Welcome to the Lake Powell Paddleboards and Kayaks LLC Online Check-in!

LAKE POWELL PADDLEBOARDS, LLC 

STAND UP PADDLEBOARD, KAYAK AND PACKRAFT WARNING, ASSUMPTION OF RISK, RELEASE OF

LIABILITY & INDEMNITY AGREEMENT

PLEASE READ CAREFULLY BEFORE SIGNING. THIS IS A RELEASE OF LIABILITY & WAIVER OF LEGAL RIGHTS.

1. Definitions. The person who is participating in stand up paddleboarding, packrafting, and/or kayaking shall be referred to hereinafter as “Participant”. The “Undersigned” means only the Participant when the Participant is age 18 or older OR it means both the Participant and the Participant’s parent or legal guardian when the Participant is under the age of 18. “Released Parties” means Lake Powell Paddleboards, LLC, an Arizona limited liability company (“LPP), and any of [its/their] respective successors in interest, affiliated organizations and companies, owners, insurance carriers, agents, employees, representatives, assigns, officers, board members, directors, members, servants, independent contractors and shareholders. The “Activity” means taking part in stand up paddle boarding, packrafting, and/or kayaking. 

2. Risks of Activity. The Undersigned agree and understand that taking part in the Activity can be HAZARDOUS AND INVOLVES THE RISK OF PHYSICAL INJURY AND/OR DEATH. The Undersigned acknowledge that the Activity is inherently dangerous and fully realize the dangers of participating in the Activity. The risks and dangers of the activity include, but are not limited to: changing weather conditions, changing tides, undertows, changing water conditions, cold water immersion, hidden underwater obstacles, trees or other above water obstacles, changing and unpredictable currents, drowning, water borne infections or disease, air borne infections or disease, exposure, swimming, overturning, improper use of equipment, carrying boards and other equipment, entrapment of feet or other body parts under rocks or other objects or with equipment, equipment failure, dehydration, sunburn, not being familiar with the waterway and forecasted water and weather conditions, high surf, high wind, rapids, other watercraft, docks, pilings or any other obstacles, and mental distress from exposure to any one of the above. I understand there could be damage to my vehicle when using the car racks, straps and pads provided, and that damage could occur during loading or unloading kayaks, paddleboards, or other equipment from my vehicle by LPP employees, myself or anyone else.

UNDERSIGNED ACKNOWLEDGE AND UNDERSTAND THAT THE DESCRIPTION OF THE RISKS LISTED ABOVE IS NOT COMPLETE AND THAT PARTICIPATING IN THE ACTIVITY MAY BE DANGEROUS AND MAY INCLUDE OTHER RISKS. 

3. Release, Indemnification, and Assumption of Risk. In consideration of the Participant being permitted to participate in the Activity, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Undersigned agree as follows:

1. Release. THE UNDERSIGNED HEREBY IRREVOCABLY AND UNCONDITIONALLY RELEASE, FOREVER DISCHARGE, AND AGREE NOT TO SUE OR BRING ANY OTHER LEGAL ACTION AGAINST THE RELEASED PARTIES with respect to any and all claims and causes of action of any nature whether currently known or unknown, which the Undersigned, or any of them, have or which could be asserted on behalf of the Undersigned in connection with the Participant’s participation in the Activity, including, but not limited to claims of negligence, product defect, breach of warranty, and/or breach of contract. 
2. Indemnification. The Undersigned hereby agree to indemnify, defend and hold harmless the Released Parties from and against any and all liabilities, costs, expenses, losses or damages of any kind or nature whatsoever and from and against any suits, judgments, claims, actions, and causes of action or demands, including legal fees and expenses whether or not in litigation, directly or indirectly arising out of, or related to, Participant’s participation in the Activity. Such obligation on the part of the Undersigned shall survive the period of the Participant’s participation in the Activity. 
3. Assumption of Risk. The Undersigned agree and understand that there are dangers and risks associated with the participation in the Activity and that INJURIES AND/OR DEATH may result from participating in the Activity, including, but not limited to the acts, omissions, representations, carelessness, and negligence of the Released Parties. By signing this document, the Undersigned recognize that property loss, injury and death are all possible while participating in the Activity, and the Undersigned is sufficiently informed about the risks involved to decide whether to sign this document. RECOGNIZING THE RISKS AND DANGERS, THE UNDERSIGNED UNDERSTAND THE NATURE OF THE ACTIVITY AND VOLUNTARILY CHOOSE FOR PARTICIPANT TO PARTICIPATE IN AND EXPRESSLY ASSUME ALL RISKS AND DANGERS OF THE PARTICPATION IN THE ACTIVITY, WHETHER OR NOT DESCRIBED ABOVE, KNOWN OR UNKNOWN, INHERENT, OR OTHERWISE. By signing this Agreement, the Undersigned acknowledges and represents that they have read the Agreement, understand it and sign it voluntarily as their own free act and deed, including without limitation the Release of Liability, Indemnification, and Assumption of Risk requirements contained in this document 

4. Minor Acknowledgment. In the case of a minor Participant, the Undersigned parent or legal guardian acknowledges that he/she is not only signing this Agreement on his/her behalf, but that he/she is also signing on behalf of the minor, and that the minor shall be bound by all the terms of this Agreement. Additionally, by signing this Agreement as the parent or legal guardian of a minor, the parent or legal guardian understands that he/she is also waiving rights on behalf of the minor that the minor otherwise may have. The Undersigned parent or legal guardian agrees that, but for the foregoing, the minor would not be permitted to participate in the Activity. By signing this Agreement without a parent or legal guardian’s signature, Participant, under penalty of fraud, represents that he/she is at least 18 years of age. If signing as the parent or guardian of a minor Participant, signing adults, under penalty of fraud, represent that they are a legal parent or guardian of the minor Participant.

5. Medical Care. Undersigned authorize the Released Parties and/or their authorized personnel to call for medical care for Participant or to transport Participant to a medical facility or hospital if, in the opinion of such personnel, medical attention is needed. Undersigned agree to pay all costs associated with such medical care and related transportation.

6. Miscellaneous. The Undersigned further agree and understand: (a) Participant will not engage in any activities prohibited by any applicable laws, statutes, regulations and ordinances; (b) this Agreement shall be governed by the laws of the State of Arizona, and the exclusive jurisdiction for any claim shall be the venue of Coconino County or the federal court of the State of Arizona; (c) this Agreement constitutes the entire agreement between the parties hereto and supersedes any and all prior contracts, arrangements, communications, or representations, whether oral or written, between the parties relating to the subject matter hereof; (d) there shall be deemed to be no other terms, conditions, promises, understandings, statements or representations, express or implied, concerning this Agreement unless set forth in writing and signed by the parties hereto; (e) no modifications of this Agreement shall be binding unless evidenced by a writing signed by the parties hereto, and any attempt at oral modification of this Agreement shall be void and of no effect; (f) this Agreement shall be construed according to its fair meaning and as if prepared by all parties hereto; and (g) the Undersigned understand and acknowledge that this Agreement is a contract and shall be binding to the fullest extent permitted by law. If any part of this Agreement is deemed to be unenforceable, the remaining provisions hereof shall remain in full force and effect , and the unenforceable provision(s) shall be deemed modified to the limited extent required to permit enforcement of the Agreement as a whole. It is the intent of the Undersigned that this Agreement shall be binding upon and inure to the benefit of the Undersigned individually and the assigns, subrogors, subrogee, distributors, heirs, next of kin, executors, administrators, successors, and personal representatives of the Undersigned. Words of the masculine gender shall include the feminine and neuter genders; and when the sentence so indicates, words of the neuter gender shall refer to any gender.  Words of a singular shall include the plural and vice versa. The headings in this Agreement are inserted for reference only and shall not define or limit the provisions hereof. This Agreement may be executed in counterparts, each of which shall be deemed an original but all of which shall constitute one and the same instrument, and this Agreement may also be signed by facsimile or electronic signatures, which shall be fully valid and binding upon the Undersigned.

I HAVE CAREFULLY READ THE FOREGOING ASSUMPTION OF RISK, RELEASE OF LIABILITY & INDEMNITY AGREEMENT AND UNDERSTAND ITS CONTENTS. I AM AWARE THAT I AM RELEASING LEGAL RIGHTS THAT OTHERWISE MAY EXIST.

If I am not present during the delivery or return of my paddleboard, kayak, or packraft, I will be fully responsible for any loss, theft or damage to the same and any damage to any vehicle used to transport them or any other vehicle or property damaged by the rental equipment.

Lake Powell Paddleboards, LLC may take and use photographs/video of me or any minor child or ward with or without my name and may be used for any lawful purpose, including advertising, marketing and web content. 

When engaging in the rental or use of LPP rental equipment, including car racks, I agree to accept all responsibility to maintain the condition and whereabouts of all the equipment rented for the entire rental period and to pay all repair and/or replacement costs for any damage or theft that may occur to equipment, or to my own or others vehicles or property during the rental period. Should I damage any rental equipment, I agree to pay a damage fee not to exceed $300 per paddleboard, $50 per paddle, $650 per packraft and $200 per kayak, which I authorize to be charged to the credit card I paid for this rental with. Should I lose or destroy any rental equipment or allow it to get stolen, I agree to pay a replacement fee of $850 per paddleboard, $500 per kayak, $80 per paddle, $25 per life jacket, and $650 per packraft, which I authorize to be charged to the credit card I paid for this rental with. If I am not present during the delivery or return of my paddleboard, kayak, or packraft, I will be fully responsible for any loss, theft or damage to the same and any damage to any vehicle used to transport them or damaged by the rental equipment. 

I understand and agree that I, and any minor 13 years old or above must wear a Life Jacket (Personal Flotation Device) at all times while on the lake or river. I understand that minors 12 years old or under must be wearing a life jacket at all times while on the lake or river. I understand that leashes should always be worn at all times while paddleboarding. (required)

COVID-19 Risk.

COVID-19 WAIVER OF LIABILITY AND INDEMNIFICATION 

I agree that I am personally responsible for my safety and actions while using, allowing or participating in Lake Powell Paddleboards LLC rental equipment, tours, loading and unloading equipment on and in my vehicle. I agree to comply with all LPP policies and rules, including but not limited to all LPP policies, guidelines, signage, and instructions. Because Lake Powell Paddleboards LLC is open for use by other individuals, I recognize that I am at higher risk of contracting COVID-19.

With full awareness and appreciation of the risks involved, I, for myself and on behalf of a minor Participant, family, spouse, estate, heirs, executors, administrators, assigns, and personal representatives, hereby forever release, waive, discharge, and covenant not to sue Lake Powell Paddleboards, LLC, it’s board members, directors, shareholders, members, officers, owners, servants, independent contractors, representatives, affiliates, employees, insurance carriers, agents, successors, and assigns (collectively the “Released Parties”) from and against any and all liabilities, costs, expenses, damages, claims, lawsuits, judgments, losses, demands, actions, and causes of action whatsoever, directly or indirectly arising out of or related to any loss, damage, or injury, including death, that may be sustained by me or a minor Participant related to COVID-19, whether caused by the negligence of the Released Parties, any third-party using Lake PowellPaddleboards equipment or tours, or otherwise, while participating in any activity while in, on, or around Lake Powell Paddleboards store, Glen Canyon National Recreation Area and/or while using any Lake Powell Paddleboards LLC facilities, tools, equipment, or materials. 

I agree to indemnify, defend, and hold harmless the Released Parties from and against any and all costs, expenses, damages, claims, lawsuits, judgments, losses, demands, actions, causes of action and/or liabilities whatsoever (including attorney’s fees) arising either directly or indirectly from or related to any and all claims made by or against any of the Released Parties due to bodily injury, death, loss of use, monetary loss, or any other injury from or related to my use of Lake Powell Paddleboards facilities, tools, equipment, or materials, whether caused by the negligence of the Released Parties or otherwise specifically related to COVID-19.

By signing below I acknowledge and represent that I have read the foregoing Waiver of Liability and Indemnification, understand it and sign it voluntarily as my own free act and deed, including without limitation the Release of Liability and Indemnification requirements contained in this document; I am sufficiently informed about the risks involved in using Lake Powell Paddleboards equipment to decide whether to sign this document; no oral representations, statements, or inducements, apart from the foregoing written agreement, have been made; I am at least eighteen (18) years of age and fully competent; and I execute this document for full, adequate, and complete consideration fully intending to be bound by the same. I agree that this Wavier of Liability shall be governed by and construed in accordance with Arizona law, and that if any of the provisions hereof are found to be unenforceable, the remaining provisions hereof shall remain in full force and effect, and the unenforceable provision(s) shall be deemed modified to the limited extent required to permit enforcement of the Wavier of Liability as a whole. 

LAKE POWELL PADDLEBOARDS, LLC 

STAND UP PADDLEBOARD, KAYAK AND PACKRAFT WARNING, ASSUMPTION OF RISK, RELEASE OF

LIABILITY & INDEMNITY AGREEMENT

PLEASE READ CAREFULLY BEFORE SIGNING. THIS IS A RELEASE OF LIABILITY & WAIVER OF LEGAL RIGHTS.

1. Definitions. The person who is participating in stand up paddleboarding, packrafting, and/or kayaking shall be referred to hereinafter as “Participant”. The “Undersigned” means only the Participant when the Participant is age 18 or older OR it means both the Participant and the Participant’s parent or legal guardian when the Participant is under the age of 18. “Released Parties” means Lake Powell Paddleboards, LLC, an Arizona limited liability company (“LPP), and any of [its/their] respective successors in interest, affiliated organizations and companies, owners, insurance carriers, agents, employees, representatives, assigns, officers, board members, directors, members, servants, independent contractors and shareholders. The “Activity” means taking part in stand up paddle boarding, packrafting, and/or kayaking. 

2. Risks of Activity. The Undersigned agree and understand that taking part in the Activity can be HAZARDOUS AND INVOLVES THE RISK OF PHYSICAL INJURY AND/OR DEATH. The Undersigned acknowledge that the Activity is inherently dangerous and fully realize the dangers of participating in the Activity. The risks and dangers of the activity include, but are not limited to: changing weather conditions, changing tides, undertows, changing water conditions, cold water immersion, hidden underwater obstacles, trees or other above water obstacles, changing and unpredictable currents, drowning, water borne infections or disease, air borne infections or disease, exposure, swimming, overturning, improper use of equipment, carrying boards and other equipment, entrapment of feet or other body parts under rocks or other objects or with equipment, equipment failure, dehydration, sunburn, not being familiar with the waterway and forecasted water and weather conditions, high surf, high wind, rapids, other watercraft, docks, pilings or any other obstacles, and mental distress from exposure to any one of the above. I understand there could be damage to my vehicle when using the car racks, straps and pads provided, and that damage could occur during loading or unloading kayaks, paddleboards, or other equipment from my vehicle by LPP employees, myself or anyone else.

UNDERSIGNED ACKNOWLEDGE AND UNDERSTAND THAT THE DESCRIPTION OF THE RISKS LISTED ABOVE IS NOT COMPLETE AND THAT PARTICIPATING IN THE ACTIVITY MAY BE DANGEROUS AND MAY INCLUDE OTHER RISKS. 

