PRESCOTT OUTDOORS

RELEASE AND ACKNOWLEDGEMENT OF RISK

DEFINITION: As used herein, the term “EQUIPMENT” shall mean all equipment rented by the undersigned from MOFUN, LLC d/b/a Prescott Outdoors (“PRESCOTT OUTDOORS”).

  1. I acknowledge that boating entails known and unanticipated risks which could result in physical or emotional injury, paralysis, death or damage to me, to property, or to third parties. The risks include but are not limited to: boat capsize; travel in remote areas; collisions with objects or other watercraft; prolonged exposure to cold water; hypothermia; accidental drowning; mental anguish or trauma; illness in remote areas; exposure to sun, strong wind, cold, storms and lightening; wrist, arm, shoulder and/or back injuries; slips and falls while hiking; and rapidly changing adverse weather and water conditions.
  2. I promise to save and hold harmless PRESCOTT OUTDOORS and its managers, members, operators, employees, independent contractors, associates, insurers and agents from any and all liability or claims by my family, my estate, my heirs or my assigns, or by third parties arising out of the use, rental and/or operation of EQUIPMENT.
  3. I agree to return the EQUIPMENT to PRESCOTT OUTDOORS at the time agreed.
  4. I promise to pay for any loss of or damage to the EQUIPMENT which occurs during the rental.
  5. I agree to exercise good judgment and acknowledge that I am in good health, not under the influence of drugs or alcohol, and know no reason why I should not participate in this activity. I currently have no known physical or mental condition that would impair my capability for full participation as intended or expected in this activity.
  6. I agree to follow all safety rules, including, without limitation, the wearing of a life vest (Personal Flotation Device) whenever I am on the water. I consent to all activities connected to any event involving rescue, emergency or medical care resulting from or in any way related to my use, rental and/or operation of the Equipment.
  7. I expressly agree and promise to accept and assume all of the risks existing in this activity, and hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless PRESCOTT OUTDOORS and its managers, members, operators, employees, independent contractors, associates, insurers and agents from any and all claims, demands, or causes of action, which are in any way connected with my participation in this activity or the use, rental and/or operation of the EQUIPMENT, including any such claims which allege negligent acts or omissions of PRESCOTT OUTDOORS and/or its managers, members, operators, employees, independent contractors, associates, insurers and agents.
  8. Should PRESCOTT OUTDOORS or anyone acting on its 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.
  9. In the event that I file a lawsuit against PRESCOTT OUTDOORS and/or its managers, members, operators, employees, independent contractors, associates, insurers and agents, I agree to do so solely in Yavapai County of the State of Arizona, and I further agree that the substantive law of that county shall apply in that action without regard to the conflict of law of that county.

By signing this document, I acknowledge that if I or anyone else 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 PRESCOTT OUTDOORS and its managers, members, operators, employees, independent contractors, associates, insurers and agents on the basis of any claim from which I have released them herein. I have had sufficient opportunity to read this entire document. I have read and understand it, and I agree to be bound by its terms.

I understand that no refunds will be issued due to weather.


SAFETY BRIEFING

SAFETY IS OUR PRIMARY CONCERN. FOLLOWING THESE GUIDELINES WILL ENSURE A SAFE AND ENJOYABLE PADDLING EXPERIENCE.

WEAR P.F.D. (Life Vest) AT ALL TIMES. The P.F.D. must be worn and securely fitted and fastened at all times while in the watercraft. Rental personnel must check ever participant for properly fitted P.F.D. prior to entering watercraft.

REMAIN SEATED AT ALL TIMES. Do not stand or attempt to change position in the watercraft while on the water. Always put into the shore before standing or changing position in the watercraft. Exercise caution and keep one hand on the on the watercraft when entering or exiting. Attendants are available to assist in entering and exiting the watercraft.

