RENTAL EQUIPMENT/SWIMMING WAIVER AND RELEASE

This agreement is between Frenchtown Inn and the undersigned, herein called the “Renter”. This agreement also constitutes a Waiver and Release of Liability, whereby the Renter agrees to release, discharge, hold harmless, defend and indemnify Frenchtown Inn, its owners, agents, officers, and employees from any and all claims, actions or losses for bodily injury, property damage, wrongful death, loss of services or otherwise which may arise out of Renter’s use of Frenchtown Inn equipment, premises or facilities or Renter’s participation in kayaking sports activities including swimming in the lake. By signing this document, Renter acknowledges he/she specifically understands he/she (Renter) is releasing, discharging, and waiving any claims or actions that Renter may have a the present time, or in the future, for the negligent acts, omissions or other conduct by the owners, agents, officers or employees of Frenchtown Inn. Please initial each item and sign below to acknowledge and acceptance of this agreement.

Renter represents that he/she is capable of safely operating and handling the equipment and finds it in good working order, condition, and repair. Renter represents that he/she has adequate skills, knowledge, and experience to safely complete the planned activity and that adequate preparations have been made to ensure safe operation of equipment.

While Renter is in possession of boats or equipment, Renter shall bear all risk and responsibility of and for any and all damage, loss, theft of the rental boats and/or equipment, or any portions thereof, including, but not limited to vandalism or theft, and shall pay Frenchtown Inn the full cost of repair or replacement.

Renter shall return boats and equipment in the condition in which it was received. Minimum charges for repairs, labor, and cleaning will be applied in the event rental boats or equipment require repair or excessive cleaning. Renter agrees to use all equipment for its designated purpose only.

RECOGNITION OR RISK: Renter expressly acknowledges that kayaking are activities are activities with inherent risks of injury to persons and property. RENTER IS AWARE OF THOSE RISKS AND UNDERSTANDS THEM. Renter acknowledges that Personal Flotation Devices (PDF) or lifejackets are made available and that ALL RENTERS ARE REQUIRED TO WERE A PDF OR LIFEJACKET WHILE USING RENTAL BOATS AND EQUIPMENT. Renter understands that use of a PDF does not remove all risks of injury; nor does PDF use make kayaking safe activities. Renter alone has determined the sufficiency of any safety gear or other precautions that Renter decides to take to minimize the risks of the activity. RENTER EXPRESSLY ASSUMES THE RISK OF THE ACTIVITY.

RELEASE OF LIABILITY: Renter hereby RELEASES Frenchtown Inn, its owners, officers, and employees form liability for negligence and HOLDS HARMLESS Frenchtown Inn, officers, and employees from any loss, expense or cost, including attorney fees, arising out of any damages or injuries, whether to persons or property, occurring as a result of the rental or use of said boat and/or equipment, or swimming activity in the lake.

This agreement constitutes the entire agreement between Frenchtown Inn and Renter and no term may be waived or modified (including provision against oral modification) except in writing signed by both parties. There are no warranties, expressed or implied, by Frenchtown Inn shall not be liable for any loss or injury to Renter nor to anyone else, of any kind however caused. This agreement is one of bailment only and Renter is not Frenchtown Inn’s agent while using said boat(s) or equipment. The laws of the State of California shall govern this agreement.

9858 Frenchtown-Dobbins Road, Oregon House, CA 95962 (530) 418-8151   Google Maps
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