Legal Waiver and Rental Agreement


PARTICIPANT AGREEMENT, RELEASE AND ASSUMPTION OF RISK    

In consideration of the services of Backcountry Packraft Rentals LLC, their agents, owners, officers, volunteers, employees, and all other  persons or entities acting in any capacity on their behalf (hereinafter collectively referred to as "BCPRR"), I hereby agree to release,  indemnify, and discharge BCPRR, on behalf of myself, my spouse, my children, my parents, my heirs, assigns, personal representative,  and estate as follows:  

  1. I acknowledge that my participation in Pack Raft Activities entails known and unanticipated risks that could result in physical or  emotional injury, paralysis, death, or damage to myself, to property, or to third parties. I understand that such risks simply cannot be  eliminated without jeopardizing the essential qualities of the activity.  

The risks include, among other things: slipping and falling; accidental drowning; major injuries are a risk as are sprains, strains,  scratches, bruises, abrasions, cuts, lacerations, broken bones, fractures, musculoskeletal injuries including head, neck, and back injuries;  injuries to internal organs; loss of fingers or other appendages; whitewater rapids may be encountered; collision with fixed or moveable  objects or other watercraft; being jolted, jarred and shaken about during rides; contact with food boxes, other storage containers, or other  fixed equipment necessary to the operation of the expedition and the outfitting of the raft; “washed” overboard resulting in having to  swim rapids risking collision with rocks and entanglement in trees; damage to equipment or personal injury; exposure to temperature and  weather extremes which could cause cold water shock, hypothermia, hyperthermia (heat related illnesses), heat exhaustion, sunburn,  dehydration; exposure to sun, strong wind, cold, storms, large waves, eddies and whirlpools, and lightening; exposure to potentially  dangerous wild animals, insect bites, aggressive and/or poisonous marine life and hazardous plant life; equipment failure; improper lifting  or carrying; travel in remote areas with poor or no access to emergency and/or medical services; my own physical condition, and the  physical exertion associated with this activity; transmissible pathogen or disease. Traveling to and from activity locations raises the  possibility of any manner of transportation accidents.  

 Furthermore, BCPRR personnel have difficult jobs to perform. They seek safety, but they are not infallible. They might be unaware  of a participant's fitness or abilities. They might misjudge the weather or other environmental conditions. They may give incomplete  warnings or instructions, and the equipment being used might malfunction.  

  1. I expressly agree and promise to accept and assume all of the risks existing in this activity. My participation in this activity is purely  voluntary, and I elect to participate in spite of the risks. Additionally, I agree to wear a U.S. Coast Guard approved personal flotation  device (life jacket) while participating in this activity.  
  2. I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless BCPRR from any and all claims, demands,  or causes of action, which are in any way connected with my participation in this activity or my use of BCPRR's equipment or facilities,  including any such claims which allege negligent acts or omissions of BCPRR.  
  3. Should BCPRR or anyone acting on their behalf, be required to incur attorney's fees and costs to enforce this agreement, I agree to  indemnify and hold them harmless for all such fees and costs.  
  4. I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating, or else I agree to bear  the costs of such injury or damage myself. I further certify that I am willing to assume the risk of any medical or physical condition I  may have.  
  5. In the event that I file a lawsuit against BCPRR, I agree to do so solely in the state of Montanta and I further agree that the substantive  law of that state shall apply in that action without regard to the conflict of law rules of that state. I agree that if any portion of this  agreement is found to be void or unenforceable, the remaining document shall remain in full force and effect.  

By signing this document, you may be waiving your legal right to a jury trial to hold the provider legally responsible for any injuries  or damages resulting from risks inherent in the sport or recreational opportunity or for any injuries or damages you may suffer  due to the provider's ordinary negligence that are the result of the provider's failure to exercise reasonable care. I also agree that  this document is valid for subsequent visits and participation at BCPRR. I have had sufficient opportunity to read this entire  document. I have read and understood it, and I agree to be bound by its terms.  

