Explore the scenic Toccoa River through north Georgia by kayak

READ THE FOLLOWING SECTIONS fully and carefully prior to signing. This is a legally valid and binding obligation to release PWC Owner from all known and unknown obligations, AND TO INDEMNIFY BOAT OWNER AGAINST CLAIMS BROUGHT AGAINST IT BASED UPON YOUR USE OF THE CRAFT. This instrument affects important legal rights. Release and Waiver of Claims. For valuable consideration, the receipt and sufficiency of which are hereby acknowledged Renter does hereby remise, release, and forever discharge PWC Owner, PWC Owner’s agents, servants, successors, heirs, executors, administrators and personal representatives, of and from all, and all manner of, actions, causes of action, suits, proceedings, debts, dues, contracts, judgments, damages, claims, and demands whatsoever in law or equity, which Renter ever had, now has, or which Renter’s heirs, executors, administrators or personal representatives hereafter can, shall, or may have for or by reason of any matter, cause, or thing whatsoever arising out of this Agreement; out of the use (misuse, or abuse) of the Craft; or in any way arising out of the rental relationship between Renter and PWC Owner. Indemnification For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Renter hereby expressly agrees to indemnify and hold harmless PWC Owner, PWC Owner’s agents, servants, successors, heirs, executors, administrators and personal representatives against all suits, actions, claims, demands, or damages that arise out of Renter’s use, misuse or abuse of the Craft. Terms and Conditions 1. Assumption of Risk. Renter acknowledges that the activities for which the Craft is designed include inherent dangers, including the risk of bodily injury and/or death. Renter assumes and accepts all risks associated with the use of the Craft. Renter Initials _________ 2. Acceptable Use. Renter agrees and acknowledges that he/she will be the sole operator of the Craft, and will use the Craft in a careful, safe and conscientious manner. Renter shall at all times observe and adhere to any rules and guidelines posted by PWC Owner, and any applicable laws or regulations. 3. Prohibited Activities. Renter shall not violate any of the following rules and regulations during his/her operation of the Craft: - There are no additional passengers permitted in/on the Craft unless expressly permitted by PWC Owner in writing prior to use. - There is no smoking while in/on the Craft. - There are no alcoholic beverages or consumption of alcohol permitted while operating the Craft. PWC Owner reserves the right to inspect any coolers, bags or other containers belonging to the Renter. - There are no pets permitted in/on the Craft. · There is no docking of the Craft at any location other than the PWC Owner’s designated docking area, except in the case of emergency. 4. Age. Renter is old enough to operate the Craft, according to the state’s minimum operating requirements. 5. Unsafe Use. If at any time PWC Owner determines that Renter has engaged in an unsafe or hazardous use of the Craft, PWC Owner may immediately terminate the rental. Upon notification of termination, Renter must return the Craft to the designated docking area immediately. If the rental is terminated for unsafe or hazardous use, Renter will not be refunded his/her security deposit. PWC Owner shall determine, in its sole discretion, whether any behavior or activity is “unsafe or hazardous.” 6. Condition of Craft upon Return. The Renter shall return the Craft to the designated docking area clean, free of garbage and debris, and in the same condition as it was in when given to Renter, excepting ordinary wear and tear. Renter shall be responsible for any damage caused to the Craft during the rental period. PWC Owner shall retain any portion (or all) of Renter’s security deposit as necessary to cover repairs for such damages. To the extent that damages to the Craft exceed the amount of the security deposit, Renter shall be billed by PWC Owner for the full amount of damages caused by Renter during the rental period, including reasonable attorney’s fees. 7. Late Return. If Renter returns the Craft to the designated docking area more than 20 minutes after the scheduled “Time In,” Renter shall forfeit his/her security deposit. 8. PWC Owner reserves the right to cancel due to inclement weather, natural disaster, or other unforeseen circumstances affecting the safety of the trip. Renter has read and understands all of the terms, conditions and rules set forth above, and agrees to all terms without reservation. RENTER _______________________________ Signature _______________________________ Print Name _______________________________ Date OWNER _______________________________ Signature _______________________________ Print Name _______________________________ Date