AFFIRMATION, WAIVER, WARRANTY, RELEASE AND ASSUMPTION OF RISK
ALL RENTERS CERTIFY THAT HE/SHE HAS READ THE FOLLOWING CAREFULLY BEFORE SIGNING
I am aware that certain dangers are inherent in boating, canoeing and kayaking. By my rental of boating equipment, I certify that I am aware of all dangers, such dangers including mortal and/or severe injury, and have familiarized myself with all precautions which can be taken to prevent injury to myself and those I allow to use said equipment or participate in its use.
I understand that it is not the function of Idaho River Sports, Inc., or its officers, directors, employees, shareholders, agents and their assistants, to serve as guardians of my safety. I warrant that I am in good physical condition and a sufficiently competent boater to protect myself and/or those using the equipment with me from injury and know of no medical or health reasons why I should not participate in the water sports activities. I also understand that I am to furnish my own personal equipment such as shoes, clothing and life jackets and other equipment in addition to the equipment which I have rented from Idaho River Sports, Inc.
I understand and agree that Idaho River Sports, Inc., its officers, directors, employees, shareholders, agents and their assistants shall not be held liable in any way to me, my family, heirs, executors or assigns, for any occurrence or accident which may result in injury, death, or other damages in connection with my use of the rented equipment for any purpose. I have been expressly advised by this release that if I have any doubt as to the adequacy of my skills or of those I allow to use the rented equipment with me, I should contact a professional guide and/or instructor to provide expert instruction, guiding services, or assistance to the end that any unnecessary risk may be reduced from what is unquestionably the high-risk, dangerous, activity of water sports.
In consideration of the rental of equipment from Idaho River Sports, Inc. at a cost which does not reflect any premium for insurance, I hereby personally assume all risks in connection with such use, including but not limited to those associated with forces of nature, physical injury, or illness and accidents resulting from falls, and I further agree to forever release, discharge, waive, save and hold harmless Idaho River Sports, Inc., its officers, directors, employees, shareholders, agents and their assistants from any claim by others, by me, or my estate, executors, heirs, or assigns arising from my use of the equipment. This includes, but is not limited to, any and all rights, demands or claims for damages and causes for suits or actions known or unknown, and further includes, but is not limited to any and all medical expenses or other expenses and damages in the event of accident, illness, other incapacity, death, or damage to property, however caused. I further understand there is no insurance coverage for the use of said equipment by me or any other person. I have been advised by this release that Idaho River Sports, Inc. could not profitably rent said equipment if it were to agree to undertake liability for injury or property damage arising from its use, and that, therefore, rental of said equipment is offered only on the condition that the renter expressly agree to assume all liability and risks, and that the renter execute this release. Therefore, part of the consideration for this release is the price charged for renting said equipment, which has been determined upon the basis that all risks associated with use of the equipment, has been assumed by the renter.
I further state that I am of lawful age and legally competent to sign this Affirmation, Waiver, Warrant, Release and Assumption of Risks. I understand that the terms of this document are contractual and not a mere recital and I have signed this document as my own free act.
I also agree that any misuse, damage or activities I engage in that lead to the termination of my rental privileges are at the discretion of Idaho River Sports and may be forwarded to authorities in Idaho for prosecution of any other legal remedies available to Idaho River Sports.
Renter is responsible for the return of all items and equipment rented, and is further responsible for any and all damages or losses resulting from the use of the rented items and equipment. And that I am responsible for any claims arising from the use of the equipment, medical expenses or damages resulting from my use of said equipment, and that I will be charged for going over the time of use agreed to. I also agree to return the equipment in good working order and that I am responsible for any damaged, lost or stolen equipment in my care under this agreement. Further, that I will be charged the retail price for replacement equipment less the rental fee in any and all cases.
I have fully informed myself of the contents of this Affirmation, Waiver, Warrant, Release and Assumption of Risks by reading it before I signed it.
USERS UNDER 18 MUST HAVE PARENT/LEGAL GUARDIAN SIGNATURE
PLEASE RETURN ALL RENTALS 15 MINUTES PRIOR TO CLOSING TIME.
SORRY, NO REFUNDS ON RENTALS
Additional Language and Acknowledgement for SUP Use
By acknowledging this form you assume responsibility for any damage to the board caused by misuse and or negligence.
Boards are to be used by one person at a time. Damage may occur with more than one person on the board.
Do not run boards up on to shore or the stairs as this damages the bottom of the boards and the fin
Do not stand on boards while they are on pavement or the shore- this will cause punctures through the bottom of the board
Do not drop boards on to the ground or on to objects. If you place a board on the ground, please prop it up on one side to avoid damage to the fin. Do not place the board right side up on the ground.
Do not drag boards across ground. If you need assistance carrying the boards to and from the water, please ask one of the helpful employees for help.
Place board in to the water fin first so that damage does not occur to the fin or the bottom of the board.
The person using the board must have a lifejacket on the board with them. We provide a lifejacket and recommend you wear it. It is the user’s choice whether or not he/she wears the lifejacket.
If the user is 14 years old or younger, it is required by state law that they wear a lifejacket while using the board.
Misuse or negligence will result in loss of rental privileges and/or a fee of up to $2,000.00 to repair or replace the damaged board.
Paddles may sink if left unattended for an extended period of time in the water. Please make sure you keep track of your gear especially when young children are playing on the boards. You are responsible for any gear that is lost or damaged.
You are responsible for returning all gear in the condition in which it was rented.