In consideration of BDJ Outdoors LLC dba Lakeside Watersport Rentals, the rental premises, Grill’s Lakeside property Lake Fairview and/or equipment to enable me to participate in kayaking, Paddle Boating, paddle boarding and/or motorized tow sports including but not limited to water tubing and/or water skiing; I agree as follows:
I, as the name listed below, fully understand and acknowledge that: (a) outdoor recreational activities like the ones offered at Lakeside Watersport Rentals have inherent risks, dangers, and hazards and such exist in my use of (1)paddle sport equipment, (2) my participation in paddle sport activities and (3) my participation in motorized tow sports. (B) my participation in such activities and/or use of such equipment may result in injury or illness including, but not limited to bodily injury, disease, strains, fractures, partial and/ or total paralysis, death or other ailments that could cause serious disability; (c) these risks and dangers may be caused by the negligence of the owners, employees, officers or agents of Lakeside Watersports Rentals; the negligence of participants, the negligence of theirs, accidents, beaches or contract, the forces of nature or other causes. Risks and dangers may arise from foreseeable or unforeseeable causes including, but not limited to, guide decision making, including that a guide may misjudge terrain, weather, trail or ocean conditions, and water level, risk of falling out of or drowning while paddle sporting and such other risks, hazards and dangers that are integral to recreational activities that take place in a wilderness, ocean, outdoor, or recreational environment.
By my participation in these activities and/ or use of equipment, I hereby assume all risks and dangers and all responsibility for any loses and/ or damages, whether caused in whole or in part by the negligence or other conduct of the owners, agents, officers, or employees of Lakeside Watersports Rentals, or by any other person including myself. I also verify that I am in good health, Not under the influence of any drugs or alcohol of any kind, nor do I have them in my possession, and am capable of pursuing paddle sports, and that my participation in this activity is voluntary. I/we also agree
I , further agree to the following:
• To wear a properly secured USCG approved personal floatation device, of type 3 or better, at all times and necessary safety equipment such as a marine whistle as provided by Lakeside Watersport Rentals.
• That I have the knowledge and ability to swim on my own and/or to self-rescue.
• That Lakeside Watersports Rentals has provided me with a safety video on how to use the equipment properly and safely.
• That Lakeside watersports Rentals has advised me of the recommended usage area (the cove between Grill’s and Lake Fairview marina) and does not advise using equipment outside of this area due to potential strong winds, waves, currents, sudden inclement weather and/or any other outside factor.
• That I understand that due to inclement weather and my safety, that all activities my be cancelled and rescheduled at a later time with no promise of refunds.
• That I understand, that use of rented equipment will be on a shared public lake and that outside safety conditions may exist beyond the control of Lakeside Watersport Rentals and it’s staff.
• That Lakeside Watersport Rentals is not responsible for any reason for personal property loss and/or damage.
• That if I go beyond my allotted time rental, Lakeside Watersports Rentals reserves the right to charge me for additional time (not to exceed $30 for each full or partial hour over the amount rented). There will be up to a 5-minute grace period after rental in the event I have not returned the equipment in time.
• That if myself, someone else or their property damages or destroys the equipment while I have rented it; I agree to pay for the damages/ loss (not to exceed initial full value of equipment). If I fail to pay for damages, I agree Lakeside Watersports Rentals to pursue compensations as allowed by the fullest extent of the law.
• That if within 5 minutes of my rental time ending, I am not back to the equipment launch area or almost to the launch; Lakeside Watersports Rentals reserves the right to check-up on me, ask if you want additional rental time for a charge and/or offer a rescue in the event I will not/ cannot make it back to the launch area. If I decline, I will be given up to a 10 minute (but not to exceed 5 minutes after original return time) grace period to return the equipment. If I have still not return after the grace period, Lakeside Watersports Rentals reserves the right to exercise a mandatory rescue option for a fee of $10 per person to be paid immediately upon return to launch area.
I, on behalf of myself, my personal representatives and my heirs, hereby voluntarily agree to release, discharge, hold harmless, defend and indemnify Lakeside Watersports Rentals, Grill’s Lakeside and its owners, officers, and employees from any and all claims, actions or losses for bodily injury, property damage, wrongful death, loss of services or otherwise which may arise out of my use of paddle sport equipment, motorized tow sports/ equipment, activity premises or my participation in paddle sport activities/ motorized tow sports activities. I specifically understand that I am releasing, discharging, and waiving any claims or actions that I may have at present time or in the future for the negligent or non-negligent acts or other conduct by the owners, agents, officers or employees of Lakeside Watersports Rentals and Grill’s Lakeside.
Liability Waiver and Release Form (Minor Child) – Extension of Adult Form
THIS IS A RELEASE OF LEGAL RIGHTS — READ AND UNDERSTAND BEFORE SIGNING
I hereby certify that I am the adult parent or guardian of the minor child list below, a minor child under the age of eighteen years, and I consent to his/her participation in recreational activities at an Lakeside Watersports Rentals (the “lake”) located at Grill’s Dockside operated and maintained by BDJ Outdoors LLC dba Lakeside Watersport Rentals, operating on Grill’s Lakeside property (“Grill’s”) and his/her use of paddle sport/ motorized tow sport equipment. I understand and acknowledge that I am fully aware of and assume the risks (including but not limited to the risk of serious bodily injury/ death, property loss or damage) of (1) said minor child’s participation in recreational activities at the lake (2) his/her use of the equipment (3) that I will join/ supervise my child at all times. I recognize my responsibility to ensure that said minor child participates only in those activities for which he/she has the required skills, qualifications, training and physical conditioning. I understand that Lakeside Watersport Rentals and/or Grill’s shall have no responsibility to pay for medical treatment and/or any related or unrelated related costs if said minor child is injured. Knowing the risks described above and on page one (1) of this waiver/ agreement, I agree, personally and on behalf of the minor child named above, to assume all the risks and responsibilities surrounding my minor child’s use of the Lake and the Equipment as described previously. To the fullest extent allowed by law, I hold harmless and agree to indemnify Lakeside Watersport Rentals, Grill’s Lakeside, its officers, directors, faculty, staff, volunteers, employees and agents, from and against any present or future claim, cause of action, loss or liability for injury to person or property, which said minor child may suffer or for which said minor child may be liable to any other person, related to said minor child’s participation in recreational activities at the Lake and use of the equipment, resulting from any cause whatsoever, and regardless of fault. I am at least eighteen years of age and have carefully read and freely signed this Liability Waiver and Release Form (Minor Child).