Waiver Forms: San Gabriel Paddlesports Kayak Rental Agreement About you: Name of Lessee_________________________________________________________________ Address__________________________________________Email__________________________ City____________________________________State_________________Zip________________ Home Phone______________________________Cell Phone___________________________ About Your Rental: Diablo Amigo ______ Slayer Propel _______ To Be Operated: Within Lake Georgetown_________ San Gabriel River________ Other (specifiy)_________________________________________________________________ Operating and Safety Rules Explained by _____________ Date: _____________ Time Out: _________________ Time Due Back: ______________ I/We will return kayak in the condition it was presented to me in. I/We also acknowledge the agreed time of return and agree to pay per hour or next hour rental for later return. Rate: $___________ 3 Hour __________; additional hours _____________ ABOUT THIS AGGREEMENT: I, the Lessee, have read and agree to the terms of this agreement contained on these forms. Te operating and safety rules regarding this vessel have been clearly explained to me/us. Lessee expressly waives any claim for personal injuries to his/her own person or third parties in connection with the use of the equipment and acknowledges that he/she is assuming voluntary risk to his or her person in using the equipment. Lessee further warrants that he/she is over 18 years of age (or has guardian's permission for rental of equipment) and that the names and other information provided on this lease is correct. If the equipment is lost, stolen, or damaged beyond normal wear, Lessee is responsible for the full cost of repair and/or replacement. San Gabriel Paddlesports, 2905B Whisper Oaks, Georgetown, TX, 78628 (512) 677-2231 Terms and Condidtions of Rental 1. Lease: Lessee hearby leases from Lessor the personal property described in this agreement or on any schedule made part herof by the parties. Lessee has carefully examined each item and accepts each item as being in good order and repair. 2. Termination: The lease shall terminate on the date or time indicated. 3. Surrender: Upon expiration or earlier termination of this lease, Lessee at his expense, shall return the equipment in good repair (ordinary wear and tear resulting from proper use thereof alone excepted). 4. Location: The equipment shall be operated at the location(s) specified. 5. Use: Lessee shall use the leased equipment in a careful and proper manner and shall not permit any leased equipment to be operated or used in violation of any applicaple federal, state, or local statute, ordinance, rule, or regulation. Lessee agrees to reimburse Lessor in full for all damage to the equipment arising from any misuse or negligent act by Lessee. It's employee and it's agents, and Lessee shall idemnify and hold Lessor harmless from any liabilities, forfeitures, or penalties for violations of any federal, state, or local statute, oridnance, rules or regulation relating to the possesion, use or maintenance of the equipment. 6. Repairs: Lessee has carefully examined each item and accepts each item as being in good order and repair. Lessee at his/her expense, shall be responsible for any loss or repairs for damage to leased equipment caused during the terms of this agreement. 7. Liability and Assumption of Risk: Lessee assumes all risk and liability for the loss of or damage to the equipment, for the death of or injury to any person or property, and for all other risks and liabilites arising from the use, condition, possession, or storage of the leased equipment. Nothing in this lease shall authorize Lessee or any other person to operate any of the equipment so as to impose any liability or other obligation on Lessor. 8. Idemenity: Lessee shall idemnify, defend, and hold harmless the Lessor, it's agents, and it's employees from any and all claims, loss, or damage Lessee may sustain or suffer arising from the use, condition, possesion, or storage of any leased equipment including, but not limited to claims concerning the loss of or damage to the equipment, the death of or injury to any person, or the damage to any property arising out of or related to Lessee's use, condition, possession, or storage of said equipment. Lessee shall reimburse Lessor for all expenses, losses, liability, and claims of any type, including reasonable attorney fees imposed on or incurred by Lessor because of Lessee's use or operation of any leased equipment or because of the failure of Lessee to perform any of the lease's terms. 9. Assignments and Subleases: Lessee shall not assign this lease, nor shall Lessee assign or sublet any interest in or to any of the equipment herein leased, to any person or persons without the written consent of the Lessor first being obtained. Furthermore, Lessee shall not suffer or allow any of the leased equipment to come into the custody or control of any person or persons, other than the Lessee during the term of this lease. 10. Lessee in Default: Lessor, at it's option, may declare Lessee in default if Lessee fails to comply with the terms of this lease including any of the following. If any attachment or other legal process shall at any time be levies upon the leased equipment or if the leased equipment shall be taken under any writ or attachment or other legal process, for or upon any debt or demand now due from said Lessee to any personor persons, or if Lessee fails to make payments or perform any of it's obligations under this lease. Upon default of Lesee, this lease shall terminate and become void, and the right of possesion in and to said goods and chattels, and ever part thereof, shall revert to, and vest in the Lessor, and the Lessor shall have the right, without notice or servic, to take said goods and chattel, and evey part thereof, from the Lessee without legal process. 