3. Release, Indemnification, and Assumption of Risk. In consideration of the Participant being permitted to participate in the Activity, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Undersigned agree as follows:

1. Release. THE UNDERSIGNED HEREBY IRREVOCABLY AND UNCONDITIONALLY RELEASE, FOREVER DISCHARGE, AND AGREE NOT TO SUE OR BRING ANY OTHER LEGAL ACTION AGAINST THE RELEASED PARTIES with respect to any and all claims and causes of action of any nature whether currently known or unknown, which the Undersigned, or any of them, have or which could be asserted on behalf of the Undersigned in connection with the Participant’s participation in the Activity, including, but not limited to claims of negligence, product defect, breach of warranty, and/or breach of contract. 
2. Indemnification. The Undersigned hereby agree to indemnify, defend and hold harmless the Released Parties from and against any and all liabilities, costs, expenses, losses or damages of any kind or nature whatsoever and from and against any suits, judgments, claims, actions, and causes of action or demands, including legal fees and expenses whether or not in litigation, directly or indirectly arising out of, or related to, Participant’s participation in the Activity. Such obligation on the part of the Undersigned shall survive the period of the Participant’s participation in the Activity. 
3. Assumption of Risk. The Undersigned agree and understand that there are dangers and risks associated with the participation in the Activity and that INJURIES AND/OR DEATH may result from participating in the Activity, including, but not limited to the acts, omissions, representations, carelessness, and negligence of the Released Parties. By signing this document, the Undersigned recognize that property loss, injury and death are all possible while participating in the Activity, and the Undersigned is sufficiently informed about the risks involved to decide whether to sign this document. RECOGNIZING THE RISKS AND DANGERS, THE UNDERSIGNED UNDERSTAND THE NATURE OF THE ACTIVITY AND VOLUNTARILY CHOOSE FOR PARTICIPANT TO PARTICIPATE IN AND EXPRESSLY ASSUME ALL RISKS AND DANGERS OF THE PARTICPATION IN THE ACTIVITY, WHETHER OR NOT DESCRIBED ABOVE, KNOWN OR UNKNOWN, INHERENT, OR OTHERWISE. By signing this Agreement, the Undersigned acknowledges and represents that they have read the Agreement, understand it and sign it voluntarily as their own free act and deed, including without limitation the Release of Liability, Indemnification, and Assumption of Risk requirements contained in this document 

4. Minor Acknowledgment. In the case of a minor Participant, the Undersigned parent or legal guardian acknowledges that he/she is not only signing this Agreement on his/her behalf, but that he/she is also signing on behalf of the minor, and that the minor shall be bound by all the terms of this Agreement. Additionally, by signing this Agreement as the parent or legal guardian of a minor, the parent or legal guardian understands that he/she is also waiving rights on behalf of the minor that the minor otherwise may have. The Undersigned parent or legal guardian agrees that, but for the foregoing, the minor would not be permitted to participate in the Activity. By signing this Agreement without a parent or legal guardian’s signature, Participant, under penalty of fraud, represents that he/she is at least 18 years of age. If signing as the parent or guardian of a minor Participant, signing adults, under penalty of fraud, represent that they are a legal parent or guardian of the minor Participant.

5. Medical Care. Undersigned authorize the Released Parties and/or their authorized personnel to call for medical care for Participant or to transport Participant to a medical facility or hospital if, in the opinion of such personnel, medical attention is needed. Undersigned agree to pay all costs associated with such medical care and related transportation.

6. Miscellaneous. The Undersigned further agree and understand: (a) Participant will not engage in any activities prohibited by any applicable laws, statutes, regulations and ordinances; (b) this Agreement shall be governed by the laws of the State of Arizona, and the exclusive jurisdiction for any claim shall be the venue of Coconino County or the federal court of the State of Arizona; (c) this Agreement constitutes the entire agreement between the parties hereto and supersedes any and all prior contracts, arrangements, communications, or representations, whether oral or written, between the parties relating to the subject matter hereof; (d) there shall be deemed to be no other terms, conditions, promises, understandings, statements or representations, express or implied, concerning this Agreement unless set forth in writing and signed by the parties hereto; (e) no modifications of this Agreement shall be binding unless evidenced by a writing signed by the parties hereto, and any attempt at oral modification of this Agreement shall be void and of no effect; (f) this Agreement shall be construed according to its fair meaning and as if prepared by all parties hereto; and (g) the Undersigned understand and acknowledge that this Agreement is a contract and shall be binding to the fullest extent permitted by law. If any part of this Agreement is deemed to be unenforceable, the remaining provisions hereof shall remain in full force and effect , and the unenforceable provision(s) shall be deemed modified to the limited extent required to permit enforcement of the Agreement as a whole. It is the intent of the Undersigned that this Agreement shall be binding upon and inure to the benefit of the Undersigned individually and the assigns, subrogors, subrogee, distributors, heirs, next of kin, executors, administrators, successors, and personal representatives of the Undersigned. Words of the masculine gender shall include the feminine and neuter genders; and when the sentence so indicates, words of the neuter gender shall refer to any gender.  Words of a singular shall include the plural and vice versa. The headings in this Agreement are inserted for reference only and shall not define or limit the provisions hereof. This Agreement may be executed in counterparts, each of which shall be deemed an original but all of which shall constitute one and the same instrument, and this Agreement may also be signed by facsimile or electronic signatures, which shall be fully valid and binding upon the Undersigned.

I HAVE CAREFULLY READ THE FOREGOING ASSUMPTION OF RISK, RELEASE OF LIABILITY & INDEMNITY AGREEMENT AND UNDERSTAND ITS CONTENTS. I AM AWARE THAT I AM RELEASING LEGAL RIGHTS THAT OTHERWISE MAY EXIST.

If I am not present during the delivery or return of my paddleboard, kayak, or packraft, I will be fully responsible for any loss, theft or damage to the same and any damage to any vehicle used to transport them or any other vehicle or property damaged by the rental equipment.

Lake Powell Paddleboards, LLC may take and use photographs/video of me or any minor child or ward with or without my name and may be used for any lawful purpose, including advertising, marketing and web content. 

When engaging in the rental or use of LPP rental equipment, including car racks, I agree to accept all responsibility to maintain the condition and whereabouts of all the equipment rented for the entire rental period and to pay all repair and/or replacement costs for any damage or theft that may occur to equipment, or to my own or others vehicles or property during the rental period. Should I damage any rental equipment, I agree to pay a damage fee not to exceed $300 per paddleboard, $50 per paddle, $650 per packraft and $200 per kayak, which I authorize to be charged to the credit card I paid for this rental with. Should I lose or destroy any rental equipment or allow it to get stolen, I agree to pay a replacement fee of $850 per paddleboard, $500 per kayak, $80 per paddle, $25 per life jacket, and $650 per packraft, which I authorize to be charged to the credit card I paid for this rental with. If I am not present during the delivery or return of my paddleboard, kayak, or packraft, I will be fully responsible for any loss, theft or damage to the same and any damage to any vehicle used to transport them or damaged by the rental equipment. 

I understand and agree that I, and any minor 13 years old or above must wear a Life Jacket (Personal Flotation Device) at all times while on the lake or river. I understand that minors 12 years old or under must be wearing a life jacket at all times while on the lake or river. I understand that leashes should always be worn at all times while paddleboarding. (required)

COVID-19 Risk.

COVID-19 WAIVER OF LIABILITY AND INDEMNIFICATION 

I agree that I am personally responsible for my safety and actions while using, allowing or participating in Lake Powell Paddleboards LLC rental equipment, tours, loading and unloading equipment on and in my vehicle. I agree to comply with all LPP policies and rules, including but not limited to all LPP policies, guidelines, signage, and instructions. Because Lake Powell Paddleboards LLC is open for use by other individuals, I recognize that I am at higher risk of contracting COVID-19.

With full awareness and appreciation of the risks involved, I, for myself and on behalf of a minor Participant, family, spouse, estate, heirs, executors, administrators, assigns, and personal representatives, hereby forever release, waive, discharge, and covenant not to sue Lake Powell Paddleboards, LLC, it’s board members, directors, shareholders, members, officers, owners, servants, independent contractors, representatives, affiliates, employees, insurance carriers, agents, successors, and assigns (collectively the “Released Parties”) from and against any and all liabilities, costs, expenses, damages, claims, lawsuits, judgments, losses, demands, actions, and causes of action whatsoever, directly or indirectly arising out of or related to any loss, damage, or injury, including death, that may be sustained by me or a minor Participant related to COVID-19, whether caused by the negligence of the Released Parties, any third-party using Lake PowellPaddleboards equipment or tours, or otherwise, while participating in any activity while in, on, or around Lake Powell Paddleboards store, Glen Canyon National Recreation Area and/or while using any Lake Powell Paddleboards LLC facilities, tools, equipment, or materials. 

I agree to indemnify, defend, and hold harmless the Released Parties from and against any and all costs, expenses, damages, claims, lawsuits, judgments, losses, demands, actions, causes of action and/or liabilities whatsoever (including attorney’s fees) arising either directly or indirectly from or related to any and all claims made by or against any of the Released Parties due to bodily injury, death, loss of use, monetary loss, or any other injury from or related to my use of Lake Powell Paddleboards facilities, tools, equipment, or materials, whether caused by the negligence of the Released Parties or otherwise specifically related to COVID-19.

By signing below I acknowledge and represent that I have read the foregoing Waiver of Liability and Indemnification, understand it and sign it voluntarily as my own free act and deed, including without limitation the Release of Liability and Indemnification requirements contained in this document; I am sufficiently informed about the risks involved in using Lake Powell Paddleboards equipment to decide whether to sign this document; no oral representations, statements, or inducements, apart from the foregoing written agreement, have been made; I am at least eighteen (18) years of age and fully competent; and I execute this document for full, adequate, and complete consideration fully intending to be bound by the same. I agree that this Wavier of Liability shall be governed by and construed in accordance with Arizona law, and that if any of the provisions hereof are found to be unenforceable, the remaining provisions hereof shall remain in full force and effect, and the unenforceable provision(s) shall be deemed modified to the limited extent required to permit enforcement of the Wavier of Liability as a whole. 

LAKE POWELL PADDLEBOARDS, LLC 

STAND UP PADDLEBOARD, KAYAK AND PACKRAFT WARNING, ASSUMPTION OF RISK, RELEASE OF

LIABILITY & INDEMNITY AGREEMENT

PLEASE READ CAREFULLY BEFORE SIGNING. THIS IS A RELEASE OF LIABILITY & WAIVER OF LEGAL RIGHTS.

1. Definitions. The person who is participating in stand up paddleboarding, packrafting, and/or kayaking shall be referred to hereinafter as “Participant”. The “Undersigned” means only the Participant when the Participant is age 18 or older OR it means both the Participant and the Participant’s parent or legal guardian when the Participant is under the age of 18. “Released Parties” means Lake Powell Paddleboards, LLC, an Arizona limited liability company (“LPP), and any of [its/their] respective successors in interest, affiliated organizations and companies, owners, insurance carriers, agents, employees, representatives, assigns, officers, board members, directors, members, servants, independent contractors and shareholders. The “Activity” means taking part in stand up paddle boarding, packrafting, and/or kayaking. 

2. Risks of Activity. The Undersigned agree and understand that taking part in the Activity can be HAZARDOUS AND INVOLVES THE RISK OF PHYSICAL INJURY AND/OR DEATH. The Undersigned acknowledge that the Activity is inherently dangerous and fully realize the dangers of participating in the Activity. The risks and dangers of the activity include, but are not limited to: changing weather conditions, changing tides, undertows, changing water conditions, cold water immersion, hidden underwater obstacles, trees or other above water obstacles, changing and unpredictable currents, drowning, water borne infections or disease, air borne infections or disease, exposure, swimming, overturning, improper use of equipment, carrying boards and other equipment, entrapment of feet or other body parts under rocks or other objects or with equipment, equipment failure, dehydration, sunburn, not being familiar with the waterway and forecasted water and weather conditions, high surf, high wind, rapids, other watercraft, docks, pilings or any other obstacles, and mental distress from exposure to any one of the above. I understand there could be damage to my vehicle when using the car racks, straps and pads provided, and that damage could occur during loading or unloading kayaks, paddleboards, or other equipment from my vehicle by LPP employees, myself or anyone else.

UNDERSIGNED ACKNOWLEDGE AND UNDERSTAND THAT THE DESCRIPTION OF THE RISKS LISTED ABOVE IS NOT COMPLETE AND THAT PARTICIPATING IN THE ACTIVITY MAY BE DANGEROUS AND MAY INCLUDE OTHER RISKS. 

3. Release, Indemnification, and Assumption of Risk. In consideration of the Participant being permitted to participate in the Activity, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Undersigned agree as follows:

1. Release. THE UNDERSIGNED HEREBY IRREVOCABLY AND UNCONDITIONALLY RELEASE, FOREVER DISCHARGE, AND AGREE NOT TO SUE OR BRING ANY OTHER LEGAL ACTION AGAINST THE RELEASED PARTIES with respect to any and all claims and causes of action of any nature whether currently known or unknown, which the Undersigned, or any of them, have or which could be asserted on behalf of the Undersigned in connection with the Participant’s participation in the Activity, including, but not limited to claims of negligence, product defect, breach of warranty, and/or breach of contract. 
2. Indemnification. The Undersigned hereby agree to indemnify, defend and hold harmless the Released Parties from and against any and all liabilities, costs, expenses, losses or damages of any kind or nature whatsoever and from and against any suits, judgments, claims, actions, and causes of action or demands, including legal fees and expenses whether or not in litigation, directly or indirectly arising out of, or related to, Participant’s participation in the Activity. Such obligation on the part of the Undersigned shall survive the period of the Participant’s participation in the Activity. 
3. Assumption of Risk. The Undersigned agree and understand that there are dangers and risks associated with the participation in the Activity and that INJURIES AND/OR DEATH may result from participating in the Activity, including, but not limited to the acts, omissions, representations, carelessness, and negligence of the Released Parties. By signing this document, the Undersigned recognize that property loss, injury and death are all possible while participating in the Activity, and the Undersigned is sufficiently informed about the risks involved to decide whether to sign this document. RECOGNIZING THE RISKS AND DANGERS, THE UNDERSIGNED UNDERSTAND THE NATURE OF THE ACTIVITY AND VOLUNTARILY CHOOSE FOR PARTICIPANT TO PARTICIPATE IN AND EXPRESSLY ASSUME ALL RISKS AND DANGERS OF THE PARTICPATION IN THE ACTIVITY, WHETHER OR NOT DESCRIBED ABOVE, KNOWN OR UNKNOWN, INHERENT, OR OTHERWISE. By signing this Agreement, the Undersigned acknowledges and represents that they have read the Agreement, understand it and sign it voluntarily as their own free act and deed, including without limitation the Release of Liability, Indemnification, and Assumption of Risk requirements contained in this document 

4. Minor Acknowledgment. In the case of a minor Participant, the Undersigned parent or legal guardian acknowledges that he/she is not only signing this Agreement on his/her behalf, but that he/she is also signing on behalf of the minor, and that the minor shall be bound by all the terms of this Agreement. Additionally, by signing this Agreement as the parent or legal guardian of a minor, the parent or legal guardian understands that he/she is also waiving rights on behalf of the minor that the minor otherwise may have. The Undersigned parent or legal guardian agrees that, but for the foregoing, the minor would not be permitted to participate in the Activity. By signing this Agreement without a parent or legal guardian’s signature, Participant, under penalty of fraud, represents that he/she is at least 18 years of age. If signing as the parent or guardian of a minor Participant, signing adults, under penalty of fraud, represent that they are a legal parent or guardian of the minor Participant.

5. Medical Care. Undersigned authorize the Released Parties and/or their authorized personnel to call for medical care for Participant or to transport Participant to a medical facility or hospital if, in the opinion of such personnel, medical attention is needed. Undersigned agree to pay all costs associated with such medical care and related transportation.

