Rental Equipment Agreement, Waiver and Release of Liability
Rental Equipment Agreement, Waiver and Release of Liability for Camping Equipment, Skiing and Related Skiing Equipment, Snowboarding and Related Snowboarding Equipment, Kayaks and Related Kayaking Equipment, River Tubing Equipment, Bikes and Related Biking Equipment and Camping Equipment (herein called "Rental Equipment").
This is an Equipment Rental Agreement between Outerthere Adventures LLC and all its affiliates and derivatives (including Outerthere, Outerthere fam, Outerthere family, Outerthere.com, Outerthere Kids, Salesnique, Lifty Trips, NYShreds, NYSG, Beginner Snowboarding and Skiing, I Love Hikes, Hike&, Camping Beginner, Outkayak, Last Minute Trips, Wknds!, Super Fun, Book Outdoor Adventures, et al), 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 Outerthere and its owners, agents, officers 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 Rental Equipment, premises or facilities or Renter’s participation in kayaking, river tubing, camping, biking snowboarding, skiing. 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, agents, officers or employees of Outerthere. Please review each item. You must acknowledge acceptance of this agreement by clicking on the corresponding box in your Safety Information Form.
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 equipment from Outerthere. Renter is solely responsible for any citation or violation occurring during the use of, or as the result of using Rental Equipment from Outerthere.
Renter represents that he/she is capable of safely operating and handling the Rental 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 Rental Equipment, or any portions thereof, including, but not limited to vandalism or theft, and shall pay the Lessor (Outerthere) the full cost of repair or replacement.
Renter shall return Rental Equipment in the condition in which it was received. Minimum charges for repairs, labor and cleaning will be applied in the event Rental Equipment require repair or excessive cleaning. Renter agrees to use all Rental Equipment for its designed purpose only.
RECOGNITION OF RISK: Renter expressly acknowledges that kayaking, river tubing, biking, camping, skiing, snowboarding 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 for kayaking and river tubing and that ALL RENTERS ARE REQUIRED TO WEAR PFD’s/LIFEJACKETS WHILE USING RENTAL EQUIPMENT. Renter understands that use of a PFD does not remove all risks of injury; nor does PFD use make Kayaking or River Tubing 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 (Outerthere), 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 Rental 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 Rental Equipment. The laws of the State of New York and/or the State of Connecticut shall govern this agreement.
NON COMPLIANCE WITH THE ABOVE AGREEMENT MAY RESULT IN CHARGES FOR LOSS OR DAMAGE.