R2, 2023-07-07

NOTE: Apache Water Sports does not accept paper waivers, please submit electronically.

Apache Water Sports Waiver & Release

Payment in full (rental price) for all rentals is due when booking the rental/reservation.

For and in consideration of the use, rental, or other access to equipment, facilities, or activities of Apache Water Sports LLC., the undersigned Participants enter this Participation Agreement and Release.

I AGREE:

Assumption of Risk and Responsibility for Injury or Damage: I acknowledge that open water or sports activities are inherently dangerous and that I participate at my own risk. I understand that risks and dangers cannot be eliminated without jeopardizing the essential qualities of the activity, and I voluntarily elect to participate, accepting and assuming the risks. I certify that I have adequate insurance to cover any injury or damage that I may cause or suffer, including payment for bodily injury, property damage, or lost or damaged equipment. I agree to bear the costs and responsibility for any injury or damage I may cause or suffer, including payment for bodily injury, property damage, or lost or damaged equipment.

Authorization to Use Likeness: I hereby give permission for Apache Water Sports, LLC, its marketing consultants and their agents to capture the voice, image or likeness of myself or child through video, photograph, or digital camera, and further consent to the use of said voices, images, or likeness by Apache Water Sports LLC, its marketing consultant or others in advertising, promoting, or marketing their businesses, activities, events, or equipment, and hereby waive any rights of compensation or ownership thereto.

Indemnification and Release of Liability: I FULLY AND UNCONDITIONALLY RELEASE AND DISCHARGE Apache Water Sports, LLC. and its agents, employees, owners, administrators, directors, officers, members, instructors, participants, volunteers, contractors, sponsors, advertisers, or event organizers, or others acting on their behalf of any liability, claims, demands, causes of action, losses, injuries, or damages, whether caused in whole or in part by the Released Parties, or by the negligence of the Released Parties. This Release extends to any injuries (including death) or damage to persons, pets, or other property that may arise from the use, rental, or other access to the equipment, facilities, or activities of Apache Water Sports or which may be connected to my participation in the activities, and to all claims for personal injuries or property damage sustained by me, or by my estate, parents, children, heirs, beneficiaries, personal representatives, or assigns (“the Releasing Parties”). On behalf of myself and the Releasing Parties, I AGREE TO INDEMNIFY, SAVE, AND HOLD HARMLESS APACHE WATER SPORTS, LLC. AND EACH OF THE RELEASED PARTIES for any loss, liability, damage, litigation expenses, attorney fees, or cost of any kind, which may result from any injury, damage, or other loss occasioned by use, rental, or other access to equipment, facilities or activities of Apache Water Sports.

Choice of Law: This Agreement creates a covenant not to sue, and complete release and indemnity of, Rowing Dock, Inc. and the Released Parties. If, despite this Agreement, suit is attempted, I agree that the exclusive forum shall be Travis County, Texas, applying Texas law. I agree that if any term of this Agreement is found to be void or unenforceable, then the remaining terms shall remain in full force and effect.

Careful Review and Understanding: I have read and I understand the posted Equipment Safety Rules and Regulations. I have carefully read this Agreement in its entirety. I fully understand the Agreement, understand that I am knowingly waiving substantial rights by signing the Agreement, and sign it freely, without any inducement or assurance of any nature.

I also agree that if I damage, loss, or misplace any item I rent from Apache Water Sports, LLC that I pay for these losses or damages according to prices listed on bottom of this agreement. I agree that if Apache Water Sports, LLC incurs any costs associated with recovery of payment for damages or losses (such as court costs) that I will reimburse or pay Apache Water Sports, LLC for these costs as well as the cost of the damaged or lost items. Bent or damaged paddles, damaged Kayaks, damaged Canoes and damaged Stand Up Paddle Boards (SUPs), lost or damaged Life Preservers (PFDs), lost or damaged Padlocks, lost or damaged cables , or any rented equipment will be charged for replacement. If I do not return the product within 1 calendar day of the due date, I authorize Apache Water Sports, LLC to charge the full replacement cost of the products (see below) to my credit card. I understand and agree that I am fully responsible for any damage to the product or loss during the time it is checked out to me and if damage or loss occurs, I authorize Apache Water Sports, LLC. to charge the cost of replacement or repair to my credit card. It is solely the discretion of Apache Water Sports, LLC to determine if damaged equipment will be repaired or replaced at the renter’s expense.

By signing below, I also AGREE to all the ‘RENTAL AGREEMENT AND LIABILITY WAIVER” I HAVE READ THIS RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK AND INDEMNITY AGREEMENT, UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND HAVE SIGNED IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT, ASSURANCE OR GUARANTEE BEING MADE TO ME AND INTEND MY SIGNATURE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.

Estimated Replacement Costs for SUPs (Stand Up Paddleboards) / Kayaks / Canoes/ Padlocks / Cables/ Accessories (including PFDs, Paddles)

Est. Cost: SUP ATX Viking Blue Length 10’6” & 11’4” $1085.00, SUP Carbon Fiber Adjustable Paddle $255.00, Perception Kayak Rambler 9.5 $479.00, Perception Universal Kayak Paddle $99.99, Kent Type II Life Vest $11.99, Kokatat OutFIT Life Jacket $185.00, Coleman Scanoe $899.99, Canoe Paddle $24.99, Trolling Motor $107.99, Marine Battery $129.99, Master Lock $18.48, Master Lock Looped Cable $25.98.

Please enter your legal name as it appears on your passport.

I AGREE:


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By checking here, you acknowledge you have read and understand the above terms, and are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.


Signing Date