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EQUIPMENT RENTAL AGREEMENT, WAIVER AND RELEASE OF LIABILITY
I fully understand and acknowledge that outdoor recreational activities have inherent risks, dangers and hazards and such risks exist in any use of kayaking, canoeing and other equipment that I may rent from Stone Harbor Wilderness Supply, LLC. ("Stone Harbor"). My participation in such activity and/or use of such equipment may result in injury or illness, including, but not limited to, bodily injury, disease, strains, fractures, partial and/or total paralysis, death or other ailments that may cause serious disability. These risks and dangers may be caused by the negligence of the participants, the negligence of the owners, employees, officers or agents of Stone Harbor, breaches of contract, the forces of nature, or other causes. Risks and dangers may arise from foreseeable or unforeseeable causes and such other risks, hazards and dangers that are integral to recreational activities that take place in a wilderness, water, outdoor or recreational environment.
In consideration of Stone Harbor furnishing kayak, canoe, cross country skis and other equipment to enable me to participate in kayaking, canoeing, cross country skiing and other outdoor recreational activities, I agree that by my use of the equipment and/or participation in these activities, I hereby assume all risks and dangers and all responsibility for any losses and/or damages, whether caused in whole or in part by the negligence or other conduct of the owners, agents, officers or employees of Stone Harbor, or any other person, including myself. I also verify that I am in good health, not under the influence of any drugs or alcohol of any kind, nor do I have them in my possession, and I am capable of pursuing the sport of kayaking, canoeing, cross country skiing and any other activity using equipment of Stone Harbor. My participation in all activities using Stone Harbor equipment is voluntary. I also agree to wear properly secured and approved personal floatation devices and other appropriate safety equipment at all times.
I, on behalf of myself, my personal representatives and heirs hereby voluntarily agree to release, discharge, hold harmless, defend and indemnify Stone Harbor and its owners, agents, officers and employees from any and all claims, actions or losses for bodily injury, property damage, wrongful death, or otherwise which may arise out of my use of kayaking, canoeing or other equipment of Stone Harbor or my participation in kayaking, canoeing, cross county skiing and other recreational activities. I specifically understand that I am releasing, discharging and waiving any claims or actions that I may have at the present time or in the future for the negligent acts or other conduct of the owners, agents, officers or employees of Stone Harbor.
Stone Harbor advises that renters DO NOT take their rented kayaks and canoes onto Lake Superior. Lake Superior has the characteristics of an ocean and is subject to quickly changing conditions including: very high winds, large sudden waves, shipping traffic and extremely cold water temperatures. Renters taking canoes and kayaks out on Lake Superior do so at their own risk and not doing so with the permission of Stone Harbor Wilderness Supply.
I agree to abide by all laws governing the use of the equipment rented from Stone Harbor Wilderness Supply and the activities that they will be used for.
I HAVE READ THIS WAIVER AND RELEASE AND BY SIGNING IT AGREE THAT IT IS MY INTENTION TO EXEMPT AND RELEASE STONE HARBOR FROM LIABILITY FOR PERSONAL INJURY, PROPERTY DAMAGE OR WRONGFUL DEATH CAUSED BY NEGLIGENCE OR ANY OTHER CAUSE. I AGREE TO PAY THE FULL COST OF ANY DAMAGE DONE TO THE EQUIPMENT DURING THE PERIOD OF TIME OF RENTAL. I FULLY UNDERSTAND THE TERMS OF THIS RELEASE AND WAIVER, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.
Terms and Conditions
Deposit & Cancellation: We require a 20% deposit of the total rental at the time the reservation is made. If a cancellation notice is given at least 14 days prior to the arrival date your deposit will be refunded minus a $20.00 processing fee. Cancellations within 14 days of your trip will mean a loss of the deposit.
Early Returns: We understand that Mother Nature can be unpredictable and at times very challenging for wilderness travelers. We would be thrilled if everyone could experience great weather and minimal bugs, but understand that not all trips go as planned. If requested, early returns will be given a (one day only) credit towards a future trip, but we are unable to offer refunds in this instance.
Worn/Damaged Equipment: We stand behind everything we rent. If you're not satisfied with your rental, you can return it for a replacement and we’ll extend your rental accordingly, or we’ll issue a full or partial refund of fees paid up to 7 days after the rental ended when accompanied with an original receipt or proof of rental. Guarantee policy doesn't cover ordinary wear and tear or damage caused by improper use or accidents.