participation. I acknowledge that I and any minor children have sufficient skill and fitness to participate. I am not under the influence of drugs or alcohol and there is no reason why I lack the capacity to sign this document. I certify and any minor children are fully capable of participating in this activity. Therefore, I assume responsibility for myself, including any minor children, for bodily injury, death and I acknowledge that I have insurance that will cover the costs of emergency medical treatment and/or transportation related to canoe/kayak/tube/stand-up paddle board trips or that I am willing to bear these costs. I authorize Hot Springs Mobile Kayak Rentals to secure emergency transport and/or medical care when Hot Springs Mobile Kayak Rentals deems necessary, authorize Hot Springs Mobile Kayak Rentals to release or share participant medical information with medical providers. I further agree and warrant that if at any time I believe conditions to be unsafe, I will immediately discontinue participation in the activity. If I decide to leave early and not complete the trip as planned, I assume all risks inherent in my decision to leave.
3. I will comply with all Federal, State, and County laws and regulations, including emergency orders from authorities. I am required by law to have a life jacket per person attached to my canoe, kayak, or tube the entire trip. Hot Springs Mobile Kayak Rentals provides life jackets for each canoeist /kayaker/tuber/stand-up paddle boarder, and recommends the life jackets be worn for the maximum protection. Participants who are 12 years old or younger are REQUIRED to wear life jackets according to State Law. I will agree to comply with the stated and customary terms and conditions of participation. For safety reasons, I will not take any glass such as glass bottles into the river. All garbage will be contained and properly disposed of upon return. I will not leave garbage in the river.
4. I realize that Hot Springs Mobile Kayak Rentals are supplying equipment. Water trips with Canoes/kayaks/tubes/stand-uppaddle boards are self-guided, and voluntarily participate at my own risk. I understand there are NO LIFE GUARDS ON THE RIVER.
5. Media Statement: By signing below, I hereby grant and convey to Hot Springs Mobile Kayak Rentals all right, title, and interest in and to record name, voice or statements including any and all photographic images and video or audio recordings made by Hot Springs Mobile Kayak Rentals or agents or by their camera.
6. I hereby covenant for myself, my heirs, assigns, representatives, next of kin, and estate not to sue and to forever release and discharge, and to hold harmless and indemnify Hot Springs Mobile Kayak Rentals, its officers, employees, volunteers, agents, or representatives, property owners, lessons, and all entities from any and all known or unknown, foreseeable or unforeseeable, bodily and personal injuries,damage to personal or real property, and the consequences thereof, in any way connected with my participation in the activity, including specifically but not limited to the negligent acts or Commissioner Hot Springs Mobile Kayak Rentals, its officers, employees, volunteers, agents, or representatives, property owners, lessors, and all other persons or entities, for any and II injury, death, illness or disease, and damage to myself or my property. This includes, but not limited to, rental of equipment. 7. Should it become necessary for Hot Springs Mobile Kayak Rentals, or someone of their behalf, to incur attorney fees and costs to enforce this agreement, or any portion thereof, I agree to pay Hot Springs Mobile Kayak Rentals any reasonable costs and attorney fees thereby expended or for which liability incurred agree to bear all costs and fees incurred by Hot Springs Mobile Kayak Rentals in defending themselves against the claims of mine, my heirs, assigns, personal representatives, and next of kin, and estate. I acknowledge that Hot Springs Mobile Kayak Rentals holds residency in Garland County in the State of Arkansas, and agree that any claims and litigations will be brought in and carried out in Garland County in the State of Arkansas. I expressly acknowledge and agree that if any part of the document is found to be void or illegal by a court, the other pans will remain in full force and effect and will be given the broadest construction possible by the courts of Arkansas.
8. All equipment is rented at renters own risk. The equipment provided -paddles, personal floatation devices, and canoes/kayaks/tubes/stand-up paddle boards are in good working order when rented. I am expected to return the equipment in the same condition as when rented, on the same day rented. I will be held liable for any damage or loss of equipment (except for normal wear which includes minor dents and scratches on the canoe. Replacement costs Canoe & Kayak-list price (minimum) S500-$1000. Tube S40, Paddles $20 each. Kayak Paddle S70, Life Jacket $50. I agree to pay $40 per hour late fee. I agree to have Hot Springs Mobile Kayak Rentals acknowledge and sign off on the return of equipment.
IN SIGNING THIS DOCUMENT, I FULLY RECOGNIZE I REALIZE THERE IS KNOWN AND UNKNOWN RISK. I VOLUNTARILY ASSUME THIS RISK, AND I TAKE FULL RESPONSIBILITY IF INJURY, ILLNESS, DISABILITY DEATH OR DAMAGE OCCURS TO ME OR OTHERS OR MINE OR OTHERS PROPERTY WHILE ENGAGED IN THE CANOE/KAYAK TUBE STAND-UP PADDLING BOARD TRIP, I WILL HAVE NO RIGHT TO MAKE A CLAIM OR FILE LAWSUIT AGAINST HOT SPRINGS MOBILE KAYAK RENTALS OR ITS OFFICERS, EMPLOYEES, VOLUNTEERS, AGENTS, PROPERTY OWNERS, LESSORS, OR REPRESENTATIVES EVEN IF ANY OF THEM NEGLIGENTLY CAUSE INJURY,ILLNESS, DISABILITY, DEATH, OR DAMAGE.
I HAVE CAREFULLY READ THIS DOCUMENT AND UNDERSTAND ITS CONTENTS. I AM AWARE THAT THIS IS AN ASSUMPTION OF RISK, WAIVER, AND RELEASE AGREEMENT AND I SIGN IT FREELY, VOLUNTARILY AND WITHOUT INDUCEMENT, AND I ALSO UNDERSTAND THAT I SHOULD NOT PARTICIPATE IN THIS ACTIVITY IF I AM UNDER THE INFLUENCE OF ALCOHOL OR DRUGS.