6. Miscellaneous. The Undersigned further agree and understand: (a) Participant will not engage in any activities prohibited by any applicable laws, statutes, regulations and ordinances; (b) this Agreement shall be governed by the laws of the State of Arizona, and the exclusive jurisdiction for any claim shall be the venue of Coconino County or the federal court of the State of Arizona; (c) this Agreement constitutes the entire agreement between the parties hereto and supersedes any and all prior contracts, arrangements, communications, or representations, whether oral or written, between the parties relating to the subject matter hereof; (d) there shall be deemed to be no other terms, conditions, promises, understandings, statements or representations, express or implied, concerning this Agreement unless set forth in writing and signed by the parties hereto; (e) no modifications of this Agreement shall be binding unless evidenced by a writing signed by the parties hereto, and any attempt at oral modification of this Agreement shall be void and of no effect; (f) this Agreement shall be construed according to its fair meaning and as if prepared by all parties hereto; and (g) the Undersigned understand and acknowledge that this Agreement is a contract and shall be binding to the fullest extent permitted by law. If any part of this Agreement is deemed to be unenforceable, the remaining provisions hereof shall remain in full force and effect , and the unenforceable provision(s) shall be deemed modified to the limited extent required to permit enforcement of the Agreement as a whole. It is the intent of the Undersigned that this Agreement shall be binding upon and inure to the benefit of the Undersigned individually and the assigns, subrogors, subrogee, distributors, heirs, next of kin, executors, administrators, successors, and personal representatives of the Undersigned. Words of the masculine gender shall include the feminine and neuter genders; and when the sentence so indicates, words of the neuter gender shall refer to any gender.  Words of a singular shall include the plural and vice versa. The headings in this Agreement are inserted for reference only and shall not define or limit the provisions hereof. This Agreement may be executed in counterparts, each of which shall be deemed an original but all of which shall constitute one and the same instrument, and this Agreement may also be signed by facsimile or electronic signatures, which shall be fully valid and binding upon the Undersigned.

I HAVE CAREFULLY READ THE FOREGOING ASSUMPTION OF RISK, RELEASE OF LIABILITY & INDEMNITY AGREEMENT AND UNDERSTAND ITS CONTENTS. I AM AWARE THAT I AM RELEASING LEGAL RIGHTS THAT OTHERWISE MAY EXIST.

If I am not present during the delivery or return of my paddleboard, kayak, or packraft, I will be fully responsible for any loss, theft or damage to the same and any damage to any vehicle used to transport them or any other vehicle or property damaged by the rental equipment.

Lake Powell Paddleboards, LLC may take and use photographs/video of me or any minor child or ward with or without my name and may be used for any lawful purpose, including advertising, marketing and web content. 

When engaging in the rental or use of LPP rental equipment, including car racks, I agree to accept all responsibility to maintain the condition and whereabouts of all the equipment rented for the entire rental period and to pay all repair and/or replacement costs for any damage or theft that may occur to equipment, or to my own or others vehicles or property during the rental period. Should I damage any rental equipment, I agree to pay a damage fee not to exceed $300 per paddleboard, $50 per paddle, $650 per packraft and $200 per kayak, which I authorize to be charged to the credit card I paid for this rental with. Should I lose or destroy any rental equipment or allow it to get stolen, I agree to pay a replacement fee of $850 per paddleboard, $500 per kayak, $80 per paddle, $25 per life jacket, and $650 per packraft, which I authorize to be charged to the credit card I paid for this rental with. If I am not present during the delivery or return of my paddleboard, kayak, or packraft, I will be fully responsible for any loss, theft or damage to the same and any damage to any vehicle used to transport them or damaged by the rental equipment. 

I understand and agree that I, and any minor 13 years old or above must wear a Life Jacket (Personal Flotation Device) at all times while on the lake or river. I understand that minors 12 years old or under must be wearing a life jacket at all times while on the lake or river. I understand that leashes should always be worn at all times while paddleboarding. (required)

COVID-19 Risk.

COVID-19 WAIVER OF LIABILITY AND INDEMNIFICATION 

I agree that I am personally responsible for my safety and actions while using, allowing or participating in Lake Powell Paddleboards LLC rental equipment, tours, loading and unloading equipment on and in my vehicle. I agree to comply with all LPP policies and rules, including but not limited to all LPP policies, guidelines, signage, and instructions. Because Lake Powell Paddleboards LLC is open for use by other individuals, I recognize that I am at higher risk of contracting COVID-19.

With full awareness and appreciation of the risks involved, I, for myself and on behalf of a minor Participant, family, spouse, estate, heirs, executors, administrators, assigns, and personal representatives, hereby forever release, waive, discharge, and covenant not to sue Lake Powell Paddleboards, LLC, it’s board members, directors, shareholders, members, officers, owners, servants, independent contractors, representatives, affiliates, employees, insurance carriers, agents, successors, and assigns (collectively the “Released Parties”) from and against any and all liabilities, costs, expenses, damages, claims, lawsuits, judgments, losses, demands, actions, and causes of action whatsoever, directly or indirectly arising out of or related to any loss, damage, or injury, including death, that may be sustained by me or a minor Participant related to COVID-19, whether caused by the negligence of the Released Parties, any third-party using Lake PowellPaddleboards equipment or tours, or otherwise, while participating in any activity while in, on, or around Lake Powell Paddleboards store, Glen Canyon National Recreation Area and/or while using any Lake Powell Paddleboards LLC facilities, tools, equipment, or materials. 

I agree to indemnify, defend, and hold harmless the Released Parties from and against any and all costs, expenses, damages, claims, lawsuits, judgments, losses, demands, actions, causes of action and/or liabilities whatsoever (including attorney’s fees) arising either directly or indirectly from or related to any and all claims made by or against any of the Released Parties due to bodily injury, death, loss of use, monetary loss, or any other injury from or related to my use of Lake Powell Paddleboards facilities, tools, equipment, or materials, whether caused by the negligence of the Released Parties or otherwise specifically related to COVID-19.

By signing below I acknowledge and represent that I have read the foregoing Waiver of Liability and Indemnification, understand it and sign it voluntarily as my own free act and deed, including without limitation the Release of Liability and Indemnification requirements contained in this document; I am sufficiently informed about the risks involved in using Lake Powell Paddleboards equipment to decide whether to sign this document; no oral representations, statements, or inducements, apart from the foregoing written agreement, have been made; I am at least eighteen (18) years of age and fully competent; and I execute this document for full, adequate, and complete consideration fully intending to be bound by the same. I agree that this Wavier of Liability shall be governed by and construed in accordance with Arizona law, and that if any of the provisions hereof are found to be unenforceable, the remaining provisions hereof shall remain in full force and effect, and the unenforceable provision(s) shall be deemed modified to the limited extent required to permit enforcement of the Wavier of Liability as a whole. 

LAKE POWELL PADDLEBOARDS, LLC 

STAND UP PADDLEBOARD, KAYAK AND PACKRAFT WARNING, ASSUMPTION OF RISK, RELEASE OF

LIABILITY & INDEMNITY AGREEMENT

PLEASE READ CAREFULLY BEFORE SIGNING. THIS IS A RELEASE OF LIABILITY & WAIVER OF LEGAL RIGHTS.

1. Definitions. The person who is participating in stand up paddleboarding, packrafting, and/or kayaking shall be referred to hereinafter as “Participant”. The “Undersigned” means only the Participant when the Participant is age 18 or older OR it means both the Participant and the Participant’s parent or legal guardian when the Participant is under the age of 18. “Released Parties” means Lake Powell Paddleboards, LLC, an Arizona limited liability company (“LPP), and any of [its/their] respective successors in interest, affiliated organizations and companies, owners, insurance carriers, agents, employees, representatives, assigns, officers, board members, directors, members, servants, independent contractors and shareholders. The “Activity” means taking part in stand up paddle boarding, packrafting, and/or kayaking. 

2. Risks of Activity. The Undersigned agree and understand that taking part in the Activity can be HAZARDOUS AND INVOLVES THE RISK OF PHYSICAL INJURY AND/OR DEATH. The Undersigned acknowledge that the Activity is inherently dangerous and fully realize the dangers of participating in the Activity. The risks and dangers of the activity include, but are not limited to: changing weather conditions, changing tides, undertows, changing water conditions, cold water immersion, hidden underwater obstacles, trees or other above water obstacles, changing and unpredictable currents, drowning, water borne infections or disease, air borne infections or disease, exposure, swimming, overturning, improper use of equipment, carrying boards and other equipment, entrapment of feet or other body parts under rocks or other objects or with equipment, equipment failure, dehydration, sunburn, not being familiar with the waterway and forecasted water and weather conditions, high surf, high wind, rapids, other watercraft, docks, pilings or any other obstacles, and mental distress from exposure to any one of the above. I understand there could be damage to my vehicle when using the car racks, straps and pads provided, and that damage could occur during loading or unloading kayaks, paddleboards, or other equipment from my vehicle by LPP employees, myself or anyone else.

UNDERSIGNED ACKNOWLEDGE AND UNDERSTAND THAT THE DESCRIPTION OF THE RISKS LISTED ABOVE IS NOT COMPLETE AND THAT PARTICIPATING IN THE ACTIVITY MAY BE DANGEROUS AND MAY INCLUDE OTHER RISKS. 

3. Release, Indemnification, and Assumption of Risk. In consideration of the Participant being permitted to participate in the Activity, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Undersigned agree as follows:

1. Release. THE UNDERSIGNED HEREBY IRREVOCABLY AND UNCONDITIONALLY RELEASE, FOREVER DISCHARGE, AND AGREE NOT TO SUE OR BRING ANY OTHER LEGAL ACTION AGAINST THE RELEASED PARTIES with respect to any and all claims and causes of action of any nature whether currently known or unknown, which the Undersigned, or any of them, have or which could be asserted on behalf of the Undersigned in connection with the Participant’s participation in the Activity, including, but not limited to claims of negligence, product defect, breach of warranty, and/or breach of contract. 
2. Indemnification. The Undersigned hereby agree to indemnify, defend and hold harmless the Released Parties from and against any and all liabilities, costs, expenses, losses or damages of any kind or nature whatsoever and from and against any suits, judgments, claims, actions, and causes of action or demands, including legal fees and expenses whether or not in litigation, directly or indirectly arising out of, or related to, Participant’s participation in the Activity. Such obligation on the part of the Undersigned shall survive the period of the Participant’s participation in the Activity. 
3. Assumption of Risk. The Undersigned agree and understand that there are dangers and risks associated with the participation in the Activity and that INJURIES AND/OR DEATH may result from participating in the Activity, including, but not limited to the acts, omissions, representations, carelessness, and negligence of the Released Parties. By signing this document, the Undersigned recognize that property loss, injury and death are all possible while participating in the Activity, and the Undersigned is sufficiently informed about the risks involved to decide whether to sign this document. RECOGNIZING THE RISKS AND DANGERS, THE UNDERSIGNED UNDERSTAND THE NATURE OF THE ACTIVITY AND VOLUNTARILY CHOOSE FOR PARTICIPANT TO PARTICIPATE IN AND EXPRESSLY ASSUME ALL RISKS AND DANGERS OF THE PARTICPATION IN THE ACTIVITY, WHETHER OR NOT DESCRIBED ABOVE, KNOWN OR UNKNOWN, INHERENT, OR OTHERWISE. By signing this Agreement, the Undersigned acknowledges and represents that they have read the Agreement, understand it and sign it voluntarily as their own free act and deed, including without limitation the Release of Liability, Indemnification, and Assumption of Risk requirements contained in this document 

4. Minor Acknowledgment. In the case of a minor Participant, the Undersigned parent or legal guardian acknowledges that he/she is not only signing this Agreement on his/her behalf, but that he/she is also signing on behalf of the minor, and that the minor shall be bound by all the terms of this Agreement. Additionally, by signing this Agreement as the parent or legal guardian of a minor, the parent or legal guardian understands that he/she is also waiving rights on behalf of the minor that the minor otherwise may have. The Undersigned parent or legal guardian agrees that, but for the foregoing, the minor would not be permitted to participate in the Activity. By signing this Agreement without a parent or legal guardian’s signature, Participant, under penalty of fraud, represents that he/she is at least 18 years of age. If signing as the parent or guardian of a minor Participant, signing adults, under penalty of fraud, represent that they are a legal parent or guardian of the minor Participant.

5. Medical Care. Undersigned authorize the Released Parties and/or their authorized personnel to call for medical care for Participant or to transport Participant to a medical facility or hospital if, in the opinion of such personnel, medical attention is needed. Undersigned agree to pay all costs associated with such medical care and related transportation.

6. Miscellaneous. The Undersigned further agree and understand: (a) Participant will not engage in any activities prohibited by any applicable laws, statutes, regulations and ordinances; (b) this Agreement shall be governed by the laws of the State of Arizona, and the exclusive jurisdiction for any claim shall be the venue of Coconino County or the federal court of the State of Arizona; (c) this Agreement constitutes the entire agreement between the parties hereto and supersedes any and all prior contracts, arrangements, communications, or representations, whether oral or written, between the parties relating to the subject matter hereof; (d) there shall be deemed to be no other terms, conditions, promises, understandings, statements or representations, express or implied, concerning this Agreement unless set forth in writing and signed by the parties hereto; (e) no modifications of this Agreement shall be binding unless evidenced by a writing signed by the parties hereto, and any attempt at oral modification of this Agreement shall be void and of no effect; (f) this Agreement shall be construed according to its fair meaning and as if prepared by all parties hereto; and (g) the Undersigned understand and acknowledge that this Agreement is a contract and shall be binding to the fullest extent permitted by law. If any part of this Agreement is deemed to be unenforceable, the remaining provisions hereof shall remain in full force and effect , and the unenforceable provision(s) shall be deemed modified to the limited extent required to permit enforcement of the Agreement as a whole. It is the intent of the Undersigned that this Agreement shall be binding upon and inure to the benefit of the Undersigned individually and the assigns, subrogors, subrogee, distributors, heirs, next of kin, executors, administrators, successors, and personal representatives of the Undersigned. Words of the masculine gender shall include the feminine and neuter genders; and when the sentence so indicates, words of the neuter gender shall refer to any gender.  Words of a singular shall include the plural and vice versa. The headings in this Agreement are inserted for reference only and shall not define or limit the provisions hereof. This Agreement may be executed in counterparts, each of which shall be deemed an original but all of which shall constitute one and the same instrument, and this Agreement may also be signed by facsimile or electronic signatures, which shall be fully valid and binding upon the Undersigned.

I HAVE CAREFULLY READ THE FOREGOING ASSUMPTION OF RISK, RELEASE OF LIABILITY & INDEMNITY AGREEMENT AND UNDERSTAND ITS CONTENTS. I AM AWARE THAT I AM RELEASING LEGAL RIGHTS THAT OTHERWISE MAY EXIST.

If I am not present during the delivery or return of my paddleboard, kayak, or packraft, I will be fully responsible for any loss, theft or damage to the same and any damage to any vehicle used to transport them or any other vehicle or property damaged by the rental equipment.

Lake Powell Paddleboards, LLC may take and use photographs/video of me or any minor child or ward with or without my name and may be used for any lawful purpose, including advertising, marketing and web content. 

When engaging in the rental or use of LPP rental equipment, including car racks, I agree to accept all responsibility to maintain the condition and whereabouts of all the equipment rented for the entire rental period and to pay all repair and/or replacement costs for any damage or theft that may occur to equipment, or to my own or others vehicles or property during the rental period. Should I damage any rental equipment, I agree to pay a damage fee not to exceed $300 per paddleboard, $50 per paddle, $650 per packraft and $200 per kayak, which I authorize to be charged to the credit card I paid for this rental with. Should I lose or destroy any rental equipment or allow it to get stolen, I agree to pay a replacement fee of $850 per paddleboard, $500 per kayak, $80 per paddle, $25 per life jacket, and $650 per packraft, which I authorize to be charged to the credit card I paid for this rental with. If I am not present during the delivery or return of my paddleboard, kayak, or packraft, I will be fully responsible for any loss, theft or damage to the same and any damage to any vehicle used to transport them or damaged by the rental equipment. 

