Waiver Forms at Twin Lakes Adventures

Twin Lakes

Canoe and Kayak Rental Agreement

 

About You:

Name of Lessee________________________________________________________________

Address____________________________________________Email______________________

City_______________________________________State_________________Zip____________

Home Phone_________________________________Cell Phone_________________________

Drivers License #_________________Credit Card #___________________Exp. Date________

Master Card____  Visa_____ 3-Digit # (back of card) ____ Credit Card ___ Driver’s License____

 

About Your Rental:

Canoe___ Kayak___ Mountain Bike___  Equipment #_____________ Serial #_______________

To be operated:    Within Twin Lakes _______     Turquoise Lake _________

Operating and Safety Rules Explained by _____________________ Checked by ____________

 

About Time:

Date __________  Date of Return ___________  Time Out ________  Time Due Back _______

 

I/We will return the canoe/kayak/mountain bike clean and free of trash or agree to pay a $10 clean up fee.  I/we also acknowledge the agreed time of return for the rental and agree to pay $30 per hour or next hour rental for later return.

Rate $ _______________  2 Hour _____  Half day ______  Full Day ______

Term ___________  Total $ _______________  Lessee Initial _____________________

 

ABOUT THIS AGREEMENT

 

I, the Lessee, have read and agree to the terms of this agreement contained on both the front and back side of two forms.  The 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 personal or third parties in connection with the use of the equipment and acknowledges that he/she is assuming a 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 a correct.  If equipment is lost, stolen, or damaged, Lessee is responsible for the full cost of boat or mountain bike, down time and shipping handling costs.  Please read the front and back of all pages.

 

Twin Lakes Canoe & Kayak Adventures 6451 State Highway 82, Twin lakes, CO 81251 719-251-9961

 

Use under special permit of U.S. Forest Service

 

Terms and Conditions of Rental

 

1, Lease: Lessee hereby leases from Lessor the personal property described on the reverse side of this agreement or on any schedule made part hereof 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 on the reverse side.

 

3.  Surrender.  Upon the 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). by delivering it to the Lessor at the address of Lessor.

 

4. Location.  The equipment shall be operated at the location(s) specified on the reverse side of this document.

 

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 applicable 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.  Its employee and it’s agents, and Lessee shall indemnify and hold Lessor harmless from any liabilities, forfeitures, or penalties for violations of any federal, state, or local statute, ordinance, rules or regulation relating to the possession, use or maintenance of the equipment.

 

6.  Not for commercial use.  Lessee warrants that the leased property shall not be used for commercial or business purposes.

 

7.  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.

 

8.  Alterations.  Lessee shall not make alterations, additions, or improvements to the equipment without the Lessor’s prior written consent.  All additions and improvements made to the equipment with Lessor’s prior written consent shall be removed at lessor’s expense.

 

9.  Liability and Assumption of Risk.  Lesse assume 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 liabilities 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.

 

10.  Indemnity.  Lessee shall indemnify, defend, and hold harmless Lessor, its agents, and employees from any and all claims, loss, or damage Lessee may sustain or suffer arising from the use, condition, possession, 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 Lesse’s use, condition, possession, or storage of said equipment  Lessee shall reimburse Lessor for all expenses, losses, liabilities, and claims of any type, including reasonable attorney fees, imposed on or incurred by Lessor because of lesse’s use or operation of any leased equipment or because of the failure of Lessee to perform any of the Leases’ terms.

 

11.  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 personas 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.

 

12.  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 levied 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 Leassee to any person or persons, or if Lessee fails to make payments or perform any of its obligations under this Lease.  upon  the default of Lessee, this lease shall terminate and become void, and the right of possession 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 service, to take said goods and chattel, and every part thereof, from the lessee without legal process.

 

13.  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 Lessors’ restoration of possession of the leased equipment shall be borne by the Lessee.  Lessee agrees not to raise any claim or 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 possession of the leased equipment.

