In consideration of Heavner Canoe and X-C Ski Rental, Inc.("Heavner Canoe Rental") furnishing services and/or equipment to enable me to participate in kayaking, canoeing or other related activities, I agree as follows:
READ CAREFULLY BEFORE SIGNING
I ACCEPT the provided equipment in good condition, and agree to return it in equally good condition. I agree to abide by the Natural Resources and Environmental Protection Act, Marine Safety regulations shown below. I take responsibility that all equipment is accounted for prior to transportation.
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NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION ACT (EXCERPT) Act 451 of 1994 Part 801 MARINE SAFETY
324.80143a Carrying, storing, maintaining, and using marine safety equipment onboard vessel; violation as civil infraction; fine. A person who operates a vessel, or the owner of a vessel who operates or causes or permits the vessel to be operated, on the waters of this state shall carry, store, maintain, and use marine safety equipment onboard the vessel as required by the department. A person who violates this section is responsible for a state civil infraction and may be ordered to pay a civil fine of not more than $100.00.
324.80147 Reckless operation of vessels; penalty. (1) If a person carelessly and heedlessly operates a vessel upon the waters of this state in disregard of the rights or safety of others, without due caution and circumspection, or at a rate of speed or in a manner that endangers or is likely to endanger a person or property, that person is guilty of reckless operation of a vessel and is subject to the penalties described in subsection (3).
324.80176 Operation of or authorizing operation of motorboat while under influence of alcoholic liquor or controlled substance prohibited; visible impairment; defined. (2) The owner of a motorboat or a person in charge or in control of a motorboat shall not authorize or knowingly permit the motorboat to be operated on the waters of this state by a person if any of the following apply: (a) The person is under the influence of alcoholic liquor or a controlled substance, or both. (b) The person has a blood alcohol content of 0.08 grams or more per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine. (c) The person's ability to operate the motorboat is visibly impaired due to the consumption of alcoholic liquor, a controlled substance, or a combination of alcoholic liquor and a controlled substance
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I ASSUME all risk of loss or damage of equipment rented or owned until returned; and I assume all risk of accident or injury or death to myself and party, (and others), based on use of equipment rented by myself and party, until returned as above agreed and will pay for all rental, loss and damage. I agree to pay additional fees if I exceed my contracted rental period and/or .25 cent per mile if requiring transportation from location beyond my intended destination.
I understand while occupying a watercraft, that all occupants must wear a life-vest or personal flotation device (PFD).
I understand that the use of alcohol or a controlled substance is strictly prohibited while occupying a watercraft.
Assumption of Risk and Waiver of Liability
I voluntarily agree to assume all risks associated with my participation in Heavner Canoe Rental's services and use of equipment , and accept sole responsibility for any injury to myself and/or my children (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind, that I may experience or incur in connection with my use of Heavner Canoe Rental's equipment and services.
I, on my own behalf, and for my personal representatives and heirs, hereby forever release, covenant not to sue, discharge, and hold harmless Heavner Canoe Rental, its owners, officers, directors, employees, agents, and representatives, of and from all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating to my use of Heavner Canoe Rental's equipment and services. I understand and agree that this release includes any claims based on the actions, omissions, or negligence of Heavner Canoe Rental, its employees, agents, and representatives.
I represent that I have adequate insurance to cover any injury or illness I may suffer or cause while participating in this activity, or else I agree to bear the costs of such injury or illness myself. I further represent that I have no medical or physical condition 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.
I understand and agree that the law of the State of Michigan will apply to this contract. 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.
I have had sufficient time to read this entire document and, should I choose to do so, consult with legal counsel prior to signing.