Print Name:

DOB:

Phone Number:

Email:

Address:

City:

State:

Zip:

Name of primary contact regarding this reservation if booking with a group: 

 PARENT'S OR GUARDIAN'S ADDITIONAL INDEMNIFICATION   (Must be completed for participants under the age of 18)  

In consideration of the following minor(s): (print name(s))  

being permitted by BCPRR to participate in its activities and to use its equipment and facilities, I further agree to indemnify and hold  harmless BCPRR from any and all claims which are brought by, or on behalf of minor(s), and which are in any way connected with such  use or participation by minor(s). Minor(s) DOB(s)  

Parent or Guardian:

Print Name:

Date: 

Rental Agreement

Backcountry Packraft Rentals, LLC

(A Montana limited Liability Company)

LATE FEES

I agree that all equipment is due on the date specified at the time I book my trip and must be either returned to Backcountry Packraft Rentals, LLC (“BPR”) in person by the agreed upon return date, or postmarked for return shipping on the prearranged return shipping day. The prearranged return shipping day is the day after the end of the rental period (unless otherwise specified in writing). I understand that items will be counted late if they are dropped off at a ship center after the shipping carrier pickup for that day has already occurred.  If equipment is returned late, a late fee will be charged amounting to two times the rate of the last day of the rental for each piece of equipment (raft, paddle etc.) for each day not returned. I agree to pay late fees, replacement fees, repair fees and cleaning fees as outlined in this document and as assessed by BPR.  I authorize the use of my on-file credit card for this purpose.

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ACCEPTING EQUIPMENT

I agree to inspect all equipment rented from BPR. If upon inspection of the equipment shipped, I find any damage or missing parts before I have used the equipment, I agree to promptly notify BPR of such damage(s) or missing part(s). I understand that if I fail to promptly notify BPR of such damage or missing parts before I use the equipment, I will be held responsible for that damage and any additional damage that may occur during the time the equipment is rented in my name. I authorize the use of my on-file credit card for this purpose.

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REPAIR AND REPLACEMENT FEES

I accept full responsibility for the care of all rented equipment. If any equipment is lost, stolen and/or damaged, I understand that I will be charged an amount equivalent to the replacement value of the entire item(s), or the repair cost if the item is repairable, in the sole discretion of BPR. If a part is broken or lost and can be replaced, the cost of the part will be assigned as a repair fee. Renters will be contacted with the total fee amount prior to their card being charged. I authorize the use of my on-file credit card for this purpose.

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CLEANING FEES

Renters who return dirty or wet equipment will be charged a cleaning fee. The cleaning fee will vary, with a maximum charge allowed of $50 per item. Renters are strongly encouraged to clean and dry all rented equipment items before return to BPR. I authorize the use of my on-file credit card for this purpose.

Please initial  

PFDS

While using the rental equipment I agree to always wear (1) a properly fitted Personal Flotation Device, (2) and a Coast Guard approved Type III Personal Flotation Device. I will not use the rental equipment or gear on or in any whitewater that exceeds Class III status, as defined by American Whitewater.

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Signature Certificate
Document name: Legal Waiver and Rental Agreement
lock iconUnique Document ID: 7cc784b050a2a019e225a11d3eb8b5b2a82e60b2
Timestamp Audit
February 21, 2019 9:34 pm MDTLegal Waiver and Rental Agreement Uploaded by Matt Harrington - backcountrypackrafts@gmail.com IP 174.231.86.143
March 1, 2019 5:27 pm MDTMatt Harrington - backcountrypackrafts@gmail.com added by Matt Harrington - backcountrypackrafts@gmail.com as a CC'd Recipient Ip: 66.7.222.116
March 26, 2019 10:19 am MDTMatt Harrington - backcountrypackrafts@gmail.com added by Matt Harrington - backcountrypackrafts@gmail.com as a CC'd Recipient Ip: 73.161.221.225
March 26, 2019 10:20 am MDTMatt Harrington - backcountrypackrafts@gmail.com added by Matt Harrington - backcountrypackrafts@gmail.com as a CC'd Recipient Ip: 73.161.221.225
March 26, 2019 10:24 am MDTMatt Harrington - backcountrypackrafts@gmail.com added by Matt Harrington - backcountrypackrafts@gmail.com as a CC'd Recipient Ip: 73.161.221.225
April 1, 2019 9:51 am MDT Document owner rjhallsted@gmail.com has handed over this document to backcountrypackrafts@gmail.com 2019-04-01 09:51:25 - 96.75.38.206
April 1, 2019 9:51 am MDTMatt Harrington - backcountrypackrafts@gmail.com added by Matt Harrington - backcountrypackrafts@gmail.com as a CC'd Recipient Ip: 96.75.38.206
April 23, 2019 6:36 pm MDTMatt Harrington - backcountrypackrafts@gmail.com added by Matt Harrington - backcountrypackrafts@gmail.com as a CC'd Recipient Ip: 174.208.15.38
July 5, 2019 6:01 pm MDTMatt Harrington - backcountrypackrafts@gmail.com added by Matt Harrington - backcountrypackrafts@gmail.com as a CC'd Recipient Ip: 174.208.36.248