PARTICIPANT AGREEMENT, RELEASE, AND ACKNOWLEDGEMENT OF RISK. RENTAL CONTRACT
In the event that the renter fails to return said item at the agreed time, or fails to abide by any of the other items in this contract, the rental agent may repossess it without notice to the renter, and the rental agent is hereby released from all claims arising therefrom.
All charges are based on the time item is in renter's possession whether in use or not. The rental agent is not responsible for accidents caused directly or indirectly in the use of the rented item.
In consideration of the services of Acadia 1 Water Sports, their agents, owners, officers, volunteers, participants, employees, and all other persons or entities acting in any capacity on their behalf (hereinafter collectively referred to as "Acadia 1"), I hereby agree to release, indemnify, and discharge Acadia 1, on behalf of myself, my children, my parents, my heirs, assigns, personal representative and estate as follows:
THE RISKS INCLUDE, AMONG OTHER THINGS: boat capsize; tidal conditions and currents; travel in remote areas; collision with other objects or other watercraft; prolonged exposure to cold water, hypothermia, accidental drowning; illness in remote areas; exposure to sun, strong wind, cold, storms, large waves, eddies, and whirlpools, and lightening; aggressive and/or poisonous marine life; wrist, arm, shoulder, and/or back injuries; slips and falls while hiking; and rapidly changing and adverse weather and water conditions.
Furthermore, Acadia 1 guides have difficult jobs to perform. They seek safety, but they are not infallible. They might be unaware of a participant's fitness or abilities. They might misjudge the elements, the weather, or the terrain. They may give inadequate warnings or instructions, and the equipment being used might malfunction.
1. I acknowledge that sea kayaking entails known and unanticipated risks which could result in physical and emotional injury, paralysis, death, or damage to myself, to property, or to third parties. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity.
2. I expressly agree and promise to accept and assume all of the risks existing in this activity. My participation in this activity is purely voluntary, and I elect to participate in spite of the risks.
3. I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless Acadia 1 from any and all claims, demands, or causes of action, which are in any way connected with my participation in this activity or my use of Acadia1's equipment or facilities, INCLUDING ANY SUCH CLAIMS WHICH ALLEGE NEGLIGENT ACTS OR OMMISSIONS OF ACADIA 1.
4. Should Acadia 1 or anyone acting on their behalf, be required to incur attorney's fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs.
5. I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating, or else I agree to bear the costs of such injury or damage myself. I further certify that I have no medical or physical conditions which could interfere with my safety in this activity, or else I am willing to assume -- and bear the costs of -- all risks that may be created, directly or indirectly, by any such condition.
6. In the event that I file a lawsuit against Acadia 1, I agree to do so solely in the state of Maine, and I further agree that the substantive law of that state shall apply in that action without regard to the conflict of law rules of that state. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect.
7. I agree to share this information, with all persons using rental equipment.
By signing this document, I acknowledge that if anyone is hurt or property is damaged during my participation in this activity, I may be found by a court of law to have waived my right to maintain a lawsuit against Acadia 1 on the basis of any claim from which I have released them herein.
I have had sufficient opportunity to read this entire document. I have read and understood it , and agree to be bound by it's terms.
Signature of participant:_____________________________ Print Name:_______________________
PARENT'S OR GUARDIAN'S ADDITIONAL INDEMNIFICATION
(Must be completed for participants under the age of 18)
In consideration of________________________ (print minor's name) ("Minor") being permitted by Acadia 1 to participate in its activities and to use its equipment and facilities, I further agree to indemnify and hold harmless Acadia 1 from any and all claims which are brought by, or on behalf of Minor, and which are in any way connected with such use or participation by Minor.
Parent or Guardian:_______________________________ Print Name:______________________