IN THE UNLIKELY EVENT THE WATERCRAFT SHOULD CAPSIZE, DO NOT ATTEMPT TO RIGHT THE WATERCRAFT WHILE ON THE WATER. In the event of rollover the watercraft will be flooded and not usable until drained which cannot be achieved on the water. Should the watercraft tip over stay with it and summon assistance or swim to shore.

NO SPLASHING, WATERFIGHTS OR HORSEPLAY ALLOWED. Safe conduct is required at all times. Any dangerous or disruptive behavior while in the watercraft will result in immediate termination of the rental and no refund will be issued.

STAY HYDRATED AND AVOID OVERHEATING. Take plenty of water and it is advisable to wear a broad brimmed hat and sun protective clothing. Sunscreen is recommended on exposed skin.

NO ALCOHOL OR DRUG USE. Keeping a clear mind will ensure a safe paddling experience. No alcohol or drugs are to be taken onto the watercraft. Any sign of impairment will result in denial or immediate termination of the rental and NO REFUND

NO PETS OR COMPANION ANIMALS ARE ALLOWED ON THE WATERCRAFT. Due to safety concerns not animals are allowed in the watercraft.

I have read and understand the safety requirement listed above and agree to fully comply.


First Namerequired
Last Namerequired
Emailrequired
Phone (Digits Only)required

Addressrequired
Cityrequired
Staterequired
Ziprequired

Date: 8/7/2019

Time: 5:35 PM

Customer Signaturerequired
Tap to Sign

FOR PARENTS/GUARDIANS OF PARTICIPANTS OF MINORITY AGE (UNDER AGE 18 AT TIME OF RENTAL)

This is to certify that I, as parent /guardian with legal responsibility for: Minor specified below, do consent and agree to his/her release as provided above, and, for myself, my child and our heirs, assigns, and next of kin, I release and agree to indemnify and hold harmless PRESCOTT OUTDOORS and its managers, members, operators, employees, independent contractors, associates, insurers and agents from any and all liabilities incident to my minor child's involvement or participation in the rental activities as provided above, EVEN IF ARISING FROM THE NEGLIGENCE OF PRESCOTT OUTDOORS, to the fullest extent permitted by law.


Name of the Minortextoptionalno save

Parent/Legal Guardian Nametextoptionalnot save
Relationshiptextoptionalnot save
Parent/Legal Guardian Signatureoptionalnot save
Tap to Sign

Date: 8/7/2019

Time: 5:35 PM


I would like to get a copy of this document. I confirm my email address is spelled correctly.
I agree to Waiver Master Terms & Conditions and Privacy Policy available at waivermaster.com/terms.html and waivermaster.com/privacy.html.

By clicking/tapping/touching/selecting or otherwise interacting with the "Submit" button below, you are consenting to signing this Document electronically. You agree your electronic signature ("E-Signature") is the legal equivalent of your manual signature on this Document. You consent to be legally bound by this Document's agreement(s), acknowledgement(s), policy(ies), disclosure(s), consent term(s) and condition(s). You consent to be legally bound by Waiver Master's policies, terms and conditions available at waivermaster.com/terms.html and waivermaster.com/privacy.html . You agree that no certification authority or other third party verification is necessary to validate your E-Signature and that the lack of such certification or third party verification will not in any way affect the enforceability of your E-Signature. You may request a paper version of an electronic record by writing to us. We reserve the right to charge a reasonable fee for the production and mailing of a paper version of the record. Your current valid email is required for all communications.




Submission Sequence: 2019-09-11T19:30:50.281Z1554
DUUID Sequence: 3QYSE6B2SX4_7cac7e1b-6841-4f94-add1-b9e80a589468
IP(s): 24.119.108.63, 52.46.35.77
CFID: Rh6JnFkSfse42Gd3wGRlDQgM1LATAUv1zw786CB5RYz648Z1Da7dtw==
TRACEID: Root=1-5d794b6a-a1d6a538401663e8e9e4d618
UA: Mozilla/5.0 (Windows NT 10.0; Win64; x64) AppleWebKit/537.36 (KHTML, like Gecko) Chrome/76.0.3809.132 Safari/537.36