IN CONSIDERATION of the mutual agreements, conditions, and covenants herein and within the Customer Agreement, You make the following waiver:

1. Usage. You may only use the Watercraft for its intended purpose, as a watercraft. You may transport the watercraft on a secure trailer or securely atop a vehicle. You must stop at all watercraft checkpoints, as required by law. You may not tamper with the watercraft permit stickers on the Watercraft. You must maintain possession of the Watercraft during the Rental Period. You may not allow a child under the age of 15 years to operate the Watercraft alone, and all minors must be closely supervised while operating the Watercraft.

2. Risks. You understand that there are inherent dangers to operating a watercraft and using the related accessories. Such dangers include, but are not limited to, serious injury, temporary or permanent disability, death, and/or property damage.
Specific dangers may occur in the form of falling out of the watercraft; capsizing; water inhalation or drowning; loss of personal property in the water; impact from the watercraft or accessories, including the paddle; impact from waves or the body of another watercraft; injury while lifting and/or transporting the watercraft; getting lost or stranded in the watercraft. Additional dangers exist.

3. Services. Sol Seeker does not provide emergency services, and cannot tow or rescue You from the water or other accident. If you need emergency services, please call 911.

4. Release from Liability. I hereby agree, on behalf of myself, my heirs and my personal representatives, to fully and forever discharge and release Sol Seeker and its affiliates, and their respective partners, agents, operators, managers, employees, and representatives (“Released Parties”) from any and all claims I may have or hereinafter have for any injury, temporary or permanent disability, death, damages, liabilities, expenses and/or causes of action, now known or hereinafter known in any jurisdiction in the world, attributable or relating in any manner to my use of the Watercraft, whether caused by the negligence of Sol Seeker or any of the Released Parties or by any other reason. I acknowledge and agree that this Release and Waiver of Liability is intended to be, and is, a complete release of any responsibility of the Released Parties for any and all personal injuries, temporary or permanent disability, death, and/or property damage sustained by me related to the Watercraft.

5. Covenant Not to Sue. I agree, for myself and all my heirs, not to sue the Released Parties or initiate or assist in the prosecution of any claim for damages or cause of action against the Released Parties which I or my heirs may have as a result of any personal injury, death or property damage I may sustain related to the Watercraft.

6. Indemnification. I hereby agree to defend, indemnify and hold harmless Sol Seeker and the Released Parties from and against any third party losses, damages, actions, suits, claims, judgments, settlements, awards, interest, penalties, expenses (including reasonable attorneys’ fees) and costs of any kind for any personal injury, loss of life or damage to property sustained by reason of or arising out of my use of the Premises or participation in any activities on the Premises.

7. Responsibility for Personal Property. I acknowledge and agree that I am fully and solely responsible for any of my property and personal belongings that I bring onto the Watercraft, or use in connection with the Watercraft, including my vehicle and trailer, and that Sol Seeker will not be responsible for or provide any security for my property and personal belongings.

8. Additional Terms. The terms of the Customer Agreement shall govern this Waiver.

I VOLUNTARILY AND FREELY ASSUME ALL RISKS AND DANGERS THAT MAY OCCUR PURSUANT TO MY USE OF AND PARTICIPATION OF ACTIVITIES ON THE PREMISES, INCLUDING THE RISK OF INJURY, DEATH, OR PROPERTY DAMAGE.
By signing below you agree to the terms of this agreement.

