Terms and Services
- I am 18 years of age
- I understand the risks of going on the water and agree to wear a life jacket.
- I agree to not dive or jump off my paddle board.
- I agree to return all items to the rental rack and secure lock.
- I understand I will be held responsible for any damage or stolen equipment related to my rental and authorize being charged for the said damages.
- I authorize being charged an additional fee for returning the boards late.
In consideration for the rental and use of watercraft equipment (the “Equipment”), Renter hereby rents from HiWater LLC d/b/a HiWater for the period(s) and charges specified under these Terms and Conditions. Renter agrees, as further consideration for such, that Renter and all members of Renter’s party will comply with the following Duties and Obligations.
1) All rented Equipment must be operated in strict compliance with all local, state, and federal laws and in compliance with all safety and operating procedures provided under Rules on page 1. In the event Renter fails to follow applicable law, rules, established procedures,or verbal instructions HiWater reserves the right to immediately terminate use of Equipment by Renter. HiWater reserves the right to refuse use of the Equipment by anyone.
2) Renter understands the Renter is hereby assuming responsibility for all persons in Renter’s party, whether adults or minors, utilizing any Equipment, and for their acts which may cause damage or injury to property or persons. Renter is in good health, not under the influence of alcohol or drugs and is otherwise capable of safely operating Equipment provided.
3) Renter agrees to promptly return all Equipment rented to the area rented from (if picked up or at place delivered) at the end of the rental period (“Return Time”) in good condition. Renter agrees that Renter is liable for all “Additional Charges” as may be determined by HiWater upon return of Equipment. Renter shall immediately notify HiWater if Equipment is damaged or stolen.
4) Renter understands and agrees that HiWater reserves the right to require Renter to relinquish the use of Equipment at any time due to unsafe or improper use. If, in the opinion of any HiWater employee, Renter becomes incapacitated, violates any terms of this agreement, or allows unauthorized or unfit person(s) to operate Equipment, Renter agrees and understands no portion of the rental fee will be refunded. Renter Responsible for Loss or Damage and Cost of Repair to Equipment Renter agrees to pay the full cost of repairing any damage occurring to Equipment during the period rented under this agreement and/or while it is in the Renter’s possession and control. Such cost of repairing will include not only all parts and labor, but also loss of revenue due to the “down time” as determined by HiWater . Renter hereby authorizes HiWater LLC to charge the credit card provided on contract for the amount of damages/replacement costs incurred, immediately.
Health and Physical Fitness Declaration
Renter makes the following declarations:
- “I, nor anyone for whom I am facilitating use of Equipment,have no mental or physical ailment that precludes use of Equipment in a safe manner for myself and others.”
- “I, nor anyone for whom I am facilitating use of Equipment, am not under the influence of drugs or alcohol which impairs my ability to maintain awareness of my own safety or endanger others. I further attest that I, nor anyone for whom I am facilitating use of Equipment, will not become impaired by drugs or alcohol while Equipment is rented.”
Renter acknowledges having been given and fully understanding the procedures and instructions regarding the safe use and operation of Equipment, and Renter further agrees to comply with these procedures and instructions.
Release of Liability
Renter acknowledges that use of Watercraft Equipment is an activity involving dangers and hazards. Renter hereby voluntarily releases, discharges, waives and relinquishes any and all claims or causes of action for personal injury, property damage, or wrongful death occurring to Renter, or those under the care of Renter, arising from the use of the Equipment rented hereunder, or any activities incidental thereto. RENTER HEREBY ASSUMES ALL RISKS ASSOCIATED WITH USE OF EQUIPMENT AND RELEASES AND HIWATER LLC.
Indemnification and Hold Harmless
Renter Indemnifies HiWater LLC and agrees to hold harmless HiWater LLC from and against any and all claims, actions, damages, costs, and expenses, including attorney’s fees, against or incurred by HiWater LLC, arising from any use of Equipment rented under this agreement, including any claims or actions by any person whom Renter allows to use Equipment while it is being rented under the terms of this agreement. All legal action will be in MIlwaukee County, Wisconsin.
Procedures and Training Manual Acknowledgement
Renter understands the duties/responsibilities owed by Renter (see above). Renter voluntarily participates in these activities with full knowledge of the dangers and hazards involved and Renter expressly agrees to accept these risks and accept responsibility for any and all injury, death, or damage to persons or property occurring while Equipment is being rented and under the terms of this agreement.
I have carefully read this entire agreement (including Renter’s Duties and Obligations and the Paddleboard Rules) and I fully understand the terms herein contained and by signing, I agree to be lawfully bound to this agreement and that I am doing so of my own free will.