American River Rentals
Release and Waiver of Liability and Assumption of Risk Agreement
I, the undersigned, as a participant, as the parent or guardian of the participant and/or the authorized representative of a specific group of participants [“Participant(s)”], hereby confirm, acknowledge and agree that: Participant(s) are voluntarily participating in the sport of river rafting and utilizing equipment rented from American River Raft Rentals, Inc. (the “Activity”); that the Activity is an inherently dangerous sport and that injuries and fatalities can and do occur while participating in such Activity; Participant(s) have been instructed to wear a Coast Guard-approved type I, II, III or V Personal Flotation Device (PFD) at all times on or within 10 feet of any waterway; Participant(s) will inspect the property, facilities or equipment of Releasees; Participant(s) are in good health and have no physical condition that would prevent Participant(s) from participating in the Activity; and Participant(s) hereby assume any and all risks of personal injuries and/or death. Participant(s), and each of them, for themself, the minor and/or for the group of participants and their respective heirs, successors, assigns, executors and administrators, do hereby (i) assume all risks relating to the Activity, (ii) agree to waive, release, forever discharge, indemnify and hold harmless American River Raft Rentals, Inc., and the County of Sacramento and all of their respective shareholders, directors, officers, employees, agents, affiliates, subsidiaries, heirs, personal representatives, successors, assigns and insurers (collectively “Releasees”) from any and all injuries/death, claims, losses and/or liability whatsoever that Participant(s) may suffer attributable to, arising out of or in any way related to Participant(s)’ participation in the Activity and/or the use of Releasees’ property, facilities or equipment, whether the same shall arise by Releasees’ negligence or otherwise occurring on this date: ________/______/_________.
The release and waiver of liability as herein contained: (i) is given in consideration for Participant(s)’ use of Releasees’ property, facilities or equipment which Participant(s) deem adequate, an (ii) shall be construed in accordance with the laws of the State of California. If any portion of this agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable, and the failure of Releasees to enforce any provision of this agreement shall not be construed as a waiver or limitation of Releasees' right to subsequently enforce and compel strict compliance with every provision of this agreement.
I, the undersigned, have read and understand this release and waiver of liability agreement.
SECURITY DEPOSIT. The Customer shall authorize a security deposit of $100 for rafts, and up to the full amount of tube cost, at the time that this Rental Contract is signed. This deposit will be returned to the Customer after the termination of this Rental, subject to the option of the Company to apply it against
Rental charges and damages, late fees, cleaning fees, loss or added services. Any amounts refundable to the Customer shall be refunded by the Company within two to seven business days from the time this Rental is terminated. The security deposit shall not bear interest.
RISK OF LOSS OR DAMAGE. The Customer assumes all risks of loss or damage to the equipment from any cause, and agrees to return it to the Company in the condition received from the Company, with the exception of normal wear and tear. The Company or their appointed agent will determine normal wear and tear. All determinations made by the Company are final. We do not offer any kind of insurance to cover the Customer or occupants. Damage waiver covers up to $100 of repairable damage to raft only, and $5 for tubes – not loss or damage to vests, paddles or other rented equipment. The Customer is responsible for any costs resulting from damage to the boat or loss of equipment. The repair figure may be much higher than the security deposit up to the replacement cost of the watercraft and other equipment.
REPLACEMENT EQUIPMENT FEES. Raft replacement cost is dependent on the size and year of the raft. The minimum replacement cost for rafts is $900. Other equipment replacement costs are as follows: *Raft Paddles: $30.00 ea. *Kayak Paddles: $50.00 ea. *Type II Life Vests: $15.00 ea. *Type III Life Vests: $40.00 ea. SUP paddles $75.00 ea. Helmets $15.00 ea.
RENTAL TERM. This Rental shall begin on the above effective date and shall terminate on return in fully working condition to the above designated equipment return location. Rentals are charged per day and the equipment is due to be checked in by 6:00 pm of the same day that it is rented out. At any time the Company has the right to terminate the Rental.
LATE FEES. Rentals that are not returned by 6:00 pm of the same day will be charged $30.00 per hour / per watercraft for every hour that they are late up to but not exceeding the replacement cost of the watercraft and other equipment.