I understand and agree that I, and any minor 13 years old or above must wear a Life Jacket (Personal Flotation Device) at all times while on the lake or river. I understand that minors 12 years old or under must be wearing a life jacket at all times while on the lake or river. I understand that leashes should always be worn at all times while paddleboarding. (required)

COVID-19 Risk.

COVID-19 WAIVER OF LIABILITY AND INDEMNIFICATION 

I agree that I am personally responsible for my safety and actions while using, allowing or participating in Lake Powell Paddleboards LLC rental equipment, tours, loading and unloading equipment on and in my vehicle. I agree to comply with all LPP policies and rules, including but not limited to all LPP policies, guidelines, signage, and instructions. Because Lake Powell Paddleboards LLC is open for use by other individuals, I recognize that I am at higher risk of contracting COVID-19.

With full awareness and appreciation of the risks involved, I, for myself and on behalf of a minor Participant, family, spouse, estate, heirs, executors, administrators, assigns, and personal representatives, hereby forever release, waive, discharge, and covenant not to sue Lake Powell Paddleboards, LLC, it’s board members, directors, shareholders, members, officers, owners, servants, independent contractors, representatives, affiliates, employees, insurance carriers, agents, successors, and assigns (collectively the “Released Parties”) from and against any and all liabilities, costs, expenses, damages, claims, lawsuits, judgments, losses, demands, actions, and causes of action whatsoever, directly or indirectly arising out of or related to any loss, damage, or injury, including death, that may be sustained by me or a minor Participant related to COVID-19, whether caused by the negligence of the Released Parties, any third-party using Lake PowellPaddleboards equipment or tours, or otherwise, while participating in any activity while in, on, or around Lake Powell Paddleboards store, Glen Canyon National Recreation Area and/or while using any Lake Powell Paddleboards LLC facilities, tools, equipment, or materials. 

I agree to indemnify, defend, and hold harmless the Released Parties from and against any and all costs, expenses, damages, claims, lawsuits, judgments, losses, demands, actions, causes of action and/or liabilities whatsoever (including attorney’s fees) arising either directly or indirectly from or related to any and all claims made by or against any of the Released Parties due to bodily injury, death, loss of use, monetary loss, or any other injury from or related to my use of Lake Powell Paddleboards facilities, tools, equipment, or materials, whether caused by the negligence of the Released Parties or otherwise specifically related to COVID-19.

By signing below I acknowledge and represent that I have read the foregoing Waiver of Liability and Indemnification, understand it and sign it voluntarily as my own free act and deed, including without limitation the Release of Liability and Indemnification requirements contained in this document; I am sufficiently informed about the risks involved in using Lake Powell Paddleboards equipment to decide whether to sign this document; no oral representations, statements, or inducements, apart from the foregoing written agreement, have been made; I am at least eighteen (18) years of age and fully competent; and I execute this document for full, adequate, and complete consideration fully intending to be bound by the same. I agree that this Wavier of Liability shall be governed by and construed in accordance with Arizona law, and that if any of the provisions hereof are found to be unenforceable, the remaining provisions hereof shall remain in full force and effect, and the unenforceable provision(s) shall be deemed modified to the limited extent required to permit enforcement of the Wavier of Liability as a whole. 

LAKE POWELL PADDLEBOARDS, LLC 

STAND UP PADDLEBOARD, KAYAK AND PACKRAFT WARNING, ASSUMPTION OF RISK, RELEASE OF

LIABILITY & INDEMNITY AGREEMENT

PLEASE READ CAREFULLY BEFORE SIGNING. THIS IS A RELEASE OF LIABILITY & WAIVER OF LEGAL RIGHTS.

1. Definitions. The person who is participating in stand up paddleboarding, packrafting, and/or kayaking shall be referred to hereinafter as “Participant”. The “Undersigned” means only the Participant when the Participant is age 18 or older OR it means both the Participant and the Participant’s parent or legal guardian when the Participant is under the age of 18. “Released Parties” means Lake Powell Paddleboards, LLC, an Arizona limited liability company (“LPP), and any of [its/their] respective successors in interest, affiliated organizations and companies, owners, insurance carriers, agents, employees, representatives, assigns, officers, board members, directors, members, servants, independent contractors and shareholders. The “Activity” means taking part in stand up paddle boarding, packrafting, and/or kayaking. 

2. Risks of Activity. The Undersigned agree and understand that taking part in the Activity can be HAZARDOUS AND INVOLVES THE RISK OF PHYSICAL INJURY AND/OR DEATH. The Undersigned acknowledge that the Activity is inherently dangerous and fully realize the dangers of participating in the Activity. The risks and dangers of the activity include, but are not limited to: changing weather conditions, changing tides, undertows, changing water conditions, cold water immersion, hidden underwater obstacles, trees or other above water obstacles, changing and unpredictable currents, drowning, water borne infections or disease, air borne infections or disease, exposure, swimming, overturning, improper use of equipment, carrying boards and other equipment, entrapment of feet or other body parts under rocks or other objects or with equipment, equipment failure, dehydration, sunburn, not being familiar with the waterway and forecasted water and weather conditions, high surf, high wind, rapids, other watercraft, docks, pilings or any other obstacles, and mental distress from exposure to any one of the above. I understand there could be damage to my vehicle when using the car racks, straps and pads provided, and that damage could occur during loading or unloading kayaks, paddleboards, or other equipment from my vehicle by LPP employees, myself or anyone else.

UNDERSIGNED ACKNOWLEDGE AND UNDERSTAND THAT THE DESCRIPTION OF THE RISKS LISTED ABOVE IS NOT COMPLETE AND THAT PARTICIPATING IN THE ACTIVITY MAY BE DANGEROUS AND MAY INCLUDE OTHER RISKS. 

3. Release, Indemnification, and Assumption of Risk. In consideration of the Participant being permitted to participate in the Activity, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Undersigned agree as follows:

1. Release. THE UNDERSIGNED HEREBY IRREVOCABLY AND UNCONDITIONALLY RELEASE, FOREVER DISCHARGE, AND AGREE NOT TO SUE OR BRING ANY OTHER LEGAL ACTION AGAINST THE RELEASED PARTIES with respect to any and all claims and causes of action of any nature whether currently known or unknown, which the Undersigned, or any of them, have or which could be asserted on behalf of the Undersigned in connection with the Participant’s participation in the Activity, including, but not limited to claims of negligence, product defect, breach of warranty, and/or breach of contract. 
2. Indemnification. The Undersigned hereby agree to indemnify, defend and hold harmless the Released Parties from and against any and all liabilities, costs, expenses, losses or damages of any kind or nature whatsoever and from and against any suits, judgments, claims, actions, and causes of action or demands, including legal fees and expenses whether or not in litigation, directly or indirectly arising out of, or related to, Participant’s participation in the Activity. Such obligation on the part of the Undersigned shall survive the period of the Participant’s participation in the Activity. 
3. Assumption of Risk. The Undersigned agree and understand that there are dangers and risks associated with the participation in the Activity and that INJURIES AND/OR DEATH may result from participating in the Activity, including, but not limited to the acts, omissions, representations, carelessness, and negligence of the Released Parties. By signing this document, the Undersigned recognize that property loss, injury and death are all possible while participating in the Activity, and the Undersigned is sufficiently informed about the risks involved to decide whether to sign this document. RECOGNIZING THE RISKS AND DANGERS, THE UNDERSIGNED UNDERSTAND THE NATURE OF THE ACTIVITY AND VOLUNTARILY CHOOSE FOR PARTICIPANT TO PARTICIPATE IN AND EXPRESSLY ASSUME ALL RISKS AND DANGERS OF THE PARTICPATION IN THE ACTIVITY, WHETHER OR NOT DESCRIBED ABOVE, KNOWN OR UNKNOWN, INHERENT, OR OTHERWISE. By signing this Agreement, the Undersigned acknowledges and represents that they have read the Agreement, understand it and sign it voluntarily as their own free act and deed, including without limitation the Release of Liability, Indemnification, and Assumption of Risk requirements contained in this document 

4. Minor Acknowledgment. In the case of a minor Participant, the Undersigned parent or legal guardian acknowledges that he/she is not only signing this Agreement on his/her behalf, but that he/she is also signing on behalf of the minor, and that the minor shall be bound by all the terms of this Agreement. Additionally, by signing this Agreement as the parent or legal guardian of a minor, the parent or legal guardian understands that he/she is also waiving rights on behalf of the minor that the minor otherwise may have. The Undersigned parent or legal guardian agrees that, but for the foregoing, the minor would not be permitted to participate in the Activity. By signing this Agreement without a parent or legal guardian’s signature, Participant, under penalty of fraud, represents that he/she is at least 18 years of age. If signing as the parent or guardian of a minor Participant, signing adults, under penalty of fraud, represent that they are a legal parent or guardian of the minor Participant.

5. Medical Care. Undersigned authorize the Released Parties and/or their authorized personnel to call for medical care for Participant or to transport Participant to a medical facility or hospital if, in the opinion of such personnel, medical attention is needed. Undersigned agree to pay all costs associated with such medical care and related transportation.

6. Miscellaneous. The Undersigned further agree and understand: (a) Participant will not engage in any activities prohibited by any applicable laws, statutes, regulations and ordinances; (b) this Agreement shall be governed by the laws of the State of Arizona, and the exclusive jurisdiction for any claim shall be the venue of Coconino County or the federal court of the State of Arizona; (c) this Agreement constitutes the entire agreement between the parties hereto and supersedes any and all prior contracts, arrangements, communications, or representations, whether oral or written, between the parties relating to the subject matter hereof; (d) there shall be deemed to be no other terms, conditions, promises, understandings, statements or representations, express or implied, concerning this Agreement unless set forth in writing and signed by the parties hereto; (e) no modifications of this Agreement shall be binding unless evidenced by a writing signed by the parties hereto, and any attempt at oral modification of this Agreement shall be void and of no effect; (f) this Agreement shall be construed according to its fair meaning and as if prepared by all parties hereto; and (g) the Undersigned understand and acknowledge that this Agreement is a contract and shall be binding to the fullest extent permitted by law. If any part of this Agreement is deemed to be unenforceable, the remaining provisions hereof shall remain in full force and effect , and the unenforceable provision(s) shall be deemed modified to the limited extent required to permit enforcement of the Agreement as a whole. It is the intent of the Undersigned that this Agreement shall be binding upon and inure to the benefit of the Undersigned individually and the assigns, subrogors, subrogee, distributors, heirs, next of kin, executors, administrators, successors, and personal representatives of the Undersigned. Words of the masculine gender shall include the feminine and neuter genders; and when the sentence so indicates, words of the neuter gender shall refer to any gender.  Words of a singular shall include the plural and vice versa. The headings in this Agreement are inserted for reference only and shall not define or limit the provisions hereof. This Agreement may be executed in counterparts, each of which shall be deemed an original but all of which shall constitute one and the same instrument, and this Agreement may also be signed by facsimile or electronic signatures, which shall be fully valid and binding upon the Undersigned.

I HAVE CAREFULLY READ THE FOREGOING ASSUMPTION OF RISK, RELEASE OF LIABILITY & INDEMNITY AGREEMENT AND UNDERSTAND ITS CONTENTS. I AM AWARE THAT I AM RELEASING LEGAL RIGHTS THAT OTHERWISE MAY EXIST.

If I am not present during the delivery or return of my paddleboard, kayak, or packraft, I will be fully responsible for any loss, theft or damage to the same and any damage to any vehicle used to transport them or any other vehicle or property damaged by the rental equipment.

Lake Powell Paddleboards, LLC may take and use photographs/video of me or any minor child or ward with or without my name and may be used for any lawful purpose, including advertising, marketing and web content. 

When engaging in the rental or use of LPP rental equipment, including car racks, I agree to accept all responsibility to maintain the condition and whereabouts of all the equipment rented for the entire rental period and to pay all repair and/or replacement costs for any damage or theft that may occur to equipment, or to my own or others vehicles or property during the rental period. Should I damage any rental equipment, I agree to pay a damage fee not to exceed $300 per paddleboard, $50 per paddle, $650 per packraft and $200 per kayak, which I authorize to be charged to the credit card I paid for this rental with. Should I lose or destroy any rental equipment or allow it to get stolen, I agree to pay a replacement fee of $850 per paddleboard, $500 per kayak, $80 per paddle, $25 per life jacket, and $650 per packraft, which I authorize to be charged to the credit card I paid for this rental with. If I am not present during the delivery or return of my paddleboard, kayak, or packraft, I will be fully responsible for any loss, theft or damage to the same and any damage to any vehicle used to transport them or damaged by the rental equipment. 

I understand and agree that I, and any minor 13 years old or above must wear a Life Jacket (Personal Flotation Device) at all times while on the lake or river. I understand that minors 12 years old or under must be wearing a life jacket at all times while on the lake or river. I understand that leashes should always be worn at all times while paddleboarding. (required)

COVID-19 Risk.

COVID-19 WAIVER OF LIABILITY AND INDEMNIFICATION 

I agree that I am personally responsible for my safety and actions while using, allowing or participating in Lake Powell Paddleboards LLC rental equipment, tours, loading and unloading equipment on and in my vehicle. I agree to comply with all LPP policies and rules, including but not limited to all LPP policies, guidelines, signage, and instructions. Because Lake Powell Paddleboards LLC is open for use by other individuals, I recognize that I am at higher risk of contracting COVID-19.

With full awareness and appreciation of the risks involved, I, for myself and on behalf of a minor Participant, family, spouse, estate, heirs, executors, administrators, assigns, and personal representatives, hereby forever release, waive, discharge, and covenant not to sue Lake Powell Paddleboards, LLC, it’s board members, directors, shareholders, members, officers, owners, servants, independent contractors, representatives, affiliates, employees, insurance carriers, agents, successors, and assigns (collectively the “Released Parties”) from and against any and all liabilities, costs, expenses, damages, claims, lawsuits, judgments, losses, demands, actions, and causes of action whatsoever, directly or indirectly arising out of or related to any loss, damage, or injury, including death, that may be sustained by me or a minor Participant related to COVID-19, whether caused by the negligence of the Released Parties, any third-party using Lake PowellPaddleboards equipment or tours, or otherwise, while participating in any activity while in, on, or around Lake Powell Paddleboards store, Glen Canyon National Recreation Area and/or while using any Lake Powell Paddleboards LLC facilities, tools, equipment, or materials. 

I agree to indemnify, defend, and hold harmless the Released Parties from and against any and all costs, expenses, damages, claims, lawsuits, judgments, losses, demands, actions, causes of action and/or liabilities whatsoever (including attorney’s fees) arising either directly or indirectly from or related to any and all claims made by or against any of the Released Parties due to bodily injury, death, loss of use, monetary loss, or any other injury from or related to my use of Lake Powell Paddleboards facilities, tools, equipment, or materials, whether caused by the negligence of the Released Parties or otherwise specifically related to COVID-19.

