Boat (Kayak/SUP/Canoe) and Equipment (PFD, Lifejacket, Paddle, Cart), herein called, “Equipment,” Rental Agreement between Vacationado By Kajuka Properties, herein called, “Lessor,” and the undersigned, herein called, “Renter.” This agreement also constitutes a Waiver and Release of Liability, whereby the Renter agrees to release, discharge, hold harmless, defend and indemnify Vacationado by Kajuka Properties and 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 Equipment, premises or facilities or Renter’s participation in any activities. By signing this document, Renter acknowledges he/she specifically understands he/she (Renter) is releasing, discharging and waiving any claims or actions at the present time, or in the future, for the negligent acts, omissions or other conduct by the owners, agents, officers or employees of Vacationado by Kajuka Properties. Please sign below to acknowledge acceptance of this agreement.
Renter, and their Participants, shall obey all state, federal and local Boating Regulations, laws, ordinances and lawful directives from appropriate emergency or law enforcement personnel, while operating equipment from Vacationado by Kajuka Properties. Renter is solely responsible for any citation or violation occurring during the use of, or as the result of using, equipment from Vacationado by Kajuka Properties.
Renter represents that he/she is capable of safely operating and handling the Equipment. 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 completion of the trip.
Renter, and their Participants, understands that Florida and its waterways contain various dangerous wildlife, including but not limited to snakes, alligators, turtles, bobcats, panthers, monkeys, and bears.
Renter, and their Participants, agree to return all equipment to shore each night before dusk.
Renter, and their Participants, shall bear all risk and responsibility of and for any and all damage, loss or theft of the Equipment, or any portions thereof, including, but not limited to vandalism or theft, and shall pay the Lessor the full cost of repair or replacement.
Renter, and their Participants, shall return equipment in the condition in which it was received and to its location. Charges for repairs, labor and cleaning will be applied in the event equipment requires repair or excessive cleaning. Renter agrees to use all equipment for its designed purpose only.
RECOGNITION OF RISK: Renter, and their Participants, expressly acknowledges that canoeing, kayaking and paddleboarding are activities with inherent risks of injury to persons and property. RENTER IS AWARE OF THOSE RISKS AND UNDERSTANDS THEM. Renter acknowledges that PFD’s (Lifejackets) are made available and that ALL RENTERS AND THEIR PARTICIPANTS ARE REQUIRED TO WEAR PFD’s/LIFEJACKETS WHILE USING EQUIPMENT. Renter understands that use of a PFD does not remove all risks of injury; nor does PFD use make activities safer. 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. No party related to Lessor, including Owner and Employees, has made any representations regarding the safety of, or the risks of, the activity. RENTER EXPRESSLY ASSUMES THE RISKS OF THE ACTIVITY.
RELEASE OF LIABILITY: Renter, and their Participants, hereby RELEASES Lessor, its owners and its employees from liability for negligence and HOLDS HARMLESS the Lessor, its owner and its 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 Equipment.
This agreement constitutes the entire agreement between Lessor 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 Lessor to Renter, except as contained herein, and Lessor shall not be liable for any loss or injury to Renter, their Participants, nor to anyone else, of any kind or however caused. This agreement is one of bailment only and Renter is not Lessor’s agent while using Equipment. The laws of the State of Florida shall govern this agreement.
NON COMPLIANCE WITH THE ABOVE AGREEMENT MAY RESULT IN CHARGES FOR LOSS OR DAMAGE.
I have read and understand the above. I agree to the terms and conditions as stated.