LINN COUNTY PARKS & RECREATION DEPARTMENT
Click here to fill this form in on line (this is not a reservation, just a form that is needed prior to renting a boat)
RENTAL AGREEMENT & Participant Release of Liability and Assumption of Risk Agreement
I accept full responsibility for the Row Boat, kayak or paddle board equipment rented and agree to pay for any damage to the equipment and replace the equipment at full retail value if not returned by the agreed date. I understand that my Drivers’ License/State issued ID and/or major credit card may be held as a security deposit during the rental duration and will be returned upon return and payment of all rented equipment. Rentals are due back no later than on the rental date/time in this agreement. I understand that due to unforeseen inclement weather, I may be required to return the rented equipment IMMEDIATELY as required by Linn County Parks and Recreation Department.
To complete your rental, you must provide the County with valid Credit Card information. The County requires this in case damage occurs to the rented equipment. Please be assured, this information will be protected at all times. By completing this rental agreement, you hereby authorize the County to charge your Credit Card up to $500, to repair any damage done to the rented equipment, as reasonably determined by the County. If the damage exceeds $500, the County reserves the right to bill the Customer and take any action as may be necessary to enforce full and complete payment. You will receive a “Damages Notice” of any charges imposed as a result of damage to the rented equipment. Upon your request, you may challenge charges imposed for repairs. This request must be submitted within five (5) days of receipt of this notice. A Hearings Officer, appointed by the Board of County Commissioners, will be appointed to hear your challenge. If the Hearings Officer finds that that the action of the County was invalid, all charges will be reimbursed. If the Hearings Officer finds that the action of the County was valid, all charges must be paid and the County may take any action as may be necessary to enforce full and complete payment. The action of the Hearings Officer is final.
BOATING & KAYAKING SAFETY
I acknowledge that I have been advised to wear an approved personal flotation device while boating, kayaking or paddle boarding. I am familiar with the proper use of the Equipment, including how to self-rescue, and of the currents and weather effects. I am aware that there is staff available to answer any questions that I may have as to the proper use of the equipment.
ASSUMPTION OF RISKS
I am aware that boating, kayaking and the rental of equipment involves many risks, dangers and hazards including, but not limited to: accidents which occur during transportation or travel to and from the put in; slips and falls while getting into or out of the boats; overturning of the boats; loss of balance; impact, collision with or entrapment by trees, logs, deadfall, boats or equipment; hypothermia; drowning, changing and inclement weather conditions including storms, high wind, high waves, and lightning; on land or camping hazards such as falling due to uneven terrain, unstable beach logs, slippery rocks, falling branches; encounters with domestic or wild animals; mechanical failure of the equipment, negligence on the part of other participants; and NEGLIGENCE ON THE PART THE EQUIPMENT MANUFACTURERS AND DISTRIBUTORS AND THEIR STAFF, INCLUDING THE FAILURE ON THE PART OF THE RELEASES TO SAFEGUARD OR PROTECT ME FROM THE RISKS, DANGERS AND HAZARDS AS A RESULT OF MY USE OF THE EQUIPMENT.
I AM AWARE OF THE RISKS, DANGERS AND HAZARDS ASSOCIATED WITH BOATING, KAYAKING/PADDLE BOARDING AND THE RENTAL OF BOATS, KAYAK/ PADDLE BOARD EQUIPMENT AND I FREELY ACCEPT AND FULLY ASSUME ALL SUCH RISKS, DANGERS AND HAZARDS AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE OR LOSS RESULTING THEREFROM.
RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT
In consideration of the COUNTY agreeing to rent me row boat, kayaking or paddle board equipment and permitting my use of their services, equipment and other facilities, and for other good and valuable consideration, the receipt and sufficiency of which is acknowledged, I hereby agree as follows:
1. TO WAIVE ANY AND ALL CLAIMS that I have or may in the future have against the COUNTY AND THE EQUIPMENT MANUFACTURERS AND DISTRIBUTORS AND TO RELEASE THE COUNTY from any and all liability for any loss, damage, expense or injury, including death, that I may suffer or that my next of kin may suffer, as a result of my participation in kayaking or use of the Equipment, DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF WARRANTY ON THE PART OF THE COUNTY IN RESPECT OF THE DESIGN, MANUFACTURE, SELECTION, INSTALLATION, MAINTENANCE, INSPECTION, SERVICE OR REPAIR OF THE EQUIPMENT, or in respect of the provision of or the failure to provide any warnings, directions, instructions or guidance as to the use of the Equipment;
2. TO HOLD HARMLESS AND INDEMNIFY THE COUNTY for any and all liability for any property damage, loss or personal injury to any third party resulting from my participation in boating, kayaking or the use of the Equipment;
I CONFIRM THAT I HAVE READ AND UNDERSTOOD THIS RELEASE AGREEMENT PRIOR TO SIGNING IT, AND I AM AWARE THAT BY SIGNING THIS RELEASE AGREEMENT I AM WAIVING CERTAIN LEGAL RIGHTS WHICH I OR MY HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, ASSIGNS AND REPRESENTATIVES MAY HAVE AGAINST THE RELEASEES.
CLEAR LAKE RESORT BOATING RULES
|Do not exceed listed weight capacity of boats/kayaks.||Inform us when you return your boat/kayak.|
|Don’t take boats/kayaks into outlets or inlets.||Take all litter with you when leaving the boat/kayak.|
|Absolutely NO jumping or diving out of boats/kayaks.||Life preservers required by State Law for everyone in boats/kayaks (return to designated area).|
|The whistle must remain in each boat/kayak and be used for emergencies only.|
Customer Signature_________________________ Drivers license #_____________State.__Date_____/_____/____
I have read and understand this rental agreement and rules. I agree to the terms, conditions and releases as stated.