By signing below I acknowledge and represent that I have read the foregoing Waiver of Liability and Indemnification, understand it and sign it voluntarily as my own free act and deed, including without limitation the Release of Liability and Indemnification requirements contained in this document; I am sufficiently informed about the risks involved in using Lake Powell Paddleboards equipment to decide whether to sign this document; no oral representations, statements, or inducements, apart from the foregoing written agreement, have been made; I am at least eighteen (18) years of age and fully competent; and I execute this document for full, adequate, and complete consideration fully intending to be bound by the same. I agree that this Wavier of Liability shall be governed by and construed in accordance with Arizona law, and that if any of the provisions hereof are found to be unenforceable, the remaining provisions hereof shall remain in full force and effect, and the unenforceable provision(s) shall be deemed modified to the limited extent required to permit enforcement of the Wavier of Liability as a whole. 

LAKE POWELL PADDLEBOARDS, LLC 

STAND UP PADDLEBOARD, KAYAK AND PACKRAFT WARNING, ASSUMPTION OF RISK, RELEASE OF

LIABILITY & INDEMNITY AGREEMENT

PLEASE READ CAREFULLY BEFORE SIGNING. THIS IS A RELEASE OF LIABILITY & WAIVER OF LEGAL RIGHTS.

1. Definitions. The person who is participating in stand up paddleboarding, packrafting, and/or kayaking shall be referred to hereinafter as “Participant”. The “Undersigned” means only the Participant when the Participant is age 18 or older OR it means both the Participant and the Participant’s parent or legal guardian when the Participant is under the age of 18. “Released Parties” means Lake Powell Paddleboards, LLC, an Arizona limited liability company (“LPP), and any of [its/their] respective successors in interest, affiliated organizations and companies, owners, insurance carriers, agents, employees, representatives, assigns, officers, board members, directors, members, servants, independent contractors and shareholders. The “Activity” means taking part in stand up paddle boarding, packrafting, and/or kayaking. 

2. Risks of Activity. The Undersigned agree and understand that taking part in the Activity can be HAZARDOUS AND INVOLVES THE RISK OF PHYSICAL INJURY AND/OR DEATH. The Undersigned acknowledge that the Activity is inherently dangerous and fully realize the dangers of participating in the Activity. The risks and dangers of the activity include, but are not limited to: changing weather conditions, changing tides, undertows, changing water conditions, cold water immersion, hidden underwater obstacles, trees or other above water obstacles, changing and unpredictable currents, drowning, water borne infections or disease, air borne infections or disease, exposure, swimming, overturning, improper use of equipment, carrying boards and other equipment, entrapment of feet or other body parts under rocks or other objects or with equipment, equipment failure, dehydration, sunburn, not being familiar with the waterway and forecasted water and weather conditions, high surf, high wind, rapids, other watercraft, docks, pilings or any other obstacles, and mental distress from exposure to any one of the above. I understand there could be damage to my vehicle when using the car racks, straps and pads provided, and that damage could occur during loading or unloading kayaks, paddleboards, or other equipment from my vehicle by LPP employees, myself or anyone else.

UNDERSIGNED ACKNOWLEDGE AND UNDERSTAND THAT THE DESCRIPTION OF THE RISKS LISTED ABOVE IS NOT COMPLETE AND THAT PARTICIPATING IN THE ACTIVITY MAY BE DANGEROUS AND MAY INCLUDE OTHER RISKS. 

3. Release, Indemnification, and Assumption of Risk. In consideration of the Participant being permitted to participate in the Activity, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Undersigned agree as follows:

1. Release. THE UNDERSIGNED HEREBY IRREVOCABLY AND UNCONDITIONALLY RELEASE, FOREVER DISCHARGE, AND AGREE NOT TO SUE OR BRING ANY OTHER LEGAL ACTION AGAINST THE RELEASED PARTIES with respect to any and all claims and causes of action of any nature whether currently known or unknown, which the Undersigned, or any of them, have or which could be asserted on behalf of the Undersigned in connection with the Participant’s participation in the Activity, including, but not limited to claims of negligence, product defect, breach of warranty, and/or breach of contract. 
2. Indemnification. The Undersigned hereby agree to indemnify, defend and hold harmless the Released Parties from and against any and all liabilities, costs, expenses, losses or damages of any kind or nature whatsoever and from and against any suits, judgments, claims, actions, and causes of action or demands, including legal fees and expenses whether or not in litigation, directly or indirectly arising out of, or related to, Participant’s participation in the Activity. Such obligation on the part of the Undersigned shall survive the period of the Participant’s participation in the Activity. 
3. Assumption of Risk. The Undersigned agree and understand that there are dangers and risks associated with the participation in the Activity and that INJURIES AND/OR DEATH may result from participating in the Activity, including, but not limited to the acts, omissions, representations, carelessness, and negligence of the Released Parties. By signing this document, the Undersigned recognize that property loss, injury and death are all possible while participating in the Activity, and the Undersigned is sufficiently informed about the risks involved to decide whether to sign this document. RECOGNIZING THE RISKS AND DANGERS, THE UNDERSIGNED UNDERSTAND THE NATURE OF THE ACTIVITY AND VOLUNTARILY CHOOSE FOR PARTICIPANT TO PARTICIPATE IN AND EXPRESSLY ASSUME ALL RISKS AND DANGERS OF THE PARTICPATION IN THE ACTIVITY, WHETHER OR NOT DESCRIBED ABOVE, KNOWN OR UNKNOWN, INHERENT, OR OTHERWISE. By signing this Agreement, the Undersigned acknowledges and represents that they have read the Agreement, understand it and sign it voluntarily as their own free act and deed, including without limitation the Release of Liability, Indemnification, and Assumption of Risk requirements contained in this document 

4. Minor Acknowledgment. In the case of a minor Participant, the Undersigned parent or legal guardian acknowledges that he/she is not only signing this Agreement on his/her behalf, but that he/she is also signing on behalf of the minor, and that the minor shall be bound by all the terms of this Agreement. Additionally, by signing this Agreement as the parent or legal guardian of a minor, the parent or legal guardian understands that he/she is also waiving rights on behalf of the minor that the minor otherwise may have. The Undersigned parent or legal guardian agrees that, but for the foregoing, the minor would not be permitted to participate in the Activity. By signing this Agreement without a parent or legal guardian’s signature, Participant, under penalty of fraud, represents that he/she is at least 18 years of age. If signing as the parent or guardian of a minor Participant, signing adults, under penalty of fraud, represent that they are a legal parent or guardian of the minor Participant.

5. Medical Care. Undersigned authorize the Released Parties and/or their authorized personnel to call for medical care for Participant or to transport Participant to a medical facility or hospital if, in the opinion of such personnel, medical attention is needed. Undersigned agree to pay all costs associated with such medical care and related transportation.

6. Miscellaneous. The Undersigned further agree and understand: (a) Participant will not engage in any activities prohibited by any applicable laws, statutes, regulations and ordinances; (b) this Agreement shall be governed by the laws of the State of Arizona, and the exclusive jurisdiction for any claim shall be the venue of Coconino County or the federal court of the State of Arizona; (c) this Agreement constitutes the entire agreement between the parties hereto and supersedes any and all prior contracts, arrangements, communications, or representations, whether oral or written, between the parties relating to the subject matter hereof; (d) there shall be deemed to be no other terms, conditions, promises, understandings, statements or representations, express or implied, concerning this Agreement unless set forth in writing and signed by the parties hereto; (e) no modifications of this Agreement shall be binding unless evidenced by a writing signed by the parties hereto, and any attempt at oral modification of this Agreement shall be void and of no effect; (f) this Agreement shall be construed according to its fair meaning and as if prepared by all parties hereto; and (g) the Undersigned understand and acknowledge that this Agreement is a contract and shall be binding to the fullest extent permitted by law. If any part of this Agreement is deemed to be unenforceable, the remaining provisions hereof shall remain in full force and effect , and the unenforceable provision(s) shall be deemed modified to the limited extent required to permit enforcement of the Agreement as a whole. It is the intent of the Undersigned that this Agreement shall be binding upon and inure to the benefit of the Undersigned individually and the assigns, subrogors, subrogee, distributors, heirs, next of kin, executors, administrators, successors, and personal representatives of the Undersigned. Words of the masculine gender shall include the feminine and neuter genders; and when the sentence so indicates, words of the neuter gender shall refer to any gender.  Words of a singular shall include the plural and vice versa. The headings in this Agreement are inserted for reference only and shall not define or limit the provisions hereof. This Agreement may be executed in counterparts, each of which shall be deemed an original but all of which shall constitute one and the same instrument, and this Agreement may also be signed by facsimile or electronic signatures, which shall be fully valid and binding upon the Undersigned.

I HAVE CAREFULLY READ THE FOREGOING ASSUMPTION OF RISK, RELEASE OF LIABILITY & INDEMNITY AGREEMENT AND UNDERSTAND ITS CONTENTS. I AM AWARE THAT I AM RELEASING LEGAL RIGHTS THAT OTHERWISE MAY EXIST.

If I am not present during the delivery or return of my paddleboard, kayak, or packraft, I will be fully responsible for any loss, theft or damage to the same and any damage to any vehicle used to transport them or any other vehicle or property damaged by the rental equipment.

Lake Powell Paddleboards, LLC may take and use photographs/video of me or any minor child or ward with or without my name and may be used for any lawful purpose, including advertising, marketing and web content. 

When engaging in the rental or use of LPP rental equipment, including car racks, I agree to accept all responsibility to maintain the condition and whereabouts of all the equipment rented for the entire rental period and to pay all repair and/or replacement costs for any damage or theft that may occur to equipment, or to my own or others vehicles or property during the rental period. Should I damage any rental equipment, I agree to pay a damage fee not to exceed $300 per paddleboard, $50 per paddle, $650 per packraft and $200 per kayak, which I authorize to be charged to the credit card I paid for this rental with. Should I lose or destroy any rental equipment or allow it to get stolen, I agree to pay a replacement fee of $850 per paddleboard, $500 per kayak, $80 per paddle, $25 per life jacket, and $650 per packraft, which I authorize to be charged to the credit card I paid for this rental with. If I am not present during the delivery or return of my paddleboard, kayak, or packraft, I will be fully responsible for any loss, theft or damage to the same and any damage to any vehicle used to transport them or damaged by the rental equipment. 

I understand and agree that I, and any minor 13 years old or above must wear a Life Jacket (Personal Flotation Device) at all times while on the lake or river. I understand that minors 12 years old or under must be wearing a life jacket at all times while on the lake or river. I understand that leashes should always be worn at all times while paddleboarding. (required)

COVID-19 Risk.

COVID-19 WAIVER OF LIABILITY AND INDEMNIFICATION 

I agree that I am personally responsible for my safety and actions while using, allowing or participating in Lake Powell Paddleboards LLC rental equipment, tours, loading and unloading equipment on and in my vehicle. I agree to comply with all LPP policies and rules, including but not limited to all LPP policies, guidelines, signage, and instructions. Because Lake Powell Paddleboards LLC is open for use by other individuals, I recognize that I am at higher risk of contracting COVID-19.

With full awareness and appreciation of the risks involved, I, for myself and on behalf of a minor Participant, family, spouse, estate, heirs, executors, administrators, assigns, and personal representatives, hereby forever release, waive, discharge, and covenant not to sue Lake Powell Paddleboards, LLC, it’s board members, directors, shareholders, members, officers, owners, servants, independent contractors, representatives, affiliates, employees, insurance carriers, agents, successors, and assigns (collectively the “Released Parties”) from and against any and all liabilities, costs, expenses, damages, claims, lawsuits, judgments, losses, demands, actions, and causes of action whatsoever, directly or indirectly arising out of or related to any loss, damage, or injury, including death, that may be sustained by me or a minor Participant related to COVID-19, whether caused by the negligence of the Released Parties, any third-party using Lake PowellPaddleboards equipment or tours, or otherwise, while participating in any activity while in, on, or around Lake Powell Paddleboards store, Glen Canyon National Recreation Area and/or while using any Lake Powell Paddleboards LLC facilities, tools, equipment, or materials. 

I agree to indemnify, defend, and hold harmless the Released Parties from and against any and all costs, expenses, damages, claims, lawsuits, judgments, losses, demands, actions, causes of action and/or liabilities whatsoever (including attorney’s fees) arising either directly or indirectly from or related to any and all claims made by or against any of the Released Parties due to bodily injury, death, loss of use, monetary loss, or any other injury from or related to my use of Lake Powell Paddleboards facilities, tools, equipment, or materials, whether caused by the negligence of the Released Parties or otherwise specifically related to COVID-19.

By signing below I acknowledge and represent that I have read the foregoing Waiver of Liability and Indemnification, understand it and sign it voluntarily as my own free act and deed, including without limitation the Release of Liability and Indemnification requirements contained in this document; I am sufficiently informed about the risks involved in using Lake Powell Paddleboards equipment to decide whether to sign this document; no oral representations, statements, or inducements, apart from the foregoing written agreement, have been made; I am at least eighteen (18) years of age and fully competent; and I execute this document for full, adequate, and complete consideration fully intending to be bound by the same. I agree that this Wavier of Liability shall be governed by and construed in accordance with Arizona law, and that if any of the provisions hereof are found to be unenforceable, the remaining provisions hereof shall remain in full force and effect, and the unenforceable provision(s) shall be deemed modified to the limited extent required to permit enforcement of the Wavier of Liability as a whole. 

LAKE POWELL PADDLEBOARDS, LLC 

STAND UP PADDLEBOARD, KAYAK AND PACKRAFT WARNING, ASSUMPTION OF RISK, RELEASE OF

LIABILITY & INDEMNITY AGREEMENT

PLEASE READ CAREFULLY BEFORE SIGNING. THIS IS A RELEASE OF LIABILITY & WAIVER OF LEGAL RIGHTS.

1. Definitions. The person who is participating in stand up paddleboarding, packrafting, and/or kayaking shall be referred to hereinafter as “Participant”. The “Undersigned” means only the Participant when the Participant is age 18 or older OR it means both the Participant and the Participant’s parent or legal guardian when the Participant is under the age of 18. “Released Parties” means Lake Powell Paddleboards, LLC, an Arizona limited liability company (“LPP), and any of [its/their] respective successors in interest, affiliated organizations and companies, owners, insurance carriers, agents, employees, representatives, assigns, officers, board members, directors, members, servants, independent contractors and shareholders. The “Activity” means taking part in stand up paddle boarding, packrafting, and/or kayaking. 

2. Risks of Activity. The Undersigned agree and understand that taking part in the Activity can be HAZARDOUS AND INVOLVES THE RISK OF PHYSICAL INJURY AND/OR DEATH. The Undersigned acknowledge that the Activity is inherently dangerous and fully realize the dangers of participating in the Activity. The risks and dangers of the activity include, but are not limited to: changing weather conditions, changing tides, undertows, changing water conditions, cold water immersion, hidden underwater obstacles, trees or other above water obstacles, changing and unpredictable currents, drowning, water borne infections or disease, air borne infections or disease, exposure, swimming, overturning, improper use of equipment, carrying boards and other equipment, entrapment of feet or other body parts under rocks or other objects or with equipment, equipment failure, dehydration, sunburn, not being familiar with the waterway and forecasted water and weather conditions, high surf, high wind, rapids, other watercraft, docks, pilings or any other obstacles, and mental distress from exposure to any one of the above. I understand there could be damage to my vehicle when using the car racks, straps and pads provided, and that damage could occur during loading or unloading kayaks, paddleboards, or other equipment from my vehicle by LPP employees, myself or anyone else.

UNDERSIGNED ACKNOWLEDGE AND UNDERSTAND THAT THE DESCRIPTION OF THE RISKS LISTED ABOVE IS NOT COMPLETE AND THAT PARTICIPATING IN THE ACTIVITY MAY BE DANGEROUS AND MAY INCLUDE OTHER RISKS. 