CARE AND OPERATION OF EQUIPMENT. The equipment may only be used and operated in a careful and proper manner. Its use must comply with all laws, ordinances, and regulations relating to the possession, use, or maintenance of the equipment. Taking equipment beyond the above designated equipment return location is strictly prohibited. Equipment taken beyond the equipment return location or to other locations will be considered stolen property resulting in loss of deposit. Anyone in possession of stolen property will be prosecuted to the full extent that the law allows.
RETURN OF EQUIPMENT. At the end of the Rental period, the Customer shall be obligated to return the equipment to the Company at the designated “put- in” and “take-out” points determined by the Company, which are subject to change without notice by the Company. Any costs related to the rented equipment incurred during or at the end of the rental, including pick-up at alternative locations will be charged to the Customer, per the amount determined by Company.
ACCEPTANCE OF EQUIPMENT. The Customer shall inspect each item of equipment delivered pursuant to this Rental. The Customer shall immediately notify the Company of any discrepancies between such item of equipment and the description of the equipment in the Equipment Schedule. If the Customer fails to provide such notice at the time of renting the equipment, the Customer will be conclusively presumed to have accepted the equipment as specified in the Equipment Schedule. Any subsequent claim that the equipment was not provided in fully functional order will not be considered.
FAILURE TO PERFORM. If the equipment fails to perform after the initial acceptance it will be the responsibility of the customer to notify the Company so it can correct the problem. Repair costs may apply and may be charged to the Customer. The Company will not be held responsible for any failure of equipment for any reason and the equipment will remain on rental unless a dispensation is granted in writing by the Company to waive the rental fees for the period of non-performance. The company will not be held responsible for any errors or omissions due to the Customer’s lack of operational or technical capability.
OWNERSHIP AND STATUS OF EQUIPMENT. The Company shall be deemed to have retained title to the equipment at all times, unless the Company transfers the title by sale. The Customer shall immediately advise the Company regarding any notice of any claim, levy, lien, or legal process issued against the equipment.
WARRANTY. The Company makes no warranties; express or implied, as to the equipment rented. The Customer assumes the responsibility for the condition of the equipment.
INDEMNITY OF COMPANY FOR LOSS OR DAMAGES. If the equipment is damaged or lost, the Company shall have the option of charging the Customer to repair the equipment to a state of good working order, or replace the equipment.
LIABILITY AND INDEMNITY. Liability for injury, disability, and death of persons caused by operating, handling, or transporting the equipment during the term of this Rental is the obligation of the Customer, and the Customer shall indemnify and hold the Company harmless from and against all such liability; also, the Customer shall indemnify and hold the County of Sacramento harmless from and against all such liability.
It is understood that this activity involves an element of risk and a danger of accidents and knowing those risks I hereby assume those risks. I hereby assume all responsibility for the health and safety of all persons using the equipment I am renting from an authorized Franchising the American Rivers, LLC “American River Rentals” Franchisee, and release Franchising the American Rivers, LLC, and its authorized Franchisee entities, the County entity where the Activity took place, and their respective officers, agents and employees from any responsibility they might otherwise have for me or such persons.
RIGHTS ON DEFAULT. If the Customer is in default under this Rental, without notice to or demand on the Customer, the Company may take possession of the equipment as provided by law, deduct the costs of recovery (including attorney fees and legal costs), repair, and related costs, and hold the Customer responsible for any deficiency. The Company shall be obligated to re-rent the equipment, or otherwise mitigate the damages from the default, only as required by law.
ASSIGNMENT. The Customer shall not assign or sublet any interest in this Rental or the equipment or permit the equipment to be used by anyone other than the Customer or Customer's party, without Company's prior written consent.
ENTIRE AGREEMENT AND MODIFICATION. This contract constitutes the entire agreement between the parties. No modification or amendment of this contract shall be effective unless in writing and signed by both parties. This contract replaces any and all prior agreements between the parties. I agree to all of the clauses contained in this Rental Contract.
GOVERNING LAW. This contract shall be construed in accordance with the laws of the State of California.
SEVERABILITY. If any portion of this contract shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this contract is invalid or unenforceable, but that by limiting such provision, it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
WAIVER. The failure of either party to enforce any provision of this contract shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this contract.
PHOTO RELEASE. I give permission to use my or my child's photograph publicly to promote American River Raft Rentals. I understand that the images may be used in print publications, online publications, presentations, websites and social media. I also understand that no royalty, fee or other compensation shall become payable to me by reason of such use.