ROWING RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT (“AGREEMENT”)
- The undersigned, being at least 18 years old or that if he/she is younger than 18 years of age, is accompanied by a parent or guardian who has read and signed the following release (hereinafter referred to collectively as “I”).
- I warrant and represent that I am in good health and there are no special problems associated with the care of the child and the undersigned parent or guardian (if applicable) has left no special instructions regarding the Participant/Purchaser/Renter that have not been listed on the registration form.
- I agree and understand that rowing is a HAZARDOUS activity (hereinafter “Activity”). Further, I recognize that there are risks, including, but not limited to, changing weather conditions, changing water conditions, hidden and underwater obstacles, changing and unpredictable currents, drowning, exposure and overturning. I recognize that injuries are a common and ordinary occurrence of this Activity. I hereby agree to freely and expressly ASSUME and accept ANY AND ALL RISKS OF INJURY OR DEATH to the Participant/Purchaser/Renter voluntarily elects to participate in the aforementioned Activity.
- I hereby assume all risks which may be associated with and/or result from my involvement in such Activity and hereby hold harmless, release, indemnify and defend Adirondack Rowing, LLC, its subsidiaries and affiliates, their respective officers, directors, agents, servants and employees, of and from any liability, claims, demands, actions and causes of action whatsoever arising out of or related to any loss, damage or injury, including death, that may be sustained by me while participating in the Activity, including, but not limited to, those injuries and damages caused by the negligence and/or breach of warranty, express or implied, on the part of the Adirondack Rowing, LLC.
- I agree that it is solely my responsibility to conduct a reasonable, visual inspection of the rowing shell or rowing boat and equipment I will be using, and in doing so, to familiarize myself with the rowing shell or rowing boat and the equipment. I recognize I will be held to assume the risk of the use of the rowing shell or rowing boat and the equipment.
- I authorize Adirondack Rowing, LLC and/or its authorized personnel to call for medical care for me or to transport me to a medical facility or hospital if, in the opinion of such personnel, medical attention is needed for me. I agree that upon my transport to any such medical facility or hospital that the Adirondack Rowing, LLC shall not have any further responsibility for me. Further, I agree to pay all costs associated with such medical care and related transportation provided for me and shall indemnify and hold harmless the Adirondack Rowing, LLC of and from any costs incurred therein.
- By execution of this release the Adirondack Rowing, LLC shall be indemnified for any injury to other person(s) or property which I may cause as a result of engaging in this Activity.
- All instruction on the use of the equipment have been made clear to me and I understand the function of my equipment.
- I AGREE that any and all DISPUTES between myself and the Adirondack Rowing, LLC arising from my participation in the Activity OR use of this equipment, and INCLUDING any claims for personal injury and/or death, WILL BE GOVERNED BY THE LAWS OF THE STATE OF NEW YORK, and EXCLUSIVE JURISDICTION thereof will be in the state court residing in the county where the alleged tort occurred or the federal courts of the State of New York.
- IN THE EVENT ANY SECTION OF THIS RELEASE IS FOUND TO BE UNENFORCEABLE, THE REMAINING TERMS SHALL BE FULLY ENFORCEABLE.
- THIS RELEASE SHALL BE BINDING TO THE FULLEST EXTENT PERMITTED BY LAW.
- This Release shall be binding upon my assignees, subrogors, distributes, heirs, next-of-kin, executors, personal representative, and administrators and may be pled by the Adirondack Rowing, LLC as a complete bar and defense against any claim, demand, action or cause of action by or on behalf of the Participant/Purchaser/Renter.
I/WE HAVE CAREFULLY READ THE FOREGOING LIABILITY RELEASE, UNDERSTAND ITS CONTENTS AND SIGN IT WITH FULL KNOWLEDGE OF ITS SIGNIFICANCE.
Executed this _______ day of ________________________ 20 ____________.