3. Release, Indemnification, and Assumption of Risk. In consideration of the Participant being permitted to participate in the Activity, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Undersigned agree as follows:

1. Release. THE UNDERSIGNED HEREBY IRREVOCABLY AND UNCONDITIONALLY RELEASE, FOREVER DISCHARGE, AND AGREE NOT TO SUE OR BRING ANY OTHER LEGAL ACTION AGAINST THE RELEASED PARTIES with respect to any and all claims and causes of action of any nature whether currently known or unknown, which the Undersigned, or any of them, have or which could be asserted on behalf of the Undersigned in connection with the Participant’s participation in the Activity, including, but not limited to claims of negligence, product defect, breach of warranty, and/or breach of contract. 
2. Indemnification. The Undersigned hereby agree to indemnify, defend and hold harmless the Released Parties from and against any and all liabilities, costs, expenses, losses or damages of any kind or nature whatsoever and from and against any suits, judgments, claims, actions, and causes of action or demands, including legal fees and expenses whether or not in litigation, directly or indirectly arising out of, or related to, Participant’s participation in the Activity. Such obligation on the part of the Undersigned shall survive the period of the Participant’s participation in the Activity. 
3. Assumption of Risk. The Undersigned agree and understand that there are dangers and risks associated with the participation in the Activity and that INJURIES AND/OR DEATH may result from participating in the Activity, including, but not limited to the acts, omissions, representations, carelessness, and negligence of the Released Parties. By signing this document, the Undersigned recognize that property loss, injury and death are all possible while participating in the Activity, and the Undersigned is sufficiently informed about the risks involved to decide whether to sign this document. RECOGNIZING THE RISKS AND DANGERS, THE UNDERSIGNED UNDERSTAND THE NATURE OF THE ACTIVITY AND VOLUNTARILY CHOOSE FOR PARTICIPANT TO PARTICIPATE IN AND EXPRESSLY ASSUME ALL RISKS AND DANGERS OF THE PARTICPATION IN THE ACTIVITY, WHETHER OR NOT DESCRIBED ABOVE, KNOWN OR UNKNOWN, INHERENT, OR OTHERWISE. By signing this Agreement, the Undersigned acknowledges and represents that they have read the Agreement, understand it and sign it voluntarily as their own free act and deed, including without limitation the Release of Liability, Indemnification, and Assumption of Risk requirements contained in this document 

4. Minor Acknowledgment. In the case of a minor Participant, the Undersigned parent or legal guardian acknowledges that he/she is not only signing this Agreement on his/her behalf, but that he/she is also signing on behalf of the minor, and that the minor shall be bound by all the terms of this Agreement. Additionally, by signing this Agreement as the parent or legal guardian of a minor, the parent or legal guardian understands that he/she is also waiving rights on behalf of the minor that the minor otherwise may have. The Undersigned parent or legal guardian agrees that, but for the foregoing, the minor would not be permitted to participate in the Activity. By signing this Agreement without a parent or legal guardian’s signature, Participant, under penalty of fraud, represents that he/she is at least 18 years of age. If signing as the parent or guardian of a minor Participant, signing adults, under penalty of fraud, represent that they are a legal parent or guardian of the minor Participant.

5. Medical Care. Undersigned authorize the Released Parties and/or their authorized personnel to call for medical care for Participant or to transport Participant to a medical facility or hospital if, in the opinion of such personnel, medical attention is needed. Undersigned agree to pay all costs associated with such medical care and related transportation.

6. Miscellaneous. The Undersigned further agree and understand: (a) Participant will not engage in any activities prohibited by any applicable laws, statutes, regulations and ordinances; (b) this Agreement shall be governed by the laws of the State of Arizona, and the exclusive jurisdiction for any claim shall be the venue of Coconino County or the federal court of the State of Arizona; (c) this Agreement constitutes the entire agreement between the parties hereto and supersedes any and all prior contracts, arrangements, communications, or representations, whether oral or written, between the parties relating to the subject matter hereof; (d) there shall be deemed to be no other terms, conditions, promises, understandings, statements or representations, express or implied, concerning this Agreement unless set forth in writing and signed by the parties hereto; (e) no modifications of this Agreement shall be binding unless evidenced by a writing signed by the parties hereto, and any attempt at oral modification of this Agreement shall be void and of no effect; (f) this Agreement shall be construed according to its fair meaning and as if prepared by all parties hereto; and (g) the Undersigned understand and acknowledge that this Agreement is a contract and shall be binding to the fullest extent permitted by law. If any part of this Agreement is deemed to be unenforceable, the remaining provisions hereof shall remain in full force and effect , and the unenforceable provision(s) shall be deemed modified to the limited extent required to permit enforcement of the Agreement as a whole. It is the intent of the Undersigned that this Agreement shall be binding upon and inure to the benefit of the Undersigned individually and the assigns, subrogors, subrogee, distributors, heirs, next of kin, executors, administrators, successors, and personal representatives of the Undersigned. Words of the masculine gender shall include the feminine and neuter genders; and when the sentence so indicates, words of the neuter gender shall refer to any gender.  Words of a singular shall include the plural and vice versa. The headings in this Agreement are inserted for reference only and shall not define or limit the provisions hereof. This Agreement may be executed in counterparts, each of which shall be deemed an original but all of which shall constitute one and the same instrument, and this Agreement may also be signed by facsimile or electronic signatures, which shall be fully valid and binding upon the Undersigned.

I HAVE CAREFULLY READ THE FOREGOING ASSUMPTION OF RISK, RELEASE OF LIABILITY & INDEMNITY AGREEMENT AND UNDERSTAND ITS CONTENTS. I AM AWARE THAT I AM RELEASING LEGAL RIGHTS THAT OTHERWISE MAY EXIST.

If I am not present during the delivery or return of my paddleboard, kayak, or packraft, I will be fully responsible for any loss, theft or damage to the same and any damage to any vehicle used to transport them or any other vehicle or property damaged by the rental equipment.

Lake Powell Paddleboards, LLC may take and use photographs/video of me or any minor child or ward with or without my name and may be used for any lawful purpose, including advertising, marketing and web content. 

When engaging in the rental or use of LPP rental equipment, including car racks, I agree to accept all responsibility to maintain the condition and whereabouts of all the equipment rented for the entire rental period and to pay all repair and/or replacement costs for any damage or theft that may occur to equipment, or to my own or others vehicles or property during the rental period. Should I damage any rental equipment, I agree to pay a damage fee not to exceed $300 per paddleboard, $50 per paddle, $650 per packraft and $200 per kayak, which I authorize to be charged to the credit card I paid for this rental with. Should I lose or destroy any rental equipment or allow it to get stolen, I agree to pay a replacement fee of $850 per paddleboard, $500 per kayak, $80 per paddle, $25 per life jacket, and $650 per packraft, which I authorize to be charged to the credit card I paid for this rental with. If I am not present during the delivery or return of my paddleboard, kayak, or packraft, I will be fully responsible for any loss, theft or damage to the same and any damage to any vehicle used to transport them or damaged by the rental equipment. 

I understand and agree that I, and any minor 13 years old or above must wear a Life Jacket (Personal Flotation Device) at all times while on the lake or river. I understand that minors 12 years old or under must be wearing a life jacket at all times while on the lake or river. I understand that leashes should always be worn at all times while paddleboarding. (required)

COVID-19 Risk.

COVID-19 WAIVER OF LIABILITY AND INDEMNIFICATION 

I agree that I am personally responsible for my safety and actions while using, allowing or participating in Lake Powell Paddleboards LLC rental equipment, tours, loading and unloading equipment on and in my vehicle. I agree to comply with all LPP policies and rules, including but not limited to all LPP policies, guidelines, signage, and instructions. Because Lake Powell Paddleboards LLC is open for use by other individuals, I recognize that I am at higher risk of contracting COVID-19.

With full awareness and appreciation of the risks involved, I, for myself and on behalf of a minor Participant, family, spouse, estate, heirs, executors, administrators, assigns, and personal representatives, hereby forever release, waive, discharge, and covenant not to sue Lake Powell Paddleboards, LLC, it’s board members, directors, shareholders, members, officers, owners, servants, independent contractors, representatives, affiliates, employees, insurance carriers, agents, successors, and assigns (collectively the “Released Parties”) from and against any and all liabilities, costs, expenses, damages, claims, lawsuits, judgments, losses, demands, actions, and causes of action whatsoever, directly or indirectly arising out of or related to any loss, damage, or injury, including death, that may be sustained by me or a minor Participant related to COVID-19, whether caused by the negligence of the Released Parties, any third-party using Lake PowellPaddleboards equipment or tours, or otherwise, while participating in any activity while in, on, or around Lake Powell Paddleboards store, Glen Canyon National Recreation Area and/or while using any Lake Powell Paddleboards LLC facilities, tools, equipment, or materials. 

I agree to indemnify, defend, and hold harmless the Released Parties from and against any and all costs, expenses, damages, claims, lawsuits, judgments, losses, demands, actions, causes of action and/or liabilities whatsoever (including attorney’s fees) arising either directly or indirectly from or related to any and all claims made by or against any of the Released Parties due to bodily injury, death, loss of use, monetary loss, or any other injury from or related to my use of Lake Powell Paddleboards facilities, tools, equipment, or materials, whether caused by the negligence of the Released Parties or otherwise specifically related to COVID-19.

By signing below I acknowledge and represent that I have read the foregoing Waiver of Liability and Indemnification, understand it and sign it voluntarily as my own free act and deed, including without limitation the Release of Liability and Indemnification requirements contained in this document; I am sufficiently informed about the risks involved in using Lake Powell Paddleboards equipment to decide whether to sign this document; no oral representations, statements, or inducements, apart from the foregoing written agreement, have been made; I am at least eighteen (18) years of age and fully competent; and I execute this document for full, adequate, and complete consideration fully intending to be bound by the same. I agree that this Wavier of Liability shall be governed by and construed in accordance with Arizona law, and that if any of the provisions hereof are found to be unenforceable, the remaining provisions hereof shall remain in full force and effect, and the unenforceable provision(s) shall be deemed modified to the limited extent required to permit enforcement of the Wavier of Liability as a whole. 

LAKE POWELL PADDLEBOARDS, LLC 

STAND UP PADDLEBOARD, KAYAK AND PACKRAFT WARNING, ASSUMPTION OF RISK, RELEASE OF

LIABILITY & INDEMNITY AGREEMENT

PLEASE READ CAREFULLY BEFORE SIGNING. THIS IS A RELEASE OF LIABILITY & WAIVER OF LEGAL RIGHTS.

1. Definitions. The person who is participating in stand up paddleboarding, packrafting, and/or kayaking shall be referred to hereinafter as “Participant”. The “Undersigned” means only the Participant when the Participant is age 18 or older OR it means both the Participant and the Participant’s parent or legal guardian when the Participant is under the age of 18. “Released Parties” means Lake Powell Paddleboards, LLC, an Arizona limited liability company (“LPP), and any of [its/their] respective successors in interest, affiliated organizations and companies, owners, insurance carriers, agents, employees, representatives, assigns, officers, board members, directors, members, servants, independent contractors and shareholders. The “Activity” means taking part in stand up paddle boarding, packrafting, and/or kayaking. 

2. Risks of Activity. The Undersigned agree and understand that taking part in the Activity can be HAZARDOUS AND INVOLVES THE RISK OF PHYSICAL INJURY AND/OR DEATH. The Undersigned acknowledge that the Activity is inherently dangerous and fully realize the dangers of participating in the Activity. The risks and dangers of the activity include, but are not limited to: changing weather conditions, changing tides, undertows, changing water conditions, cold water immersion, hidden underwater obstacles, trees or other above water obstacles, changing and unpredictable currents, drowning, water borne infections or disease, air borne infections or disease, exposure, swimming, overturning, improper use of equipment, carrying boards and other equipment, entrapment of feet or other body parts under rocks or other objects or with equipment, equipment failure, dehydration, sunburn, not being familiar with the waterway and forecasted water and weather conditions, high surf, high wind, rapids, other watercraft, docks, pilings or any other obstacles, and mental distress from exposure to any one of the above. I understand there could be damage to my vehicle when using the car racks, straps and pads provided, and that damage could occur during loading or unloading kayaks, paddleboards, or other equipment from my vehicle by LPP employees, myself or anyone else.

UNDERSIGNED ACKNOWLEDGE AND UNDERSTAND THAT THE DESCRIPTION OF THE RISKS LISTED ABOVE IS NOT COMPLETE AND THAT PARTICIPATING IN THE ACTIVITY MAY BE DANGEROUS AND MAY INCLUDE OTHER RISKS. 

3. Release, Indemnification, and Assumption of Risk. In consideration of the Participant being permitted to participate in the Activity, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Undersigned agree as follows:

1. Release. THE UNDERSIGNED HEREBY IRREVOCABLY AND UNCONDITIONALLY RELEASE, FOREVER DISCHARGE, AND AGREE NOT TO SUE OR BRING ANY OTHER LEGAL ACTION AGAINST THE RELEASED PARTIES with respect to any and all claims and causes of action of any nature whether currently known or unknown, which the Undersigned, or any of them, have or which could be asserted on behalf of the Undersigned in connection with the Participant’s participation in the Activity, including, but not limited to claims of negligence, product defect, breach of warranty, and/or breach of contract. 
2. Indemnification. The Undersigned hereby agree to indemnify, defend and hold harmless the Released Parties from and against any and all liabilities, costs, expenses, losses or damages of any kind or nature whatsoever and from and against any suits, judgments, claims, actions, and causes of action or demands, including legal fees and expenses whether or not in litigation, directly or indirectly arising out of, or related to, Participant’s participation in the Activity. Such obligation on the part of the Undersigned shall survive the period of the Participant’s participation in the Activity. 
3. Assumption of Risk. The Undersigned agree and understand that there are dangers and risks associated with the participation in the Activity and that INJURIES AND/OR DEATH may result from participating in the Activity, including, but not limited to the acts, omissions, representations, carelessness, and negligence of the Released Parties. By signing this document, the Undersigned recognize that property loss, injury and death are all possible while participating in the Activity, and the Undersigned is sufficiently informed about the risks involved to decide whether to sign this document. RECOGNIZING THE RISKS AND DANGERS, THE UNDERSIGNED UNDERSTAND THE NATURE OF THE ACTIVITY AND VOLUNTARILY CHOOSE FOR PARTICIPANT TO PARTICIPATE IN AND EXPRESSLY ASSUME ALL RISKS AND DANGERS OF THE PARTICPATION IN THE ACTIVITY, WHETHER OR NOT DESCRIBED ABOVE, KNOWN OR UNKNOWN, INHERENT, OR OTHERWISE. By signing this Agreement, the Undersigned acknowledges and represents that they have read the Agreement, understand it and sign it voluntarily as their own free act and deed, including without limitation the Release of Liability, Indemnification, and Assumption of Risk requirements contained in this document 

4. Minor Acknowledgment. In the case of a minor Participant, the Undersigned parent or legal guardian acknowledges that he/she is not only signing this Agreement on his/her behalf, but that he/she is also signing on behalf of the minor, and that the minor shall be bound by all the terms of this Agreement. Additionally, by signing this Agreement as the parent or legal guardian of a minor, the parent or legal guardian understands that he/she is also waiving rights on behalf of the minor that the minor otherwise may have. The Undersigned parent or legal guardian agrees that, but for the foregoing, the minor would not be permitted to participate in the Activity. By signing this Agreement without a parent or legal guardian’s signature, Participant, under penalty of fraud, represents that he/she is at least 18 years of age. If signing as the parent or guardian of a minor Participant, signing adults, under penalty of fraud, represent that they are a legal parent or guardian of the minor Participant.

