Waiver v 2-27-21

 

In connection with its Rental of bicycle (s), kayak (s),  SUPS, (stand up paddle board(s)), sailboats, beach gear, or other equipment (referred to herein as Equipment), or participation in instruction, rides, trips, adventures, or tours (referred to herein as Activity or Activities), and both together referred to herein as Rental, from Fun And Sun Rentals LLC of Scarborough, ME, or its affiliates (referred to herein as Provider),  in exchange for valuable consideration the sufficiency of which is hereby acknowledged, Renter and or user of Rental (together referred to herein as Participant(s)) understands, acknowledges and agrees for him/herself and for all minor children in his or her care, that

ALTHOUGH PROVIDER BELIEVES IT IS FOLLOWING ALL APPLICABLE REGULATIONS REGARDING COVID-19, THERE ARE TOO MANY VARIABLE TO BE CERTAIN THAT THERE IS NO COVID-19 RISK IN ACTIVITIES.  PARTICIPANT HAS READ PROVIDER'S COVID-19 POLICIES ON PROVIDER'S WEBSITE AND WILL COMPLY WITH THEM,

and further agrees as follows.

1.      THIS DOCUMENT IS A LEGALLY BINDING CONTRACT.  READ  CAREFULLY BEFORE SIGNING.

2.      Rental will be used only by individuals who have signed this LIABILTY WAIVER, and minor children in their care.

3.      Provider is responsible for providing the Equipment and does not warrant or guarantee its fitness for the intended use.

4.      Equipment will be inspected  by Participant carefully before use. If any Equipment is deemed unsatisfactory, Participant will advise Fun And Sun Rentals LLC or its agent or representative immediately and Participant will not use the unsatisfactory Equipment or permit it to be used.

5.      There is an inherent risk of accident and/or injury from Rental including paralysis and death. Risks might include but not be limited to slipping, falling, air and water temperature, wind, lightning, river and rip current, tidal and wave action, plants and animals, boats, vehicles, collision, transportation to and from Activity, and uneven or slippery roads and other surfaces.

6.      Participant and or minor children in his/her care have no medical condition that would make him/her unfit for the Activity.

7.      Participant hereby releases, indemnifies, and holds harmless Provider,  its members, owners, employees, contractors and agents, and the owners or lessees of any premises used for Rental, collectively referred to as the Releasees, from any and all claims, losses or liability for any damages and/or injuries sustained in connection with Rental including from the operation, lack of proper supervision, use, or misuse of Equipment. Participant hereby assumes all liability, whether or not arising from the fault or negligence of Releasess, to the fullest extent of the law.

8.      Equipment, including without limitation bicycles, sailboats, kayaks and SUPS, will be used in accordance with all applicable laws and regulations. Children under age 16 on a bicycle must wear a helmet. All bicycle riders should wear helmets which are available for no extra charge from Provider.

9.      Participants on a sailboat, SUP or kayak will wear a life jacket, except that during yoga it may be kept on the board.

10.   Bicycles, sailboats, kayaks, and SUPS will be used only in daylight hours.

11.   Single speed bicycles may be used on the beach, if permitted by applicable laws and regulations.  Renter will wash off all sand and salt with fresh water as soon as any beach ride is completed. Multiple speed bikes may not be used on the beach. Renter will be charged $50 for each bike returned with beach sand in the drive train.

12.   Skidding of bicycle tires is not permitted. It is dangerous and damages the tires. All tires are inspected before rental.  Renter will be charged $50 for each tire damaged by skidding.

13.   Kayaks and SUPS will not be dragged, as dragging causes damage. Carts are available for rent.

14.   Equipment will be returned in the same condition as received, normal wear and tear excepted. Renter assumes all responsibility for misplaced, incomplete, lost and/or stolen equipment.

15.   Paddles do not always float. Renter will be charged $50 for each lost paddle.

16.   Equipment used for recreation in a waterfront area often will get sandy and muddy. Renter will be charged $50 cleaning charge for each piece of equipment returned that is otherwise soiled.

17.a) SAILING QUALIFICATIONS. 1) HOBIE CAT. Sailing experience is not required to rent the Hobie Cat. Renter without experience agrees to listen to a short explanation (approximately 15 minutes) at the departure point  on how to safely sail it. This time will be part of the rental period.  2). O’DAY DAYSAILER. Renter represents and agrees as a condition of Rental that he/she is experienced sailing boats smaller than 20 feet and qualified to to sail this boat. Renter  represents that Provider may rely on this representation.

17.b) SAILBOAT NAVIGATION LIMITATIONS. When sailboats depart from the Pine Point Town Landing (adjacent to the Scarborough town dock), Renter agrees not to allow sailboats to be taken into the channel leading from the Nonesuch River to Saco Bay. When sailboats depart from any other place, Renter agrees that sailboats will not be taken more than one half mile from shore.

17.c) SAILBOAT weather ???????????????????????????

17.d) SAILBOAT ACCIDENTS. Renter agrees to inform Provider immediately of any accident involving the sailboat.  

17.e) LOSS AND DAMAGE DEPOSIT FOR SAILBOAT RENTAL. Renter agrees to authorize a credit card charge of $500 in addition to the cost of Rental as a deposit (the Deposit) against loss due to Late Return, Recovery, Damage, and or Loss of Equipment (herein altogether referred to as the Loss Charges), all as explained in paragraphs 17.f, 17.g, and 17.h hereof. Renter  authorizes Provider to deduct the Loss Charges from the Deposit. Provider will determine the Loss Charges and notify Renter as soon after the return of the sailboat as reasonably possible. Renter further authorizes Provider to charge Renter's credit card for the difference, if any,  between the Deposit and the Loss Charges if the Deposit is less than the Loss Charges . Provider will return to Renter as soon as possible the difference, if any,  between the Deposit and the Loss Charges if the Deposit is greater than the Loss Charges.

17.f) CHARGE FOR LATE RETURN OF SAILBOAT.  Renter agrees to pay $100 per hour for every hour or fraction of an hour for late return of sailboat (Late Return Charge). Late  Return Charge will apply until the sailboat is returned to Provider at the point of departure even if Recovery is required.

17.g) CHARGE FOR RECOVERY OF SAILBOAT. (RECOVERY CHARGE) In the event Renter requires assistance (the Recovery) from Provider to return the sailboat to the point of departure, Renter agrees to pay Provider $100 per man hour or fraction thereof for the time required, plus the actual cost if a third party is hired to recover the boat. The Recovery Charge will apply in addition to Late Charge.

17.h) CHARGE FOR DAMAGE TO SAILBOAT. Renter agrees to pay for damages to the sailboat incurred while it is rented (reasonable wear and tear excluded), and for the loss of or damage to equipment. In addition to what is part of the boat, the O'Day sailboat equipment includes one anchor and line, one paddle, two fenders, two dock lines, one floating throwable Type IV cushion, one signal flare kit, one air horn, one VHF radio, one paper chart, and one reentry strap.

18.   Provider has made no representations, promises or inducement orally or otherwise that are not in this contract.

19.   All disputes resulting from this Rental Agreement and Liability Waiver will be resolved according to the laws of the State of Maine and any and all legal actions will be brought in and take place in  Cumberland County, Maine.

            

 © 2021 by Fun And Sun Rentals LLC         10 Snow Canning Road, Scarborough, ME 04074      (207) 730-1926         v. 2-17-21

Who will be participating?

Adult    

Signee Information

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