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Printed Name of Participant/Purchaser/Renter Actual Signature of Parent or Guardian, if applicable
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Printed Name of Participant/Purchaser/Renter Actual Signature of Parent or Guardian, if applicable
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Printed Name of Participant/Purchaser/Renter Actual Signature of Parent or Guardian, if applicable
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Printed Name of Participant/Purchaser/Renter Actual Signature of Parent or Guardian, if applicable
NAME ____________________________________ Signature ______________________________________
STREET ADDRESS __________________________________________________________________________
CITY, STATE, ZIP CODE _____________________________________________________________________
HOME PHONE ____________________________________CELL PHONE____________________________________
Local Accommodations ________________________________________________________________________
Local Phone ________________________________________
| Number
of Days Rental |
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Today’s Date
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Due Back Date:
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Rowing Experience (Circle One): Beginner Intermediate Expert*
| *Adirondack Rowing / Adirondack Rowing Personnel reserve the right to decline any applicant’s rowing shell rental request on the spot, at the moment, if the applicant does not qualify as a competent sculler or safe sculler as determined by Adirondack Rowing.
Signature ______________________________________ * by virtue of this signature, the signer agrees to the statement above. |
| RENTAL:
Type of Boat(s): ______________________________________________________________ Equipment Provided: __________________________________________________________ __________________________________________________________ __________________________________________________________
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READ CAREFULLY BEFORE SIGNING
Rental Agreement
- I accept for use, as is, the equipment listed on this form and accept full responsibility for its care while it is in my possession.
- I will be responsible for the replacement, at full retail value, of any equipment rented under this Agreement which is not returned.
- I agree to reimburse and hold harmless Adirondack Rowing, LLC for loss or damage of any kind, other than reasonable wear and tear, which results from the use of this equipment.
- I will wear provided life vest at all times while using the equipment.
- I have made no misrepresentations in regard to age or rowing / sculling ability.
- I agree not to use the equipment while under the influence of intoxicating beverages and/or drugs.
- I agree that no one other than the signed Participant/Renter will be using the equipment mentioned above.
- I understand there will be no refunds on single or multiple day rentals.
No shell will be rented without this understood and signed damage, theft, loss agreement.
Your signature signifies your understanding and agreement.
You received your rental boat in this condition: __________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
- If you, as the renter, loose or break a fin out of the fin slot of your rental shell, your fee to replace the fin alone will be $50.00.
- If you, as the renter, damage the fin slot due to fin loss, your fee to repair the fin slot and replace the lost fin will be a minimum of $250.00.
- If your rental usage scratches the surface of the hull or deck of the shell, wherry or guideboat, the repair fee will be a minimum of $150.00.
- If your rental usage scratches the hull or deck where fiberglass cloth can be seen on the shell, wherry or guideboat, the repair fee will be a minimum of $200.00.
- If your rental usage puts a hole LESS than the size of a dime through the hull or deck of the shell, wherry or guideboat, the repair fee will be a minimum of $500.00.
- If your rental usage puts a hole LARGER than the size of a dime through the hull or deck of the shell, wherry or guideboat, the repair fee will be a minimum of $750.00 however, actual cost of the repair will be determined by a local small boat repair company.
- If your rental usage structurally damages the hull or deck of the shell, wherry or guideboat, such as breaking the rigger / wing off, bending the rigger / wing, pulling the tabs / pedestals off the floor of the hull, dropping the hull resulting in separation of the hull and deck seam, etc. there will be a minimum fee of $900.00 however, actual cost of the repair will be determined by a local small boat repair company.
- You, as the renter, are solely responsible for any damages incurred to the shell, wherry or as outlined above.
- The renter will be fully responsible for the total expense of the shell, wherry or guideboat that is rented regardless if the renter allows a family member or friend to use the rented boat.
- If any shell, wherry or guideboat that you are responsible for through this rental agreement is lost or stolen, the renter will be fully responsible for the total expense of the boat that is rented. Cost of shells, wherries and guideboats are clearly listed on our website.
Signed and understood agreement about your rental shell, wherry or guideboat.
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Printed name SIGNATURE and DATE
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Printed name SIGNATURE and DATE