Waiver and Release of Liability
In consideration of the services of King Rentals & King Rentals LLC, their agents, owners, officers, volunteers, participants, employees, and all other persons or entities acting in any capacity on their behalf (collectively “King Rentals & King Rentals LLC”), I hereby agree to release, indemnify, and discharge King Rentals & King Rentals LLC, on behalf of myself, my children, my parents, my heirs, assigns, personal representative and estate as follows:
1. I acknowledge that rowing, kayaking, or canoeing entails known and unanticipated risks which 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: my boat could turn over and/or I could have to swim risking entanglement in trees; exposure to the natural elements can be uncomfortable and/or harmful; I am aware that this exposure could cause sunburn, dehydration, heat exhaustion, heat stroke, and heat cramps; also prolonged exposure to cold water can result in hypothermia; exposure to potentially dangerous wildlife, insects, plants; and accidental drowning is also a possibility. I also know that there is a risk of equipment malfunction or injury due to third parties.
Furthermore, I understand that King Rentals & King Rentals LLC are qualified but have difficult jobs to perform. They seek safety, but they are not infallible. No one can predict the weather, the elements, or the terrain with 100% accuracy. I am cognizant of the basic safety rules and instructions concerning these water activities. I also understand that it is not the purpose of King Rentals & King Rentals LLC to teach safety rules. I also understand that I am responsible for the safety and good operating condition of any equipment while I use such equipment. I certify that I have been told by King Rentals & King Rentals LLC to keep my life jacket on until instructed to take it off at the end of the activity. I certify that will wear my life jacket provided by King Rentals & King Rentals LLC during the entire duration of the activity to ensure my safety and wellbeing. I understand that by removing my life jacket prematurely I am herby voluntarily risking my safety and wellbeing as well as putting my life in jeopardy to the perils listed above. I agree that I have been well informed of the operation of all equipment and feel confident proceeding with the activity without the supervision of a guide. I certify that I have watched and read through all the safety content on King Rentals & King Rentals LLC’s website entirely and have again been fully instructed and exposed to the practice of a self-rescue on the water as well as the basics of paddling. I have been informed that in a capsize event I am not to worry about the equipment but rather hold on to my safety vest and swim to the nearest shore. I certify that I have been told to not bring or consume any intoxicating agents including but not limited to, Marijuana, Alcohol, Cigarettes, Cocaine, Prescription Drugs or any other agent that may affect, hinder, or stop my ability to operate equipment. I understand that by bringing or consuming an intoxicating agent I am herby voluntarily risking my safety and wellbeing as well as putting my life in jeopardy to the perils listed above. I understand that I may be held liable in court for any illegal substances brought with me or actions that occur during the rental or any activity hosted by King Rentals & King Rentals LLC. I agree that if I do not fully understand the warnings or instructions given, that I will immediately inform King Rentals & King Rentals LLC before proceeding further.
2. I expressly agree and promise to accept and assume all the risks existing in this activity. My
participation in this activity is purely voluntary, and I elect to participate despite the risks. I understand that it is my sole responsibility to consult with a physician prior to and regarding my participation. I represent that I do not have a medical condition that would prevent full participation in this activity. Should I develop a condition that prevents full participation or otherwise limits my activity, I agree to that my continued participation is my sole responsibility and choice.
3. In consideration for being allowed to participate with King Rentals & King Rentals LLC and other good and valuable consideration, I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless King Rentals & King Rentals LLC 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 King Rentals & King Rentals LLC's equipment or facilities, including any such Claims which allege negligent acts or omissions of King Rentals & King Rentals LLC. I agree not to sue regarding any claim that I, my family, heirs, legal representatives, and assigns may have against King Rentals & King Rentals LLC or any other instructor or employee thereof for any claim for injury, death, or other damages that I may sustain as result of participating. I understand and agree that King Rentals & King Rentals LLC, its owners, employees, independent contractors, staff, volunteers, advisors, and agents may not be held liable in any way for any occurrence with this Program that may result in injury.
4. Should King Rentals & King Rentals LLC 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. Should I or my successors assert any claim in contravention to this agreement, I
and my successors shall be liable for the expenses including legal fees and costs incurred by King Rentals & King Rentals LLC in defending such claim.
5. 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 have no medical or physical conditions which could interfere with my safety in this activity, or else I am willing to assume - and bear the costs of --all risks that may be created, directly or indirectly, by any such condition.
6. I understand that I may be the subject of media publicity and promotion. In consideration for being
allowed to participate and other good and valuable consideration, I agree and authorize King Rentals & King Rentals LLC to exhibit, with or without advertising sponsorship, as still photographs, transparencies, motion pictures, television, video, verbal statements, voice, portrait, and pictures. I authorize my name, voice, statements, and images may be used in such promotional materials and website. I release King Rentals & King Rentals LLC, as well as any assignees, from any and all claims for damages for libel, slander, invasion of privacy, or any other claim based on the use of the above-described materials. I acknowledge that King Rentals & King Rentals LLC has no control over outside media use of pictures and statements taken without permission and agree to hold King Rentals & King Rentals LLC harmless for such use.7. In the event that I file a lawsuit against King Rentals & King Rentals LLC, I agree to do so solely in the state of South Dakota, 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 portions shall remain in full force and effect.
8. I Consent and allow King Rentals & King Rentals LLC, its owners, employees, independent contractors, staff, volunteers, advisors, and agents permission to operate my vehicle if I have provided them keys for the purpose of this rental with mileage not to exceed 100 miles. I also indemnify King Rentals & King Rentals LLC, its owners, employees, independent contractors, staff, volunteers, advisors, and agents as I understand the risks associated with proper operation of a motor vehicle and further certify that I have adequate insurance to cover any potential damages that could be caused during operation of my vehicle.
By signing this document, I acknowledge that if anyone is hurt or property is damaged during my participation in this activity, I may be found by a court of law to have waived my right to maintain a lawsuit against King Rentals & King Rentals LLC on the basis of any claim from which I have released them herein. I have had enough opportunity to read this entire document. I have read and understood it, and I agree tobe bound by its terms.