RELEASE AND WAIVER OF LIABILITY, AGREEMENT
NOT TO SUE, AND INDEMNIFICATION AND HOLD HARMLESS AGREEMENT.
In consideration of being allowed to
participate In the activities and/or programs and rentals of ACADIA’S MAINELY
OURS OUTDOOR FUN RENTALS and the use of Its facility and/or equipment, In
addition to the payment of any fee or charge, I do hereby waive, release and
forever discharge ACADIA’S MAINELY OURS OUTDOOR FUN RENTALS, Its owners,
officers, agents, Guides, employees, representatives, executors, and all others
from any and all responsibility for Injuries or damages resulting from my
participation In any activities or use of equipment in the above mentioned
facilities or arising out of my participation In any activity at said facility,
I do hereby release all of those mentioned and any others acting upon their
behalf from any responsibility or liability for any Injury or damage to myself
or my property, Including those caused by the negligent act or omission of any
of those mentioned or others acting on their behalf or in any way arising out
of or connected with my participation in any activities of ACADIA’S MAINELY
OURS OUTDOOR FUN RENTALS or the use of any equipment at ACADIA’S MAINELY OURS
OUTDOOR FUN RENTALS
( please Initial *_______)
I understand that use of ACADIA’S MAINELY
OURS OUTDOOR FUN RENTALS kayak/canoes/paddle-
boats, i.e.
other water fun equipment Is a potentially hazardous activity and that
strength, flexibility, and the ability to swim and perform other skills
relating to ACADIA’S MAINELY OURS OUTDOOR FUN RENTALS are helpful to my safety.
I also understand that these activities and use of kayaks/canoes/paddle-boats, i.e.
other water fun equipment
Involves a
risk of property loss, serious injury and even death and that I am voluntarily
participating in these activities and using of their kayak/canoes/paddle-boats,
i.e. other water fun equipment with the knowledge of the dangers Involved. I
hereby agree to expressly assume and accept any and all risks of injury or
death. (please initial *________)
I do hereby further declare myself to be
physically sound and suffering from no condition, impairment, disease,
infirmity, or other Illness that would prevent my participation in any of the
activities and programs of ACADIA’S MAINELY OURS OUTDOOR FUN RENTALS or the use
of their kayak/canoes/paddleboats, i.e. other water fun equipment. (please
Initial*________)
Signature of Responsible Boater * ________________________________________________________________
Signature of parent or guardian
If Responsible
Boater is under 16 years of age.* _____________________________________________________
Print Name(s) of ALL Boaters Renting on this Trip:
________________________________ _______________________________ ___________________________
________________________________ _______________________________ ___________________________
Contact Info of Responsible Boater:
________________________________________________________________
Street Address
____________________________________________________________________________
City State
Zip
Best Contact Telephone number
(______)____________________
E-Mail__________________________________________
How did you hear about ACADIA’S MAINELY OURS OUTDOOR
FUN RENTALS?
_____________________________________________________________________________
FOR YOUR
SAFETY, LIFEJACKETS MUST BE WORN AT ALL TIMES WHILE ON THE RENTAL FUN BOATS
Please do
not stand in, on, or flip the kayak/canoes/paddle-boats, i.e. other water fun
equipment, on purpose
***Please know we ask for a picture copy of Responsible
boater’s Lic or ID for safety reasons***
Have some GOOD safe Fun! Please rate us on Trip Advisor. Thank you for Your Business
ACADIA’S MAINELY OURS OUTDOOR FUN RENTALS www.AcadiasMainelyOurs@aol.com
http://acadiaoutdoorfun.blogspot.com/ 207-469-8872/207-479-3848
RENTAL AGREEMENT Between ACADIA’S
MAINELY OURS OUTDOOR FUN RENTALS and lessee:
Name: _______________________________________ Phone:
____________________________ (best contact)
Address: _____________________________________
E-Mail:__________________________________
City:_________________________________________
State:______________________ Zip:___________
Driver License#:
_________________________________ State: ________
Date of Rental ___________________/Date
of Return _________________
THE LEASE IS SUBJECT TO FOLLOWING CONDITIONS
I agree:
1.The LESSEE acknowledges he/she
has carefully examined the craft and finds it suitable for the purpose for
which it is leased, and that Other accessory equipment is in suitable and
acceptable condition; that he/she will maintain both craft and equipment in a
safe, dependable condition while in his/her custody.
2.Cash bond/CC deposit shall be
retained by the LESSOR as partial compensation for failing to return said
rental craft in as good condition, ordinary wear and tear excluded, as when
received; for reimbursement of articles damaged, missing or broken; or to be
applied to the rental charges upon return of the craft by LESSEE,
3.LESSEE agrees not to use, nor
permit the use: a. of the rental craft for any unlawful purpose; b. of the
rental craft in a careless or negligent manner; c. of the rental craft while
under the influence of alcohol and/or narcotics; d. by any other person not the
signatory of this agreement, or not equally qualified.
