Assumption of Risk
I understand there are risks involved in using rental canoes, kayaks, stand up paddle boards (SUP) and anything else collectively
known as “watercraft”. Examples of such risk are including but not limited to the following:
*unanticipated changes in weather including rain, wind, storms *physical injury, illness or fatigue
* unanticipated rough waters from weather or other boaters *falling into the water from dock or other surface
* capsize of the watercraft resulting in injury, becoming waterlogged, becoming hypothermic, or drowning
*unpredictable conditions related to Mother Nature such as: currents, dams, rapids, deep/cold water, rocks, logs, animals, etc.
There are no lifeguards nor any supervision given
LIFE JACKETS MUST BE WORN AT ALL TIMES
Waiver and Release of Liability
I hereby release and discharge K&M Holdings, LLC, DBA NautiMI on the River (hereinafter referred to as “Released Parties”) and any person related to it in any way – as well as any business or vendor – from any and all liability whatsoever for injuries, damages, claims or causes of action (known or unknown) arising out of their negligence or other fault. This includes without limitation injuries or damages which may result from the negligence of other guests or patrons; the excessive consumption of alcohol/drugs by myself or other persons; the negligent operation, maintenance, care, design or malfunction of any equipment; the failure to prevent theft, assault, or other misconduct by others; wrongful death; and/or any other improper or negligent act or instruction, whether related to physical activity, drinking/drugs, or not. I hereby acknowledge that I have fully read and understand each of the above provisions. I am fully competent, and I sign this agreement voluntarily and for adequate consideration intending to be fully bound.
DAMAGES AND FINES
Any damages to the boat or personal property of Klave Kunnert, LLC, K&M Holdings, LLC, DBA NautiMI on the River, AKA NauTikiMI Charters will be subject to fines appropriate to replacement value. I understand and agree that NauTikiMI will charge the Booking Individual’s credit card if NauTikiMI is fined, ticketed, cited or punished due to a rider’s actions. I understand that my name and/or the Booking Individual’s name may be shared with law enforcement if any legal violations occur during the Tour.
I hereby agree that by renting this/these watercraft from the Released Parties I accept liability for any injury or harm that may occur while using the equipment, regardless of its condition. I assume all risk and responsibility in connection with the damage, loss or destruction of rented and personal property which I bring on the watercraft. By signing this agreement, I understand that I waive my
right to bring court action to recover compensation or to obtain any other remedy for any injury to myself, my responsible party, my property, or my death, however caused, arising out of my use of any equipment or programs of the Released Parties. I understand there are inherent risks with water sports. I acknowledge I have the skills to properly use the rented equipment properly and that I will use it in a safe manner that is not contrary to recommended use or manufacturer standards. I understand and agree that I will be charged for and legally liable for damage/replacement of equipment/facility belonging to Released Parties, should damage or loss take place due to neglect, recklessness, willful actions or any other reason. I hereby agree to defend, indemnify and hold harmless Released Parties and any person related in any way to it from and against any third-party losses, damages, actions, suits, claims, judgements, settlements, awards, interest, penalties, expenses (including
attorneys’’ fees) and cost of any kind for any personal injury, loss of life or damage to property relating in any way to my use of the Released Parties services and equipment, my drinking/drug use, and/or my participation.
Social Media/website/Photos/Videos – By participating in or attending any activity in connection with NautiMI on the River, or “Released Parties”, I consent to the use of any photographs, film, or video taken of me or provided by me for publicity, promotion, or any other use, and expressly waive any right of privacy, compensation, copyright or other ownership right connected to the same.