 

Canoe and 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 of Turquoise and Twin Lakes.  Keep our lakes free of accidents.  Please be courteous and safe.

 

___ 1.  No consumption of alcoholic beverages allowed in Twin Lakes Canoe & Kayak Adventure rentals

___ 2.  Personal Flotation Devices (PFDs) must be worn at all times while in the water, kayak or canoe.

___ 3.  No paddling, swimming, drifting or floating with 200 ft of the power plant or damn areas

___ 4.  Canoes and Kayak rental are for Turquoise and/or Twin Lakes use only.  Criminal charges will be filed upon all unauthorized violations

___ 5.  No horseplay, ramming, tipping, or rolling canoes or kayaks

___ 6.  Canoes and kayaks must be brought back in the same condition as rented.  “Rental agrees to pay a $10 service charge if their canoe or kayak is brought back unkempt.

___ 7.  Swim at your own risk.  There are no lifeguards!  Be careful!

___ 8.  Please be aware of all motorized watercrafts upon the lake(s).

___ 9.  There is a possiblity of a midday storm/shower every day.  Please take precautions by getting yourself to a safe location and take proper clothing.

___ 10. You are responsible for all damages to watercraft while under your rental term.  “Body damage to canoes, kayaks, and equipment and/or lost and stolen watercraft are your responsibility.

___ 11. Be careful crossing the highway!  There is not a pedestrian crosswalk.  You are at your own risk.

___ 12. Do not litter or throw trash in lake or surrounding areas.  keep our lakes and towns clean.

___ 13. Fisherman ..  DO NOT CLEAN FISH IN, ON OR NEAR CANOES AND KAYAKS.

___ 14. All rentals must be returned to a Twin Lakes Canoe and Kayak Adventure’s location before your time and your rental agreement are concluded.

___ 15. Take shelter during all electrical and wind storms

TWIN LAKES CANOE AND KAYAK ADVENTURES

6451 State Highway 82, Twin Lakes, CO 81251 (719) 251-9961

Use under special permit of U.S Forest Service

 

ACKNOWLEDGEMENT AND ASSUMPTION OR RISK AND RELEASE OF LIABILITY AGREEMENT

 

In consideration of being allowed to participate in mountain biking, water sport events and activities, specifically including mountain bicycles, paddle boating, swimming and jet skiing, and/or being provided with water sport recreational property or services, for myself and my minor children for whom I am parents, legal guardian or otherwise responsible and for my/our heirs, personal representatives or assigns:

 

1. Acknowledgement of Risks: I acknowledge that some, but not all of the risk of participating in mountain biking and  water sports activities include:

   1. Changing water flow, tides, currents, wave action and ships’ waves;

   2. Collision with any of the following: other participants, the watercraft, other watercraft, and man-made or natural objects;

   3. Windshear, inclement weather, lightning, variance and extremes of wind, weather, and temperature;

   4. My sense of balance, physical coordination, ability 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 illnesses, including sunburn, sunstroke, 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 Responsibility

 

I agree to assume responsibility for all the risk of the activity, whether identified above or not. (Even those rights arising out of the negligence of the Lessee named below?.  My/our participation in the activity is purely voluntary.  I assume full responsibility 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 whole or in part, by the negligence of the Lessee named below).

 

3.  Release

 

I hereby release TWIN LAKES CANOE AND KAYAK ADVENTURES,  (The Lessor), its principals, directors, officers, agents, employees, and volunteers, their insurers and each and every land owner, municipal and/or governmental 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 named Lessee and other person(s) as a result of my/our participation in 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 wear a U.S. Coast guard approved PFD (life jacket) while participating in water activities or riding in a watercraft.  I have read and understand all pages of this contract.  Signatures are for rental, rules and liability agreement.

 

Participants name. (Please Print)_________________________________ Age__________

 

Signature________________________________________CellPhone__________________

 

Date: ___________________________

 

Emergency contact name and phone number____________________________________

 

List any known allergies to plants, insects or medications___________________________

            _________________________________________________________________________