Rico’s Rental Limited Liability Company agrees to rent the following personal watercraft (the SUP ) to Renter, upon the condition that Renter agrees to all terms and conditions set forth below (including the release of claims) and evidences that agreement with his/her signature below. READ THE FOLLOWING SECTIONS FULLY AND CAREFULLY PRIOR TO SIGNING. THIS IS A LEGALLY VALID AND BINDING OBLIGATION TO RELEASE RICO’S RENTAL LIMITED LIABILITY COMPANY FROM ALL KNOWN AND UNKNOWN OBLIGATIONS, AND TO INDEMNIFY RICO’S RENTAL LIMITED LIABILITY COMPANY AGAINST CLAIMS BROUGHT AGAINST IT BASED UPON YOUR USE OF THE CRAFT. THIS INSTRUMENT AFFECTS IMPORTANT LEGAL RIGHTS.
Assumption of Risk: I am fully aware of the risks and hazards inherent to the participation of Stand Up Paddle Boarding (SUP). Such risks and hazards include, but are not limited to, being hit by or colliding with other Stand Up Paddlers, kayakers, boats, swimmers, rocks, cliffs, and aquatic life. I am also aware of the risk of exhaustion, dehydration, water pollution, sub/heat exposure and accidental drowning. I further understand there is the possibility of death or serious physical or mental trauma or injury (ex. Paralysis) associated with SUP. I hereby voluntarily assume all risks of loss, damage, injury or death that may be sustained by me (or the person(s) I am legal guardian of, such as my child, and any damage to any of my property, or the person(s) property I am legal guardian of, such as my child’s property while I am participating in Stand Up Paddle Boarding as a renter/customer with Rico’s Rental Limited Liability.
Fitness For Participation: I certify that I have, or the person(s) I am legal guardian of, such as my child, adequate insurance to cover any injury or damage I may, or the person(s) I am legal guardian of, such as my child, cause or suffer while participating in SUP, or else I agree to bear the costs of such injury or damage myself. I further declare that I am willing to assume the risk of any medical or physical condition I, or the person(s) I am legal guardian of, such as my child, may have, including but not limited to: pregnancy, heart condition, back problems, loss of consciousness and/or epilepsy.
In respect of renting Stand Up Paddle Boards from Rico’s Rental Limited Liability, I hereby agree to:
1. To waive any and all claims that I have or may in the future have against Rico’s Rental Limited Liability and to release Rico’s Rental Limited Liability from any and all liability for any loss, damage, expense or injury, including death, that I may suffer or that my next of kin may suffer as a result of my participation in paddle boarding on a paddle board owned by Rico’s Rental Limited Liability due to any cause whatsoever, including negligence, breach of contract or breach of any statutory or other duty of care, on the part of Rico’s Rental Limited Liability, and further including the failure on the part of Rico’s Rental Limited Liability to safeguard me from or warn me of the risks, dangers and hazards of participating in Rico’s Rental Limited Liability paddle boarding;
2. To hold harmless and assure Rico’s Rental Limited Liability from any and all liability for any property damage or personal injury to any third party resulting from my participation in Rico’s Rental Limited Liability paddle boarding activity;
3. This Release Agreement shall be effective and binding upon my heirs, next of kin, executors, administrators, assigns, and representatives, in the event of my death or incapacity;
4. This Release Agreement and any rights, duties and obligations as between the parties to this Release Agreement shall be governed by and interpreted solely in accordance with the laws of the State of Idaho and no other jurisdiction;
5. Any litigation involving the parties to this Release Agreement shall be brought solely within the State of Idaho;
6. When participating in the rental or use of the Rico’s Rental Limited Liability rental equipment I agree to accept all responsibility to maintain the
condition and whereabouts of all the equipment rented for the entire rental period and to pay all repair and/or replacement costs for any damage or theft that may occur to equipment during the rental period. Should I damage a Stand Up Paddle Board, I agree to pay a damage fee not to exceed $300.00 per board. Should I lose or damage a Stand Up Paddle Board beyond repair, I agree to pay a replacement fee not to exceed $595.00. Should I lose or severely damage a SUP paddle, I agree to pay a replacement fee not to exceed $75.00;
7. If I am not present during the delivery or return of my Stand Up Paddle Board, I will be fully responsible for any loss, theft, or damage to the board;
8. If the participant is a minor, the parent or legal guardian warrants and represents that this Release Agreement, it’s significance and the assumption of risk, has been explained to and understood by the minor child or ward. I hereby declare, under penalty or perjury, that I am the parent or legal guardian of the named participant.
I understand ID law requires a Personal Flotation Device (PFD) while on watercraft (vessel) for all participants 14 years of age and younger. Peace & Paddle requires all minor participants wear a life jacket while on a paddle board owned by Rico’s Rental Limited Liability. I have received a PFD for all minor participants and agree to keep on minor at all times while participating in Stand Up Paddle Boarding.
Signature:_________________ DLN#_______________ Date:________ Time:_____________