Release of Liability, and Assumption of Risk
I. DISCLAIMER
This Waiver and Release is applicable to all renters, operators, passengers, and users of equipment provided by Wisconsin Canoe Company. *(For purposes of this Waiver and Release, the term “Wisconsin Canoe Company” includes all employees, agents, representatives, servants, assigns, successors, insurers and subsidiaries of Wisconsin Canoe Company). If any other rental agreement is used in addition to, or in conjunction with, this Release, the provisions of this Release shall prevail over any other clauses in the rental agreement that are inconsistent with this Release. The undersigned agrees that he/she is also signing this Release on behalf of undersigned’s minor children. Renter agrees that he/she will disclose to Wisconsin Canoe Company all potential operators, passengers, and users of said rental equipment. Renter further agrees that in the event that he/she fails to notify Wisconsin Canoe Company of all potential operators, passengers, or users of said equipment, he/she will assume liability for any damages to the undisclosed individuals.
II. EXPRESS ASSUMPTION OF RISK
The undersigned hereby agrees that he/she is renting, operating or using the equipment provided by Wisconsin Canoe Company at his/her own risk. The undersigned agrees that he/she is voluntarily participating in all activities related to the rental, operation, or use of the rental equipment, and assumes all risk of injury, illness, damage or loss that might result, even if the risks arise out of the negligence or fault of Wisconsin Canoe Company. Potential risks include but are not limited to: drowning, moving water situations (i.e.: any and all rapids, waterfalls, river currents, etc.), lightning (on water or on land), wind (on water or on land), domestic fire (i.e.: stoves, campfires, etc.), wildfire (i.e.: forest fire, etc.), falling objects (i.e.: rocks, trees, tree branches & limbs, etc.), trip hazards (in camp, on portages, hiking, etc.), wildlife & plants (i.e.: scratching or biting animals, poisonous plants, etc.), absence of medical assistance (i.e.: lack of quick response medical help and/or difficulty with emergency evacuation, etc.). The undersigned also understands that there are unknown risks which cannot be anticipated, and that he/she cannot be informed about all of the potential risks and dangers inherent to wilderness canoeing and camping. This wilderness area is a constantly changing environment.
III. WAIVER/RELEASE OF LIABILITY
By the execution of this Release, the undersigned agrees that Wisconsin Canoe Company shall not be liable for any damages arising from personal injuries sustained by the undersigned or any minor children under the undersigned’s custody, care, and control, as a result of any and all activities related to the rental, operation, or use of equipment provided by Wisconsin Canoe Company. The undersigned assumes full responsibility for any such injuries or damages which may occur, and further agrees that Wisconsin Canoe Company shall not be liable for any loss or theft of personal property.
IV. LIABILITY TO THIRD PARTIES
The undersigned hereby agrees that he/she will indemnify and hold harmless Wisconsin Canoe Company for all personal injuries, property damages, or any other damages to any and all third parties, including, but not limited to, operators and passengers of other watercraft and minor children under the undersigned’s custody, care, and control, as a result of any and all activities related to the rental, operation, or use of equipment provided by Wisconsin Canoe Company, even if such damages arise out of the negligence or fault of Wisconsin Canoe Company.
V. DAMAGE DEPOSIT
Wisconsin Canoe Company will not collect a damage deposit. Upon return, a Wisconsin Canoe Company representative will inspect the equipment for damage. If damage occurs, renter agrees he/she is fully responsible for the remainder of the costs incurred to repair or replace the watercraft to the same condition as the time the rental agreement was started. The renter also understands that he/she is responsible for the retrieval and/or replacement of the watercraft, life jacket, paddles or any other items, if these items are in any way lost, stolen or misplaced during the rental period. If any damage occurs, Wisconsin Canoe Company will provide an itemized repair bill, including lost rental time (lost rental time begins with the date of the itemized repair bill, and stops when the watercraft is once again available for rental). The itemized repair bill, including lost rental time, and reasonable attorney’s fees must be paid in full upon renter’s receipt of the bill.
VI. CONDITION OF BOAT UPON RETURN
The Renter shall return the boat to the specified location clean and free of garbage and debris, in the same condition in which the boat was rented with ordinary wear and tear being acceptable.
VII. ACKNOWLEDGMENT OF WAIVER AND RELEASE
The undersigned states that he/she has had sufficient time to review the Waiver and Release and to ask any questions associated with said Release. The undersigned further states that he/she has carefully read the foregoing Waiver and Release, knows the contents thereof, and has signed this Release as his/her own free act. The undersigned warrants that he/she is aware that he/she may rent, operate, or use equipment from another rental facility, but has chosen to rent, operate, or use equipment from Wisconsin Canoe Company with the knowledge that signing this Release is a requirement for rental, operation, and use of said equipment. The undersigned further warrants that he/she is fully aware that he/she is waiving any right he/she may have to bring a legal action to assert a claim against Wisconsin Canoe Company for Wisconsin Canoe Company’s negligence.