RENTAL AGREEMENT

Please Print Clearly

Name:__________________________________ Phone:__________________________

Mailing Address:__________________________________________________________

Town: ________________________________ State:________ Zip:_________________

Identification Information:

Drivers License #_________________________ State:______________

Height:_________ Weight:______________

Credit Card Type ___________ No.:____________________________________

Exp. Date:________________

Swimming Ability: (circle one) Weak Good Excellent

Any health conditions that might be noteworthy?

Comment:_______________________________________________________________

Emergency Contact:

Name:______________________________ Phone (____)___________________

READ CAREFULLY

I agree to be fully responsible for returning the following equipment in the same condition in which it was received.

I am knowledgeable in the use of the equipment and competent in my abilities. I will keep my lifejacket on and buckled at all times while on the water. If at any time I see a threat of a thunder and lightning storm or other dangerous condition, I will get off the water immediately. I will treat the environment and wildlife with respect. Alcohol is prohibited at all times. I understand that irresponsible behavior and/or failure to follow these guidelines will result in the termination of my rental(s) with no refund.

"Up The Creek" Kayak & Canoe Rentals has the right to refuse rentals to any participant.

__________________________________________________________________

Signature (Parent/Guardian if under age 18) Date

________________________________________________________________________________________

Items Rented:

Kayak______Canoe_______ Paddles________ PDF________ Other_________

Total Hours:_________________Fee:______________

AGREEMENT

In consideration of "Up The Creek" Kayak & Canoe Rentals, hereinafter referred to as "Up The Creek" allowing ____________________________hereinafter referred to as "participant" to utilize the facilities and participate in the activities of "Up The Creek", it is agreed that:

1. Assumption of Risk

   The participant knows and understands the scope, nature, and extent of the risks involved in activities contemplated by the agreement and voluntarily and freely chooses to incur such risks.

2. Exemption from Liability

   The participant exempts and releases "Up The Creek", its owners, officers, agents, servants, employees, and lessors from action whatsoever arising out of any damage, loss or injury to the participant or the participant’s property while upon the premises or using any equipment of the corporation or while participating in any of the activities contemplated by this agreement whether such loss, damage, or injury results from the negligence of the corporation, its officers, agents, servant, employees or lessors or from some other cause.

3. Convenant Not To Sue

   The participant agrees never to institute any suit or action at law otherwise against "Up The Creek", its owners, officers, agents, employees, servants or lessors nor to initiate or any way assist the prosecution of any claim for damages or course of action which the participant, participant’s heirs, executors or administrators hereafter may have by reason of injury to the person of the participant or to the participant’s property arising from the activities contemplated by this agreement.

4. Indemnity Against Third Party Claims

   The participant will indemnify, save and hold harmless "Up The Creek", its owners, officers, agents, servants, employees or lessors, from any and all losses, claims, actions, or proceedings of every kind and character which may be presented or initiated by any other persons or organizations an which arises directly or indirectly from the activities of the participant while engaged in the activities contemplated by this agreement.

5. Participant hereby acknowledges that he or she has read all of the provisions above, fully understands the terms and conditions expressed there, and has freely chosen acceptance of the provisions of the foregoing paragraphs relating to assumption of risk, exemption from liability, convenant not to sue, indemnify against third party claims, and continuation of oblations.

 _____________________________________________ ________________________________

Signature (Parent/Guardian if under age 18) Date