11. Collection of Rent: All reasonable costs, expenses, and attorney's fees connected with the collection of rent owed to the Lessor under the agreement or connected to the Lessor's restoration of possessionof the leased equipment shall be borne by the Lessee. Lessee agrees not to raise any claim of defense against Lessor arising out of this lease as a defense, counterclaim or offset to any action by any Assignee for the unpaid balance of rentals due under the lease or for possesion of the leased equipement. San Gabriel Paddlesports, 2905B Whisper Oaks, Georgetown, TX, 78628 (512) 677-2231 Kayak Rules Please read each rule and check off where indicated. These rules are for your safety as well as others who share the waterways. Keep our lake free of accidnets. Please be courteous and safe! ____1. Personal Flotation Devices (PFDs) are provided and must be worn at all times while inthe water and kayak. ____2. No paddling, swimming, drifting or floating within 200ft of the dam area. ____3. Kayaks rentals are for Lake Georgetown and/or San Gabriel River use only, unless otherwise agreed upon (Specify here___________________________). Criminal charges will be filled upon all unauthorized violations. ____4. No horseplay, ramming, tipping, or rolling the kayaks. ____5. Swim at your own risk. There are no lifeguards! Be careful! ____6. Please be aware of all motorized watercrafts upon the lake/river. ____7. There is always a possiblity of a midday storm. Please take precautions by getting yourself to a safe location and take proper clothing. ____8. You are responsible for all dmaaged to watercraft while under your rental term. Body damage to kayaks and equipment and/or lost stolen watercraft are your responsibility. ____9. Do not litter or throw trash in lake, river, or surrounding areas. Keep our lakes and rivers clean! ____10. Fisherman- DO NOT CLEAN FISH IN, ON, OR NEAR KAYAKS. ____11. All rentals must be returned to agreed upon loaction and time at end of rental agreement. ____12. Take shelter during all electrical and wind storms. San Gabriel Paddlesports, 2905B Whisper Oaks, Georgetown, TX, 78628 (512) 677-2231 Acknowlegement and Assumption of Risk and Release of Liability Agreement In consideration of being allowed to participate in paddlesports, specifically including kayaking and/or being provided with paddlesport recreational property or services, for myself and my minor children for whom I am parent, legal guardian, or otherwise responsible and for myself/our heirs, personal representatives or assigns: 1. Acknowlegement of Risks: I acknowlege that some, but not all of the risk of participating in paddlesport activities include: 1. Changing waterflow, tides, currents, wave action and ship's waves. 2. Collision with and of the following: other participants, the watercraft, other watercraft, and man-made or other natural objects. 3. Windshear, inclement weather, lightning, variance and extremes of wind, weather, and temperature. 4. My sense of balance, physical coordination, abillity to operate equipment, swim, and/or follow directions. 5. Collision, capsizing, sinking, or other hazards which result in wetness, injury, exposure to the elements, hypothermia, and/or drowning. 6. The presence of insects and marine life forms. 7. Equipment failure or operator error. 8. Heat or sun related injuries or illenesses, including sunburn, heatstroke, or dehydration. 9. Fatigue, chill and/or dizziness which may diminish my/our time and increase the risk of an accident. 2. Express Assumption of Risk and Responsibilty: I agree to assume responsibility for all the risk of the activity, whether identified above or not. (Even those arising out of the negligence of the Lessee named below). My/our participation in the activity is purely voluntary. I assume full repsonsibility for myself and my minor children for whom I am responsible for any bodily injury, accident, illness, paralysis, death, loss of personal property, and expenses thereof as a result of any accident which may occur while I/we participate in the activity (even if caused in part, by the negligence of the Lessee named below). 3. Release: I hearby release SAN GABRIEL PADDLESPORTS, (The Lessor), it's principals, directors, officers, agents, employees, and volunteers, their insurers and each and every land owner, municipal and/or government agency upon whose property an activity is conducted (owner) and their insurers, if any. I hereby collectively "release" from any and all injury or damage, including death, name Lessee and other person(s) as a result of my/our participationin the activity. Even if caused in whole or in part by the negligence of the Lessee named above. I HAVE READ THIS ASSUMPTION AND ACKNOWLEDGEMENT OF RISKS AND RELEASE OF LIABILITY AGREEMENT. I UNDERSTAND THAT BY MY SIGNATURE ON THIS DOCUMENT, I AM WAIVING MY RIGHTS, INCLUDING ANY RIGHTS I MAY HAVE AGAINST THE OWNER, THE OPERATOR NAMED ABOVE OR THEIR EMPLOYEES, AGENTS, SERVANTS, OR ASSIGNS. I agree to ear a U.S. Coast Guard approved PFD lifejacket (provided) while participating in water activities or operating a watercraft. I have read and understand all pages of this contract. Signatures are for rental, rules and liability agreement. Participant name: (please print)______________________________________ age_____ Parent/guardian (if under 18)_________________________ Relation_________________ Signature________________________________________________ Date:_________________ Emergency contact name and number__________________________________________________________________________ San Gabriel Paddlesports, 2905B Whisper Oaks, Georgetown, TX, 78628 (512) 677-2231