James River Basin Canoe Livery, Ltd.
1870 East Midland Trail
Lexington, Virginia 24450
RENTER’S CONTRACT, ACCEPTANCE OF RESPONSIBILITY, AND RELEASE OF LIABILITY
In consideration of the obligations hereinafter set forth, I hereby assume all legal and monetary responsibilities and risk for bodily injury or loss of life to myself and all other persons in my party and for my property, their property, and all property hired or on loan from the James River Basin Canoe Livery, Ltd., hereinafter the "Livery", or its employees or agents, as a result of my use, transport, and/or possession. I know and assert that my children and all minors in my group are at least eight years old and that their parents or legal guardians and I consent to their participation in this activity and have read and signed this contract or, if they are not accompanying their child on the trip, the Parent/Guardian Permission Form. This contract has been discussed with all minors in my group and they understand the risks, requirements, and responsibilities associated with their participation in this activity and are mature enough to understand the Livery's orientation. I agree to see that they behave in accordance with this contract at all times and pay careful attention to all instructions given.
I hereby agree to return all equipment at the mutually set time, date, and location in the same condition as when received. All unreturned or abandoned items will be considered lost and paid for at that time. I further agree that the boat will be taken only on the waters agreed to prior to the trip and will pay $50.00 for each run on unauthorized water or water not a specified part of my trip in addition to any damage or recovery fees that may ensue. Life jackets will be worn at all times and not sat or knelt on. Paddles will be used only to paddle the boat and not for poling, pushing, or prying the boat off rocks or obstructions. The boat will not be dragged at anytime and the bowline will not be cut.
I agree to comply with all federal, state, local, and landowner pollution, water, camping, and fire regulations including any emergency orders from the aforementioned. I agree not to litter, trespass, abuse property, or in any way infringe upon the rights of other river users. I understand the Livery and its employees cooperate fully with law enforcement agencies and landowners and will not shield anyone in my group from arrest and/or prosecution for any unlawful act. I understand that the consumption of alcoholic beverages is unsafe during any type of water activity, illegal in public (which includes on the river and at public landings), and not approved by the Livery. I also understand that the Livery will refuse its services to intoxicated persons at any time during the trip or shuttle, to or from the river, with NO REFUNDS made.
I understand that rivers rise and fall and that conditions on rivers change; that boats turn over and can be pinned on obstructions and can be damaged and /or destroyed; that people do get banged and scraped on rocks and can even drown; that trees are dangerous obstacles; that weather conditions can include hot sun or heavy rain, lightning, hail, strong winds, and cold temperatures and can change dramatically; and that I and those in my group may suffer accidents, insect or animal bites, insect stings, or illness in remote places where there are no medical facilities. I understand that no refunds will be made due to any stream structures or weather, river, or camping conditions as found or changed at any time whatsoever and agree not to hold the Livery liable for injuries, loss of life, or damages because of such changes or conditions. I understand that all these dangers and other dangers, both seen and unforeseen, can be hazardous for even skilled paddlers. I assume for both myself and all others in my group, including minors, all the risks involved in the use of any equipment rented or borrowed from the Livery and agree that neither it nor its agents or employees will be held liable by me or my heirs for any injuries, loss of life, or damages suffered.
II understand that the shuttle service is given to me free when I rent my boat and perform in accordance with this contract and any other instructions given me. Failure to do so will result in no shuttle. I will aid in the loading and unloading of all my personal and rented equipment and carrying it to and from the river. I understand that put-in and take-out times are mutually set and must be coordinated with other people and groups. I understand that failure to meet my pickup time will move me to the "back of the line" and mean a delay in my return shuttle.
I am over 18 years old, unless noted as a minor with my age on the back, am physically and mentally capable of participating in this activity as are my children and all minors in my group, have read all of the above, will read the map description of my trip and all posted instructional material at the Livery office, and will view the entire orientation and any appropriate videos without interruption. I understand that I will be unable to go on my trip if I miss any of the orientation or video or my shuttle to the river and that no refunds will be made. I will carefully inspect all equipment rented or loaned and acknowledge that my use of same accepts it to be in safe and satisfactory condition. I realize the very real dangers that exist in this activity and undertake it at my own risk. No one has minimized the hazards. I realize that this is a self-guided trip with no lifeguards or supervision on the river. If Livery personnel do accompany me or recover my boat should it become pinned on the river, I agree not to hold them or the Livery liable for any injury, loss of life, and/or damages or loss of property that occurs to me, to my children, to anyone in my party, or to Livery or private property. I agree to report all damaged or lost items immediately at the end of my trip and pay for them at that time, plus any collection or attorney's fees that the Livery incurs through my failure to do so, according to the following schedule:
Boat damaged beyond repair (includes during recovery), lost, stolen,
abandoned, or otherwise not returned to the pickup point..............................................$1275.00 per canoe
$ 429.00 per kayak
Dragging the boat at any time..............................................................................................$ 50.00
Broken or lost thwart (includes during recovery)................................................................$ 25.00
Broken or lost seat (includes during recovery)....................................................................$ 40.00
Broken or lost gunwale (includes during recovery)..............................................................$ 95.00
Hull torn or punctured (includes during recovery)..............................................................$ 20.00 per inch
Hull crushed or wrinkled (includes during recovery)...........................................................$ 50.00
Broken or lost endcap (includes during recovery)...............................................................$ 30.00
Paddle lost, broken, or unreturned.......................................................................................$ 19.00 single blade
$ 47.00 double blade
Life jacket lost, damaged, hooked by lure, sat or knelt on, or unreturned...........................$ 28.00
Boat recovery (when possible and convenient)...................................................................$ 15.00/man hour, $45.00 minimum
Pickups after 6:00 p.m.........................................................................................................$ 15.00 per boat
Other items_____________________________________________________________$____________________________
The venue for any dispute that may arise out of this agreement or otherwise between the parties to which the Livery or its agents is a party shall be in the courts of Rockbridge County located in Lexington, Virginia.
Please fill out information on page 2 and sign. Everyone must sign individually. Signature is acknowledgment that you understand this contract.
©James River Basin Canoe Livery, Ltd. 2004
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