5. Medical Care. Undersigned authorize the Released Parties and/or their authorized personnel to call for medical care for Participant or to transport Participant to a medical facility or hospital if, in the opinion of such personnel, medical attention is needed. Undersigned agree to pay all costs associated with such medical care and related transportation.

6. Miscellaneous. The Undersigned further agree and understand: (a) Participant will not engage in any activities prohibited by any applicable laws, statutes, regulations and ordinances; (b) this Agreement shall be governed by the laws of the State of Arizona, and the exclusive jurisdiction for any claim shall be the venue of Coconino County or the federal court of the State of Arizona; (c) this Agreement constitutes the entire agreement between the parties hereto and supersedes any and all prior contracts, arrangements, communications, or representations, whether oral or written, between the parties relating to the subject matter hereof; (d) there shall be deemed to be no other terms, conditions, promises, understandings, statements or representations, express or implied, concerning this Agreement unless set forth in writing and signed by the parties hereto; (e) no modifications of this Agreement shall be binding unless evidenced by a writing signed by the parties hereto, and any attempt at oral modification of this Agreement shall be void and of no effect; (f) this Agreement shall be construed according to its fair meaning and as if prepared by all parties hereto; and (g) the Undersigned understand and acknowledge that this Agreement is a contract and shall be binding to the fullest extent permitted by law. If any part of this Agreement is deemed to be unenforceable, the remaining provisions hereof shall remain in full force and effect , and the unenforceable provision(s) shall be deemed modified to the limited extent required to permit enforcement of the Agreement as a whole. It is the intent of the Undersigned that this Agreement shall be binding upon and inure to the benefit of the Undersigned individually and the assigns, subrogors, subrogee, distributors, heirs, next of kin, executors, administrators, successors, and personal representatives of the Undersigned. Words of the masculine gender shall include the feminine and neuter genders; and when the sentence so indicates, words of the neuter gender shall refer to any gender.  Words of a singular shall include the plural and vice versa. The headings in this Agreement are inserted for reference only and shall not define or limit the provisions hereof. This Agreement may be executed in counterparts, each of which shall be deemed an original but all of which shall constitute one and the same instrument, and this Agreement may also be signed by facsimile or electronic signatures, which shall be fully valid and binding upon the Undersigned.

I HAVE CAREFULLY READ THE FOREGOING ASSUMPTION OF RISK, RELEASE OF LIABILITY & INDEMNITY AGREEMENT AND UNDERSTAND ITS CONTENTS. I AM AWARE THAT I AM RELEASING LEGAL RIGHTS THAT OTHERWISE MAY EXIST.

If I am not present during the delivery or return of my paddleboard, kayak, or packraft, I will be fully responsible for any loss, theft or damage to the same and any damage to any vehicle used to transport them or any other vehicle or property damaged by the rental equipment.

Lake Powell Paddleboards, LLC may take and use photographs/video of me or any minor child or ward with or without my name and may be used for any lawful purpose, including advertising, marketing and web content. 

When engaging in the rental or use of LPP rental equipment, including car racks, I agree to accept all responsibility to maintain the condition and whereabouts of all the equipment rented for the entire rental period and to pay all repair and/or replacement costs for any damage or theft that may occur to equipment, or to my own or others vehicles or property during the rental period. Should I damage any rental equipment, I agree to pay a damage fee not to exceed $300 per paddleboard, $50 per paddle, $650 per packraft and $200 per kayak, which I authorize to be charged to the credit card I paid for this rental with. Should I lose or destroy any rental equipment or allow it to get stolen, I agree to pay a replacement fee of $850 per paddleboard, $500 per kayak, $80 per paddle, $25 per life jacket, and $650 per packraft, which I authorize to be charged to the credit card I paid for this rental with. If I am not present during the delivery or return of my paddleboard, kayak, or packraft, I will be fully responsible for any loss, theft or damage to the same and any damage to any vehicle used to transport them or damaged by the rental equipment. 

I understand and agree that I, and any minor 13 years old or above must wear a Life Jacket (Personal Flotation Device) at all times while on the lake or river. I understand that minors 12 years old or under must be wearing a life jacket at all times while on the lake or river. I understand that leashes should always be worn at all times while paddleboarding. (required)

COVID-19 Risk.

COVID-19 WAIVER OF LIABILITY AND INDEMNIFICATION 

I agree that I am personally responsible for my safety and actions while using, allowing or participating in Lake Powell Paddleboards LLC rental equipment, tours, loading and unloading equipment on and in my vehicle. I agree to comply with all LPP policies and rules, including but not limited to all LPP policies, guidelines, signage, and instructions. Because Lake Powell Paddleboards LLC is open for use by other individuals, I recognize that I am at higher risk of contracting COVID-19.

With full awareness and appreciation of the risks involved, I, for myself and on behalf of a minor Participant, family, spouse, estate, heirs, executors, administrators, assigns, and personal representatives, hereby forever release, waive, discharge, and covenant not to sue Lake Powell Paddleboards, LLC, it’s board members, directors, shareholders, members, officers, owners, servants, independent contractors, representatives, affiliates, employees, insurance carriers, agents, successors, and assigns (collectively the “Released Parties”) from and against any and all liabilities, costs, expenses, damages, claims, lawsuits, judgments, losses, demands, actions, and causes of action whatsoever, directly or indirectly arising out of or related to any loss, damage, or injury, including death, that may be sustained by me or a minor Participant related to COVID-19, whether caused by the negligence of the Released Parties, any third-party using Lake PowellPaddleboards equipment or tours, or otherwise, while participating in any activity while in, on, or around Lake Powell Paddleboards store, Glen Canyon National Recreation Area and/or while using any Lake Powell Paddleboards LLC facilities, tools, equipment, or materials. 

I agree to indemnify, defend, and hold harmless the Released Parties from and against any and all costs, expenses, damages, claims, lawsuits, judgments, losses, demands, actions, causes of action and/or liabilities whatsoever (including attorney’s fees) arising either directly or indirectly from or related to any and all claims made by or against any of the Released Parties due to bodily injury, death, loss of use, monetary loss, or any other injury from or related to my use of Lake Powell Paddleboards facilities, tools, equipment, or materials, whether caused by the negligence of the Released Parties or otherwise specifically related to COVID-19.

By signing below I acknowledge and represent that I have read the foregoing Waiver of Liability and Indemnification, understand it and sign it voluntarily as my own free act and deed, including without limitation the Release of Liability and Indemnification requirements contained in this document; I am sufficiently informed about the risks involved in using Lake Powell Paddleboards equipment to decide whether to sign this document; no oral representations, statements, or inducements, apart from the foregoing written agreement, have been made; I am at least eighteen (18) years of age and fully competent; and I execute this document for full, adequate, and complete consideration fully intending to be bound by the same. I agree that this Wavier of Liability shall be governed by and construed in accordance with Arizona law, and that if any of the provisions hereof are found to be unenforceable, the remaining provisions hereof shall remain in full force and effect, and the unenforceable provision(s) shall be deemed modified to the limited extent required to permit enforcement of the Wavier of Liability as a whole. 

LAKE POWELL PADDLEBOARDS, LLC 

STAND UP PADDLEBOARD, KAYAK AND PACKRAFT WARNING, ASSUMPTION OF RISK, RELEASE OF

LIABILITY & INDEMNITY AGREEMENT

PLEASE READ CAREFULLY BEFORE SIGNING. THIS IS A RELEASE OF LIABILITY & WAIVER OF LEGAL RIGHTS.

1. Definitions. The person who is participating in stand up paddleboarding, packrafting, and/or kayaking shall be referred to hereinafter as “Participant”. The “Undersigned” means only the Participant when the Participant is age 18 or older OR it means both the Participant and the Participant’s parent or legal guardian when the Participant is under the age of 18. “Released Parties” means Lake Powell Paddleboards, LLC, an Arizona limited liability company (“LPP), and any of [its/their] respective successors in interest, affiliated organizations and companies, owners, insurance carriers, agents, employees, representatives, assigns, officers, board members, directors, members, servants, independent contractors and shareholders. The “Activity” means taking part in stand up paddle boarding, packrafting, and/or kayaking. 

2. Risks of Activity. The Undersigned agree and understand that taking part in the Activity can be HAZARDOUS AND INVOLVES THE RISK OF PHYSICAL INJURY AND/OR DEATH. The Undersigned acknowledge that the Activity is inherently dangerous and fully realize the dangers of participating in the Activity. The risks and dangers of the activity include, but are not limited to: changing weather conditions, changing tides, undertows, changing water conditions, cold water immersion, hidden underwater obstacles, trees or other above water obstacles, changing and unpredictable currents, drowning, water borne infections or disease, air borne infections or disease, exposure, swimming, overturning, improper use of equipment, carrying boards and other equipment, entrapment of feet or other body parts under rocks or other objects or with equipment, equipment failure, dehydration, sunburn, not being familiar with the waterway and forecasted water and weather conditions, high surf, high wind, rapids, other watercraft, docks, pilings or any other obstacles, and mental distress from exposure to any one of the above. I understand there could be damage to my vehicle when using the car racks, straps and pads provided, and that damage could occur during loading or unloading kayaks, paddleboards, or other equipment from my vehicle by LPP employees, myself or anyone else.

UNDERSIGNED ACKNOWLEDGE AND UNDERSTAND THAT THE DESCRIPTION OF THE RISKS LISTED ABOVE IS NOT COMPLETE AND THAT PARTICIPATING IN THE ACTIVITY MAY BE DANGEROUS AND MAY INCLUDE OTHER RISKS. 

3. Release, Indemnification, and Assumption of Risk. In consideration of the Participant being permitted to participate in the Activity, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Undersigned agree as follows:

1. Release. THE UNDERSIGNED HEREBY IRREVOCABLY AND UNCONDITIONALLY RELEASE, FOREVER DISCHARGE, AND AGREE NOT TO SUE OR BRING ANY OTHER LEGAL ACTION AGAINST THE RELEASED PARTIES with respect to any and all claims and causes of action of any nature whether currently known or unknown, which the Undersigned, or any of them, have or which could be asserted on behalf of the Undersigned in connection with the Participant’s participation in the Activity, including, but not limited to claims of negligence, product defect, breach of warranty, and/or breach of contract. 
2. Indemnification. The Undersigned hereby agree to indemnify, defend and hold harmless the Released Parties from and against any and all liabilities, costs, expenses, losses or damages of any kind or nature whatsoever and from and against any suits, judgments, claims, actions, and causes of action or demands, including legal fees and expenses whether or not in litigation, directly or indirectly arising out of, or related to, Participant’s participation in the Activity. Such obligation on the part of the Undersigned shall survive the period of the Participant’s participation in the Activity. 
3. Assumption of Risk. The Undersigned agree and understand that there are dangers and risks associated with the participation in the Activity and that INJURIES AND/OR DEATH may result from participating in the Activity, including, but not limited to the acts, omissions, representations, carelessness, and negligence of the Released Parties. By signing this document, the Undersigned recognize that property loss, injury and death are all possible while participating in the Activity, and the Undersigned is sufficiently informed about the risks involved to decide whether to sign this document. RECOGNIZING THE RISKS AND DANGERS, THE UNDERSIGNED UNDERSTAND THE NATURE OF THE ACTIVITY AND VOLUNTARILY CHOOSE FOR PARTICIPANT TO PARTICIPATE IN AND EXPRESSLY ASSUME ALL RISKS AND DANGERS OF THE PARTICPATION IN THE ACTIVITY, WHETHER OR NOT DESCRIBED ABOVE, KNOWN OR UNKNOWN, INHERENT, OR OTHERWISE. By signing this Agreement, the Undersigned acknowledges and represents that they have read the Agreement, understand it and sign it voluntarily as their own free act and deed, including without limitation the Release of Liability, Indemnification, and Assumption of Risk requirements contained in this document 

4. Minor Acknowledgment. In the case of a minor Participant, the Undersigned parent or legal guardian acknowledges that he/she is not only signing this Agreement on his/her behalf, but that he/she is also signing on behalf of the minor, and that the minor shall be bound by all the terms of this Agreement. Additionally, by signing this Agreement as the parent or legal guardian of a minor, the parent or legal guardian understands that he/she is also waiving rights on behalf of the minor that the minor otherwise may have. The Undersigned parent or legal guardian agrees that, but for the foregoing, the minor would not be permitted to participate in the Activity. By signing this Agreement without a parent or legal guardian’s signature, Participant, under penalty of fraud, represents that he/she is at least 18 years of age. If signing as the parent or guardian of a minor Participant, signing adults, under penalty of fraud, represent that they are a legal parent or guardian of the minor Participant.

5. Medical Care. Undersigned authorize the Released Parties and/or their authorized personnel to call for medical care for Participant or to transport Participant to a medical facility or hospital if, in the opinion of such personnel, medical attention is needed. Undersigned agree to pay all costs associated with such medical care and related transportation.

6. Miscellaneous. The Undersigned further agree and understand: (a) Participant will not engage in any activities prohibited by any applicable laws, statutes, regulations and ordinances; (b) this Agreement shall be governed by the laws of the State of Arizona, and the exclusive jurisdiction for any claim shall be the venue of Coconino County or the federal court of the State of Arizona; (c) this Agreement constitutes the entire agreement between the parties hereto and supersedes any and all prior contracts, arrangements, communications, or representations, whether oral or written, between the parties relating to the subject matter hereof; (d) there shall be deemed to be no other terms, conditions, promises, understandings, statements or representations, express or implied, concerning this Agreement unless set forth in writing and signed by the parties hereto; (e) no modifications of this Agreement shall be binding unless evidenced by a writing signed by the parties hereto, and any attempt at oral modification of this Agreement shall be void and of no effect; (f) this Agreement shall be construed according to its fair meaning and as if prepared by all parties hereto; and (g) the Undersigned understand and acknowledge that this Agreement is a contract and shall be binding to the fullest extent permitted by law. If any part of this Agreement is deemed to be unenforceable, the remaining provisions hereof shall remain in full force and effect , and the unenforceable provision(s) shall be deemed modified to the limited extent required to permit enforcement of the Agreement as a whole. It is the intent of the Undersigned that this Agreement shall be binding upon and inure to the benefit of the Undersigned individually and the assigns, subrogors, subrogee, distributors, heirs, next of kin, executors, administrators, successors, and personal representatives of the Undersigned. Words of the masculine gender shall include the feminine and neuter genders; and when the sentence so indicates, words of the neuter gender shall refer to any gender.  Words of a singular shall include the plural and vice versa. The headings in this Agreement are inserted for reference only and shall not define or limit the provisions hereof. This Agreement may be executed in counterparts, each of which shall be deemed an original but all of which shall constitute one and the same instrument, and this Agreement may also be signed by facsimile or electronic signatures, which shall be fully valid and binding upon the Undersigned.

I HAVE CAREFULLY READ THE FOREGOING ASSUMPTION OF RISK, RELEASE OF LIABILITY & INDEMNITY AGREEMENT AND UNDERSTAND ITS CONTENTS. I AM AWARE THAT I AM RELEASING LEGAL RIGHTS THAT OTHERWISE MAY EXIST.

If I am not present during the delivery or return of my paddleboard, kayak, or packraft, I will be fully responsible for any loss, theft or damage to the same and any damage to any vehicle used to transport them or any other vehicle or property damaged by the rental equipment.

Lake Powell Paddleboards, LLC may take and use photographs/video of me or any minor child or ward with or without my name and may be used for any lawful purpose, including advertising, marketing and web content. 

