In connection with its ISUPs, (inflatable stand up paddle board(s)) and their equipment, including but not limited to paddles, inflation device, fins, (referred to herein as “Equipment”), or participation in instruction, rides, trips, adventures, individual use, or tours (referred to herein as “Activity” or “Activities”), and both together referred to herein as Peaks Island Strength and Wellness LLC of Peaks Island, ME, (referred to herein as “PISW”),  in exchange for valuable consideration the sufficiency of which is hereby acknowledged, Renter and or user of Rental (together referred to herein as “Participant(s)”) understands, acknowledges and agrees for themselves and for all minor children in their care, that

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1. THIS DOCUMENT IS A LEGALLY BINDING CONTRACT.  READ  CAREFULLY BEFORE SIGNING.

 

2.  Rental will be used only by individuals 18 years of age and older who have signed this LIABILITY WAIVER, and minor children in their care.

 

3.  PISW is responsible for providing the Equipment and does not warrant or guarantee its fitness for the intended use.

 

4.  Equipment will be inspected by Participant(s) carefully before use. If any Equipment is deemed unsatisfactory, Participant(s) will advise PISW or its agent or representative immediately and Participant(s) will not use the unsatisfactory Equipment or permit it to be used. 

 

5.      There is an inherent risk of accident and/or injury from Rental including paralysis and death. Risks might include but not be limited to slipping, falling, air and water temperature, wind, lightning, river and rip current, tidal and wave action, plants and animals, boats, vehicles, collision, transportation to and from Activity, and uneven or slippery roads and other surfaces.

 

6.      Participant(s) and or minor children in their care have no medical condition that would make them unfit for the Activity.

 

7.      Participant(s) hereby releases, indemnifies, and holds harmless PISW,  its members, owners, employees, contractors and agents, and the owners or lessees of any premises used for Rental, collectively referred to as the Releasees, from any and all claims, losses or liability for any damages and/or injuries sustained in connection with Rental including from the operation, lack of proper supervision, use, or misuse of Equipment. Participant(s) hereby assumes all liability, whether or not arising from the fault or negligence of Releasees, to the fullest extent of the law.

 

8. Equipment, including but not limited to ISUPs, will be used in accordance with all applicable laws and regulations.

 

9. Participant(s) on a ISUP will wear a life jacket at all times.

 

10. Participant(s) agree to check Peaks Island weather (click here for local doppler radar) and tides (click here for local tide chart) before they use a ISUP.

 

11. Equipment will be used only in daylight hours.

 

12. Equipment will not be dragged, as dragging causes damage.

 

13. Equipment will be returned in the same condition as received, normal wear and tear excepted. Renter assumes all responsibility for misplaced, incomplete, lost and/or stolen equipment.

 

14. Paddles do not always float. Renter will be charged $50 for each lost paddle.

 

15. Equipment used for recreation in a waterfront area often will get sandy and muddy. Renter will be charged a $30 cleaning charge for each piece of equipment returned that is otherwise soiled.

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16.a) ISUP NAVIGATION LIMITATIONS. Renter agrees not to allow ISUPs or Equipment to be taken or used on the Back Shore.  ISUPs and Equipment may be used on the Northwestern side of Peaks Island (the side closest to Portland, ME where the Peaks Island ferry travels) between the Trefethen Landing (commonly known as TEIA) and Sandy Beach (off of Greenwood Ave.) Renter agrees to stay within 100 ft. of the Peaks Island shoreline at all times.  Renter agrees not to visit private islands, including but not limited to House Island and Cushing Island.

 

16.b) ISUP WEATHER. Renter acknowledges that weather can be unpredictable. There will be no refunds for changes in wind or weather after Renter has begun Activity.

 

16.c) ISUP ACCIDENTS. Renter agrees to inform PISW immediately of any accident involving the ISUP.

 

17.a) CHARGE FOR LATE RETURN OF EQUIPMENT.  Renter agrees to pay $50 per hour for every hour or fraction of an hour for late return of Equipment (Late Return Charge). Late Return Charge will apply until the Equipment is returned to PISW at the point of departure even if Recovery is required.

 

17.b) CHARGE FOR RECOVERY OF EQUIPMENT. (RECOVERY CHARGE) Renter acknowledges that PISW is not equipped to provide assistance to return the Equipment at the point of departure (the Recovery). In the event Renter requires assistance from PISW to return the Equipment at the point of departure or thereafter and PISW does render it, Renter agrees to pay PISW $100 per man hour or fraction thereof for the time required, plus the actual cost of a third party if hired to recover the Equipment. The Recovery Charge will apply in addition to Late Charge.

 

17.c) CHARGE FOR LOSS AND/OR DAMAGE TO EQUIPMENT. Renter agrees to pay for loss and/or damages to the Equipment incurred while it is rented (reasonable wear and tear excluded).

 

18. PISW has made no representations, promises or inducement orally or otherwise that are not in this contract.

 

APPLICABLE LAW

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The provisions of this Agreement, including but not limited to the Waiver of Liability/Release/ Indemnification provisions, are governed by the Laws of the State of Maine. If any portion of this release from liability shall be deemed by a Court of competent jurisdiction to be invalid, then the remainder of this release from liability shall remain in full force and effect and the offending provision or provisions severed here from. This release cannot be modified orally.

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WHEREFORE…

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I recognize and agree that accessing the ISUPs of Peaks Island Strength and Wellness LLC is a valuable privilege, and that I have read, understand, accept, and agree to all of the foregoing terms and conditions.