Agreement, Waiver and Release of Liability for the use 
of 
Canoes, Kayaks,
 
Paddleboards,
 
and
 
Related
 
Watersports
 
Equipment
This is a Boat (Canoe/Kayak/SUP) and Equipment Use Agreement between “,” and the undersigned, herein called, “USER.” This agreement also constitutes a Waiver and Release of Liability, whereby the USER agrees to release, discharge, hold harmless, defend and indemnify “,” and its employees, subcontractors and agents from any and all claims, actions or losses for bodily injury, property damage, wrongful death, loss of services or any other claim which may arise out of USER’s use of Boats or Equipment, premises or facilities or USER’s participation in paddle sports activities.
By
 
signing
 
this
 
document,
 
USER
 
acknowledges
 
that
 
he/she
 
specifically
 
understands
 
he/she
 
is
 
releasing,
 
discharging
 
and
 
waiving
 
any
 
claims
 
or
 
actions 
that
 
he/she
 
may
 
have
 
at
 
the
 present
 
time,
 
or
 
in
 
the
 
future,
 
for
 
the
 
negligent
 
acts, omissions
 
or
 
other
 
conduct
 
by
 
the
 
employees,
 
subcontractors
 
or
 
agents
 
of
 
“
.
”
    - USER shall obey all applicable state, federal, and local regulations, laws, ordinances, and lawful directives from appropriate emergency or law enforcement personnel, while using Boats or Equipment from “.” USER is solely responsible for any citation or violation occurring during the use of, or as the result of using, Boats or Equipment from “.” USER agrees not to disturb wildlife while using Boats or Equipment from “.”
    
 
    - USER represents that he/she is capable of safely operating and handling the Equipment and finds it in good working order, condition, and repair. USER acknowledges that he/she is responsible for carrying all Boats and Equipment to and from the put-in. USER represents that he/she has adequate skills, knowledge and experience to safely complete the planned activity and that adequate preparations have been made to ensure safe completion of trip.
    
 
    - USER shall bear all risk and responsibility of and for any and all damage, loss or theft of the Boats and/or Equipment, or any portions thereof, including, but not limited to vandalism or theft, and shall pay “”  the full cost of repair or replacement.
    
 
    - USER shall return Boats and Equipment in the condition in which they were received. Upon return, USER must re- rack Boats (emptying out all water and trash) and store Equipment properly. Minimum charges for repairs, labor, and cleaning will be applied in the event that Boats or Equipment require repair or excessive cleaning. USER agrees to use all Boats and Equipment for its designed purpose only.
    
 
    - RECOGNITION OF RISK: USER expressly acknowledges that activities associated with the use of Boats and Equipment involves inherent risks of injury to persons and property. USER IS AWARE OF THOSE RISKS AND UNDERSTANDS THEM. USER acknowledges that Safety Equipment (e.g. Personal Floatation Devices/Life Jackets) are made available and that ALL USERS ARE REQUIRED TO USE SUCH SAFETY EQUIPMENT AT ALL TIMES WHILE USING BOATS AND EQUIPMENT. USER understands that use of such Safety Equipment does not remove all risks of injury; nor does it make paddle activities safe. USER alone has determined the sufficiency of any safety gear or other precautions that USER decides to take in order to minimize the risks of the activity. No party related to “, including employees, subcontractors and agents, has made any representations regarding the safety of, or the risks of, such activities. USER EXPRESSLY ASSUMES THE RISKS OF THE ACTIVITY.
    
 
    - RELEASE
     
    OF
     
    LIABILITY:
     
    USER
     
    hereby
     
    RELEASES
     
    “”
    ,
     
    its
     
    employees,
     
    subcontractors
     
    and
     
    agents
     
    from liability for negligence and HOLDS HARMLESS 
    “
    ,
    ” its employees, subcontractors and 
    agents
     
    from
     
    any
     
    loss,
     
    expense
     
    or
     
    cost,
     
    including
     
    attorney
     
    fees,
     
    arising
     
    out
     
    of
     
    any
     
    damages
     
    or
     
    injuries,
     
    whether
     
    to
     
    persons
     
    or
     
    property,
     
    occurring
     
    as
     
    a
     
    result
     
    of
     
    the
     
    use
     
    of
     
    said
     
    Boats
     
    or
     
    Equipment.
    
 
This
 
agreement
 
constitutes
 
the
 
entire
 
agreement
 
between
 
“”
 
and
 
USER
 
with
 
regard
 
to
 
the
 
use
 
of
 
Boats
and/or
Equipment
and
no
term
may
be
waived
or
modified
(including
provision
against
oral
modification)
except
in
 
writing
 
signed
 
by
 
both
 
parties.
 
There
 
are
 
no
 
warranties,
 
expressed
 
or
 
implied,
 
by
 
“”
 
to
 
USER,
 
except 
as
 
contained
 
herein,
 
and
 
“”
 
shall
 
not
 
be
 
liable
 
for
 
any
 
loss
 
or
 
injury
 
to
 
USER
 
nor
 
to
 
anyone
 
else,
 
of
 
any
 
kind or however caused. This agreement is one of bailment only 
and USER is not a 
“”
 
agent while
 
using
 
said
 
Boat(s)
 
or
 
Equipment.
 
The
 
laws
 
of
 
the
 
State
 
of
 
Maine
 
shall
 
govern
 
this
 
agreement.
NON
 
COMPLIANCE
 
WITH
 
THE
 
ABOVE
 
AGREEMENT
 
MAY
 
RESULT
 
IN
 
CHARGES
 
FOR
 
LOSS
 
OR
 
DAMAGE.
By signing below, USER certifies that he/she has read and understands the above and acknowledges and agrees to the terms and conditions as stated.
 
FOR
 
USERS
 
UNDER
 
18
 
YEARS
 
OF
 
AGE,
 
SIGNATURE
 
OF
 
PARENT
 
OR
 
GUARDIAN
 
IS
 
REQUIRED.
By signing below, I certify that I am the parent/guardian of the Minor who has signed this Agreement. I certify that I have read the Agreement and that I understand the above and acknowledge and agree to the terms and conditions as stated. As the parent/guardian of the above signed, I confirm that the Minor’s date of birth is correct.