Legal Waiver and Rental Agreement
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:
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.
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.
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:
Backcountry Packraft Rentals, LLC
(A Montana limited Liability Company)
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.
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.
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.
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.
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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Document Name: Legal Waiver and Rental Agreement
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