Waiver of Liability
Backcountry Attitudes requires every participant to accept a Waiver of Liability. If you do not fully understand the contents of this waiver, then you are welcome to seek assistance from your lawyer or other professional.
Rental Equipment Agreement, Waiver and Release of Liability
Rental Equipment Agreement, Waiver and Release of Liability Kayaks, Paddleboards and Related Watersports and Camping Equipment
Boat (Kayak/SUP) and Equipment Rental Agreement between Backcountry Attitudes, LLC, Ruidoso, New Mexico herein called, “Lessor,” and the undersigned, herein called, “Participant” This agreement also constitutes a Waiver and Release of Liability, whereby the Participant agrees to release, discharge, hold harmless, defend and indemnify Backcountry Attitudes, LLC and its owners, agents, officers and employees from any and all claims, actions or losses for bodily injury, property damage, wrongful death, loss of services or otherwise which may arise out of Participant’s use of Kayaking or Paddleboarding Equipment, premises or facilities or Participant’s participation in kayaking or paddle sports activities. By signing this document, Participant acknowledges he/she specifically understands he/she (Participant) is releasing, discharging and waiving any claims or actions that I may have at the present time, or in the future, for the negligent acts, omissions or other conduct by the owners, agents, officers or employees of Backcountry Attitudes.
- Participant shall obey all state, federal and local Boating Regulations, laws, ordinances and lawful directives from appropriate emergency or law enforcement personnel, while operating or renting boats or equipment from Backcountry Attitudes, LLC. Participant is solely responsible for any citation or violation occurring during the use of, or as the result of using, rental boats or equipment from Backcountry Attitudes, LLC.
- Participant represents that he/she is capable of safely operating and handling the Equipment and finds it in good working order, condition and repair. Renter represents that he/she has adequate skills, knowledge, and experience to safely complete the planned activity and that adequate preparations have been made to ensure safe completion of the trip.
- Participant shall bear all risk and responsibility of and for any and all damage, loss or theft of the rental boats and/or Equipment, or any portions thereof, including, but not limited to vandalism or theft, and shall pay the Lessor (Backcountry Attitudes, LLC) the full cost of repair or replacement.
- Participant shall return boats and equipment in the condition in which it was received. Minimum charges for repairs, labor and cleaning will be applied in the event rental boats or equipment require repair or excessive cleaning. Participant agrees to use all equipment for its designed purpose only.
RECOGNITION OF RISK: Participant expressly acknowledges that kayaking and Paddleboarding are activities with inherent risks of injury to persons and property. PARTICIPANT IS AWARE OF THOSE RISKS AND UNDERSTANDS THEM. Participant acknowledges that PFD’s (Lifejackets) are made available and that ALL PARTICIPANTS ARE REQUIRED TO WEAR PFD’s/LIFEJACKETS WHILE USING RENTAL BOATS AND EQUIPMENT. Participant understands that use of a PFD does not remove all risks of injury; nor does PFD use make Kayaking or Paddleboarding safe activities. Renter alone has determined the sufficiency of any safety gear or other precautions that Participant decides to take to minimize the risks of the activity. No party related to Lessor, including Owner and Employees, has made any representations regarding the safety of, or the risks of, the activity. PARTICIPANT EXPRESSLY ASSUMES THE RISKS OF THE ACTIVITY.
RELEASE OF LIABILITY: Participant hereby RELEASES Lessor (Backcountry Attitudes, LLC), its owners and its employees from liability for negligence and HOLDS HARMLESS the Lessor, its owner and its employees from any loss, expense or cost, including attorney fees, arising out of any damages or injuries, whether to persons or property, occurring as a result of the rental or use of said boat and/or Equipment.
This agreement constitutes the entire agreement between Lessor and Participant and no term may be waived or modified (including provision against oral modification) except in writing signed by both parties. There are no warranties, expressed or implied, by Lessor to Participant, except as contained herein, and Lessor shall not be liable for any loss or injury to Participant nor to anyone else, of any kind or however caused. This agreement is one of bailment only and Participant is not Lessor’s agent while using said boat(s) or Equipment. The laws of the State of New Mexico shall govern this agreement.
NON COMPLIANCE WITH THE ABOVE AGREEMENT MAY RESULT IN CHARGES FOR LOSS OR DAMAGE.
By accepting this waiver, I confirm that I am of the Age of Majority and that I have read and understood this Agreement and agree that this Agreement will be binding upon my heirs, next of kin, executors, administrators and successors. If under 18 years, parent or legal guardian must accept this waiver.
I certify that the information I have provided on my enrollment form is correct.