4.LESSEE acknowledges his/her
responsibility for the sate and proper operation of the craft; and for the
safety and welfare of other boaters and persons. It is AGREED AND UNDERSTOOD BY
LESSEE that LESSOR shall not be held liable for damages, inconvenience or time
lost caused by accident, breakdown or malfunction of the rental claims for loss
of or damage to property or injury to persons (including death) resulting
through the use , operation or possession of said rental craft. LESSEE further
agrees to hold the LESSOR harmless should loss or damage occur to any of the
LESSEE'S personal property while carried in, or on, the rental craft, including
loss or damage caused by fire, water, theft or any other cause whatsoever,
including the negligence of
LESSOR.
5.LESSEE expressly agrees to
Indemnify and hold LESSOR harmless of, from, and against any and all loss,
costs, damages, attorney fees and/or liability in connection with the enforcing
of the foregoing rental contract by LESSOR, including expenses incurred in
collection or attempting to collect delinquent rent and in the event of suit by
LESSOR to recover possession of said rented property and/or to enforce any of
the terms, conditions and/or provisions hereof. It is understood and agreed
that Venue of any action hereunder shall be in the county of LESSOR.
6.
In the event of malfunction, breakdown, or if
any defect is discovered after acceptance of the rental craft that LESSEE will
Immediately report same to LESSOR. Continued use of it shall be entirely at the
LESSEE'S risk and the LESSEE assumes all liabilities of injury and damage to
all persons and property that may become involved by its continued use.
7.
LESSOR'S ability to provide a rental craft, if
reserved, is contingent upon and subject to the return of the unit by the
previous lessee, or any other cause beyond LESSOR'S control.
8.
LESSOR reserves the right to cancel this rental
agreement due to inclement or impending bad weather. Rental fees will be
prorated based on the time used.
9.
The rules and regulations contained herein and
as posted in the office, on the craft, and/or the grounds by the LESSOR are for
the safety and welfare of all who use the facilities. The LESSEE certifies that
he/she has read and understands said rules and regulations, and further assumes
the responsibility to see that his/her family and/or guest(s) will obey the
rules.
10.
All sales are final.
11.
Reservations shall be canceled at least 72 hours
ahead of scheduled rental, or deposit will kept.
12.
Each rental induces: Kayak, PFD and Paddle, and
all should be returned in usable condition.
13.
Should any term or condition of this Rental
Agreement be held void or unenforceable, then that term shall be deemed severed
from this Agreement and the enforce-ability of the remainder shall not be
affected and will remain in full force and effect.
14.
Should a boat not be returned within one quarter
hour of specified time the LESSEE is subject to the OVERTIME CHARGES below:
$7.50 per 1/4 hour
15.
THE TERMS AND CONDITIONS ON THIS CONTRACT
CONTAINS THE ENTIRE UNDERSTANDING BETWEEN LESSEE AND LESSOR AND THAT NO OTHER
REPRESENTATION OR INDUCEMENT, ORAL OR WRTTTEN, HAS BEEN MADE WHICH IS NOT
INCLUDED IN THIS RENTAL AGREEMENT.
I (WE) HAVE READ THE AGREEMENT AND FULLY UNDERSTAND THE
TERMS AND CONDITIONS AS SET FORTH.**
__________________________________________________________*
SIGNATURE
_______________________
DATE
In order to reserve boats on specific dates AMO-OFR must be in Receipt
of at least ½ of full rental fee which is $ _______________ to be held as a
deposit for the period stated above. The balance of $_____________________ is to
be paid on delivery of boat(s) rented.
This deposit able to
be credited in full upon 2 days cancellation notice prior to signed rental agreement,
otherwise, if no notice given, it is relinquished.
FULL payment always
due upon boat delivery.
*Payment made for rentals is the same as a signature/initials to all of the above agreement.
**$25 Flat rate delivery fee for delivery/pick-up of boats – subject to adjustment if 25 or more miles outside of delivery area
**$25 Flat rate delivery fee for delivery/pick-up of boats – subject to adjustment if 25 or more miles outside of delivery area
IF the equipment or
articles of rental are damaged, broken or missing, renter is subject to a fine
of replacement cost of vessel/equipment.
_________(*intitial) Dated ______________ 20
_____ , by ACADIA’S MAINELY OURS
OUTDOOR FUN RENTALS (LESSOR).
EARLY RETURNS WILL NOT RESULT IN A
REFUND.
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