IN CONSIDERATION of the mutual agreements, conditions, and covenants herein, the parties make and enter into the following
Definitions. The following definitions shall be used in this agreement.
Watercraft: Watercraft means the kayak or floatation device along with any and all accessories, including but not limited to paddles, life jackets, and other safety devices.
Rental Period. The daily usage period begins at 9:00AM, and ends at 6:59PM.
Rental. You are renting a Watercraft on a daily basis for the Rental Period, in exchange for a Rental Fee of $89.00. Upon execution of this Agreement, You will receive an entry code which will allow you to access the Watercraft facility. You may then remove your rented Watercraft. The Watercraft must be returned before the end of the Rental Period. If the Watercraft is not returned within the Rental Period, an additional charge will be made for the following Rental Period.
Deposit. A deposit fee of $89.00 shall be made at the time of the rental and will be charged with the Rental Fee. The value of any damages, including missing pieces, done to the Watercraft will be deducted from the Deposit. Any remaining Deposit funds will be refunded to Your card within 48 hours of the return of the Watercraft. If the Watercraft is not returned within two Rental Periods, no refund will be made.
Failure to Return & Damages. In addition to keeping the Deposit, Sol Seeker reserves the right to make additional charges to Your card for specific damages and losses, and/or seek damages. The replacement value, including taxes, fees, and shipping, of any lost equipment shall be the value for all charges and damages, and Sol Seeker shall be entitled to the loss of rental income based on average usage for the season.
Usage. You may only use the Watercraft for its intended purpose, as a watercraft. You may transport the watercraft on a secure trailer or securely atop a vehicle. You must stop at all watercraft checkpoints, as required by law. You may not tamper with the watercraft permit stickers on the Watercraft. You must maintain possession of the Watercraft during the Rental Period. You must wear a life jacket at all times while on the water in the Watercraft and require all passengers and users to wear a life jacket. You may not allow a child under the age of 15 years to operate the Watercraft alone, and all minors must be closely supervised while operating the Watercraft.
Waiver. You must execute the related waiver, which will be presented with this Agreement in order to complete a rental, and which is incorporated herein.
Rights and Remedies Cumulative. The rights and remedies provided herein are cumulative and not exclusive of any other rights or remedies provided at law or in equity. A party’s failure to exercise a right, power, privilege, or remedy hereunder shall not preclude further exercise at a later date.
Notice. Notices shall be made via the email address provided by You on Your rental form. Notices to Sol Seeker shall be made to admin@sandpointwaterrentals.com
Execution and Transmission. Electronic execution via signature or other acknowledgment, such as checking a labeled box, shall be an execution. By checking a box or otherwise carryout an electronic execution, You agree to use and rely on said form of execution. Electronic transmission of any signed original document and retransmission of same shall constitute delivery of the original document. This agreement may be executed in counterparts. Executing an agreement in counterparts shall mean the signature on identical copies of the same agreement, amendment or addendum. Each identical copy of an agreement signed in counterparts is deemed to be an original and all identical copies shall together constitute one and the same instrument. The undersigned party or parties that are executing this agreement on behalf of an entity personally warrant he/she/they are acting in an agency capacity with express authority to enter this agreement and bind their principal thereto.
Successors and Assigns. This agreement shall bind and inure to the benefit of each party’s respective heirs, successors, agents, trustees, conservators and assigns.
Attorney’s Fees. If a party initiates an arbitration or judicial action, including an appeal, as to the interpretation or enforcement of this agreement, including remedies upon default, the substantially prevailing party shall be entitled to reimbursement of its reasonable attorney fees and costs.
Entire Agreement. This agreement contains the entire agreement of the parties respecting the matters herein and supersedes all prior written and oral agreements between the parties respecting such matters. This agreement may be modified or revoked by written agreement of the parties.
Time is of the Essence. Time is of the essence in this agreement.
Terminology. The terms “includes” and “including” when used in this agreement shall not be deemed to exclude other things otherwise within the meaning of the term defined. The captions and titles are for convenience and reference only. They shall not define, limit or construe the contents of any provision. Unless otherwise suggested by the context of the provision, the masculine gender shall include the feminine and vice versa. Words used in singular include the plural and vice versa.
Governing Law and Severability.  This agreement is established under, and shall be governed by the laws of the state of Idaho. Any provision prohibited by law or unenforceable shall not affect the remaining provisions of the agreement. The venue and jurisdiction for any legal proceedings brought pursuant to this agreement shall be the First District Court of Bonner County, Idaho.
By signing below you agree to the terms of this agreement.