When engaging in the rental or use of LPP rental equipment, including car racks, I agree to accept all responsibility to maintain the condition and whereabouts of all the equipment rented for the entire rental period and to pay all repair and/or replacement costs for any damage or theft that may occur to equipment, or to my own or others vehicles or property during the rental period. Should I damage any rental equipment, I agree to pay a damage fee not to exceed $300 per paddleboard, $50 per paddle, $650 per packraft and $200 per kayak, which I authorize to be charged to the credit card I paid for this rental with. Should I lose or destroy any rental equipment or allow it to get stolen, I agree to pay a replacement fee of $850 per paddleboard, $500 per kayak, $80 per paddle, $25 per life jacket, and $650 per packraft, which I authorize to be charged to the credit card I paid for this rental with. If I am not present during the delivery or return of my paddleboard, kayak, or packraft, I will be fully responsible for any loss, theft or damage to the same and any damage to any vehicle used to transport them or damaged by the rental equipment. 

I understand and agree that I, and any minor 13 years old or above must wear a Life Jacket (Personal Flotation Device) at all times while on the lake or river. I understand that minors 12 years old or under must be wearing a life jacket at all times while on the lake or river. I understand that leashes should always be worn at all times while paddleboarding. (required)

COVID-19 Risk.

COVID-19 WAIVER OF LIABILITY AND INDEMNIFICATION 

I agree that I am personally responsible for my safety and actions while using, allowing or participating in Lake Powell Paddleboards LLC rental equipment, tours, loading and unloading equipment on and in my vehicle. I agree to comply with all LPP policies and rules, including but not limited to all LPP policies, guidelines, signage, and instructions. Because Lake Powell Paddleboards LLC is open for use by other individuals, I recognize that I am at higher risk of contracting COVID-19.

With full awareness and appreciation of the risks involved, I, for myself and on behalf of a minor Participant, family, spouse, estate, heirs, executors, administrators, assigns, and personal representatives, hereby forever release, waive, discharge, and covenant not to sue Lake Powell Paddleboards, LLC, it’s board members, directors, shareholders, members, officers, owners, servants, independent contractors, representatives, affiliates, employees, insurance carriers, agents, successors, and assigns (collectively the “Released Parties”) from and against any and all liabilities, costs, expenses, damages, claims, lawsuits, judgments, losses, demands, actions, and causes of action whatsoever, directly or indirectly arising out of or related to any loss, damage, or injury, including death, that may be sustained by me or a minor Participant related to COVID-19, whether caused by the negligence of the Released Parties, any third-party using Lake PowellPaddleboards equipment or tours, or otherwise, while participating in any activity while in, on, or around Lake Powell Paddleboards store, Glen Canyon National Recreation Area and/or while using any Lake Powell Paddleboards LLC facilities, tools, equipment, or materials. 

I agree to indemnify, defend, and hold harmless the Released Parties from and against any and all costs, expenses, damages, claims, lawsuits, judgments, losses, demands, actions, causes of action and/or liabilities whatsoever (including attorney’s fees) arising either directly or indirectly from or related to any and all claims made by or against any of the Released Parties due to bodily injury, death, loss of use, monetary loss, or any other injury from or related to my use of Lake Powell Paddleboards facilities, tools, equipment, or materials, whether caused by the negligence of the Released Parties or otherwise specifically related to COVID-19.

By signing below I acknowledge and represent that I have read the foregoing Waiver of Liability and Indemnification, understand it and sign it voluntarily as my own free act and deed, including without limitation the Release of Liability and Indemnification requirements contained in this document; I am sufficiently informed about the risks involved in using Lake Powell Paddleboards equipment to decide whether to sign this document; no oral representations, statements, or inducements, apart from the foregoing written agreement, have been made; I am at least eighteen (18) years of age and fully competent; and I execute this document for full, adequate, and complete consideration fully intending to be bound by the same. I agree that this Wavier of Liability shall be governed by and construed in accordance with Arizona law, and that if any of the provisions hereof are found to be unenforceable, the remaining provisions hereof shall remain in full force and effect, and the unenforceable provision(s) shall be deemed modified to the limited extent required to permit enforcement of the Wavier of Liability as a whole. 

LAKE POWELL PADDLEBOARDS, LLC 

STAND UP PADDLEBOARD, KAYAK AND PACKRAFT WARNING, ASSUMPTION OF RISK, RELEASE OF

LIABILITY & INDEMNITY AGREEMENT

PLEASE READ CAREFULLY BEFORE SIGNING. THIS IS A RELEASE OF LIABILITY & WAIVER OF LEGAL RIGHTS.

1. Definitions. The person who is participating in stand up paddleboarding, packrafting, and/or kayaking shall be referred to hereinafter as “Participant”. The “Undersigned” means only the Participant when the Participant is age 18 or older OR it means both the Participant and the Participant’s parent or legal guardian when the Participant is under the age of 18. “Released Parties” means Lake Powell Paddleboards, LLC, an Arizona limited liability company (“LPP), and any of [its/their] respective successors in interest, affiliated organizations and companies, owners, insurance carriers, agents, employees, representatives, assigns, officers, board members, directors, members, servants, independent contractors and shareholders. The “Activity” means taking part in stand up paddle boarding, packrafting, and/or kayaking. 

2. Risks of Activity. The Undersigned agree and understand that taking part in the Activity can be HAZARDOUS AND INVOLVES THE RISK OF PHYSICAL INJURY AND/OR DEATH. The Undersigned acknowledge that the Activity is inherently dangerous and fully realize the dangers of participating in the Activity. The risks and dangers of the activity include, but are not limited to: changing weather conditions, changing tides, undertows, changing water conditions, cold water immersion, hidden underwater obstacles, trees or other above water obstacles, changing and unpredictable currents, drowning, water borne infections or disease, air borne infections or disease, exposure, swimming, overturning, improper use of equipment, carrying boards and other equipment, entrapment of feet or other body parts under rocks or other objects or with equipment, equipment failure, dehydration, sunburn, not being familiar with the waterway and forecasted water and weather conditions, high surf, high wind, rapids, other watercraft, docks, pilings or any other obstacles, and mental distress from exposure to any one of the above. I understand there could be damage to my vehicle when using the car racks, straps and pads provided, and that damage could occur during loading or unloading kayaks, paddleboards, or other equipment from my vehicle by LPP employees, myself or anyone else.

UNDERSIGNED ACKNOWLEDGE AND UNDERSTAND THAT THE DESCRIPTION OF THE RISKS LISTED ABOVE IS NOT COMPLETE AND THAT PARTICIPATING IN THE ACTIVITY MAY BE DANGEROUS AND MAY INCLUDE OTHER RISKS. 

3. Release, Indemnification, and Assumption of Risk. In consideration of the Participant being permitted to participate in the Activity, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Undersigned agree as follows:

1. Release. THE UNDERSIGNED HEREBY IRREVOCABLY AND UNCONDITIONALLY RELEASE, FOREVER DISCHARGE, AND AGREE NOT TO SUE OR BRING ANY OTHER LEGAL ACTION AGAINST THE RELEASED PARTIES with respect to any and all claims and causes of action of any nature whether currently known or unknown, which the Undersigned, or any of them, have or which could be asserted on behalf of the Undersigned in connection with the Participant’s participation in the Activity, including, but not limited to claims of negligence, product defect, breach of warranty, and/or breach of contract. 
2. Indemnification. The Undersigned hereby agree to indemnify, defend and hold harmless the Released Parties from and against any and all liabilities, costs, expenses, losses or damages of any kind or nature whatsoever and from and against any suits, judgments, claims, actions, and causes of action or demands, including legal fees and expenses whether or not in litigation, directly or indirectly arising out of, or related to, Participant’s participation in the Activity. Such obligation on the part of the Undersigned shall survive the period of the Participant’s participation in the Activity. 
3. Assumption of Risk. The Undersigned agree and understand that there are dangers and risks associated with the participation in the Activity and that INJURIES AND/OR DEATH may result from participating in the Activity, including, but not limited to the acts, omissions, representations, carelessness, and negligence of the Released Parties. By signing this document, the Undersigned recognize that property loss, injury and death are all possible while participating in the Activity, and the Undersigned is sufficiently informed about the risks involved to decide whether to sign this document. RECOGNIZING THE RISKS AND DANGERS, THE UNDERSIGNED UNDERSTAND THE NATURE OF THE ACTIVITY AND VOLUNTARILY CHOOSE FOR PARTICIPANT TO PARTICIPATE IN AND EXPRESSLY ASSUME ALL RISKS AND DANGERS OF THE PARTICPATION IN THE ACTIVITY, WHETHER OR NOT DESCRIBED ABOVE, KNOWN OR UNKNOWN, INHERENT, OR OTHERWISE. By signing this Agreement, the Undersigned acknowledges and represents that they have read the Agreement, understand it and sign it voluntarily as their own free act and deed, including without limitation the Release of Liability, Indemnification, and Assumption of Risk requirements contained in this document 

4. Minor Acknowledgment. In the case of a minor Participant, the Undersigned parent or legal guardian acknowledges that he/she is not only signing this Agreement on his/her behalf, but that he/she is also signing on behalf of the minor, and that the minor shall be bound by all the terms of this Agreement. Additionally, by signing this Agreement as the parent or legal guardian of a minor, the parent or legal guardian understands that he/she is also waiving rights on behalf of the minor that the minor otherwise may have. The Undersigned parent or legal guardian agrees that, but for the foregoing, the minor would not be permitted to participate in the Activity. By signing this Agreement without a parent or legal guardian’s signature, Participant, under penalty of fraud, represents that he/she is at least 18 years of age. If signing as the parent or guardian of a minor Participant, signing adults, under penalty of fraud, represent that they are a legal parent or guardian of the minor Participant.

5. Medical Care. Undersigned authorize the Released Parties and/or their authorized personnel to call for medical care for Participant or to transport Participant to a medical facility or hospital if, in the opinion of such personnel, medical attention is needed. Undersigned agree to pay all costs associated with such medical care and related transportation.

6. Miscellaneous. The Undersigned further agree and understand: (a) Participant will not engage in any activities prohibited by any applicable laws, statutes, regulations and ordinances; (b) this Agreement shall be governed by the laws of the State of Arizona, and the exclusive jurisdiction for any claim shall be the venue of Coconino County or the federal court of the State of Arizona; (c) this Agreement constitutes the entire agreement between the parties hereto and supersedes any and all prior contracts, arrangements, communications, or representations, whether oral or written, between the parties relating to the subject matter hereof; (d) there shall be deemed to be no other terms, conditions, promises, understandings, statements or representations, express or implied, concerning this Agreement unless set forth in writing and signed by the parties hereto; (e) no modifications of this Agreement shall be binding unless evidenced by a writing signed by the parties hereto, and any attempt at oral modification of this Agreement shall be void and of no effect; (f) this Agreement shall be construed according to its fair meaning and as if prepared by all parties hereto; and (g) the Undersigned understand and acknowledge that this Agreement is a contract and shall be binding to the fullest extent permitted by law. If any part of this Agreement is deemed to be unenforceable, the remaining provisions hereof shall remain in full force and effect , and the unenforceable provision(s) shall be deemed modified to the limited extent required to permit enforcement of the Agreement as a whole. It is the intent of the Undersigned that this Agreement shall be binding upon and inure to the benefit of the Undersigned individually and the assigns, subrogors, subrogee, distributors, heirs, next of kin, executors, administrators, successors, and personal representatives of the Undersigned. Words of the masculine gender shall include the feminine and neuter genders; and when the sentence so indicates, words of the neuter gender shall refer to any gender.  Words of a singular shall include the plural and vice versa. The headings in this Agreement are inserted for reference only and shall not define or limit the provisions hereof. This Agreement may be executed in counterparts, each of which shall be deemed an original but all of which shall constitute one and the same instrument, and this Agreement may also be signed by facsimile or electronic signatures, which shall be fully valid and binding upon the Undersigned.

I HAVE CAREFULLY READ THE FOREGOING ASSUMPTION OF RISK, RELEASE OF LIABILITY & INDEMNITY AGREEMENT AND UNDERSTAND ITS CONTENTS. I AM AWARE THAT I AM RELEASING LEGAL RIGHTS THAT OTHERWISE MAY EXIST.

If I am not present during the delivery or return of my paddleboard, kayak, or packraft, I will be fully responsible for any loss, theft or damage to the same and any damage to any vehicle used to transport them or any other vehicle or property damaged by the rental equipment.

Lake Powell Paddleboards, LLC may take and use photographs/video of me or any minor child or ward with or without my name and may be used for any lawful purpose, including advertising, marketing and web content. 

When engaging in the rental or use of LPP rental equipment, including car racks, I agree to accept all responsibility to maintain the condition and whereabouts of all the equipment rented for the entire rental period and to pay all repair and/or replacement costs for any damage or theft that may occur to equipment, or to my own or others vehicles or property during the rental period. Should I damage any rental equipment, I agree to pay a damage fee not to exceed $300 per paddleboard, $50 per paddle, $650 per packraft and $200 per kayak, which I authorize to be charged to the credit card I paid for this rental with. Should I lose or destroy any rental equipment or allow it to get stolen, I agree to pay a replacement fee of $850 per paddleboard, $500 per kayak, $80 per paddle, $25 per life jacket, and $650 per packraft, which I authorize to be charged to the credit card I paid for this rental with. If I am not present during the delivery or return of my paddleboard, kayak, or packraft, I will be fully responsible for any loss, theft or damage to the same and any damage to any vehicle used to transport them or damaged by the rental equipment. 

I understand and agree that I, and any minor 13 years old or above must wear a Life Jacket (Personal Flotation Device) at all times while on the lake or river. I understand that minors 12 years old or under must be wearing a life jacket at all times while on the lake or river. I understand that leashes should always be worn at all times while paddleboarding. (required)

COVID-19 Risk.

COVID-19 WAIVER OF LIABILITY AND INDEMNIFICATION 

I agree that I am personally responsible for my safety and actions while using, allowing or participating in Lake Powell Paddleboards LLC rental equipment, tours, loading and unloading equipment on and in my vehicle. I agree to comply with all LPP policies and rules, including but not limited to all LPP policies, guidelines, signage, and instructions. Because Lake Powell Paddleboards LLC is open for use by other individuals, I recognize that I am at higher risk of contracting COVID-19.

With full awareness and appreciation of the risks involved, I, for myself and on behalf of a minor Participant, family, spouse, estate, heirs, executors, administrators, assigns, and personal representatives, hereby forever release, waive, discharge, and covenant not to sue Lake Powell Paddleboards, LLC, it’s board members, directors, shareholders, members, officers, owners, servants, independent contractors, representatives, affiliates, employees, insurance carriers, agents, successors, and assigns (collectively the “Released Parties”) from and against any and all liabilities, costs, expenses, damages, claims, lawsuits, judgments, losses, demands, actions, and causes of action whatsoever, directly or indirectly arising out of or related to any loss, damage, or injury, including death, that may be sustained by me or a minor Participant related to COVID-19, whether caused by the negligence of the Released Parties, any third-party using Lake PowellPaddleboards equipment or tours, or otherwise, while participating in any activity while in, on, or around Lake Powell Paddleboards store, Glen Canyon National Recreation Area and/or while using any Lake Powell Paddleboards LLC facilities, tools, equipment, or materials. 

I agree to indemnify, defend, and hold harmless the Released Parties from and against any and all costs, expenses, damages, claims, lawsuits, judgments, losses, demands, actions, causes of action and/or liabilities whatsoever (including attorney’s fees) arising either directly or indirectly from or related to any and all claims made by or against any of the Released Parties due to bodily injury, death, loss of use, monetary loss, or any other injury from or related to my use of Lake Powell Paddleboards facilities, tools, equipment, or materials, whether caused by the negligence of the Released Parties or otherwise specifically related to COVID-19.

By signing below I acknowledge and represent that I have read the foregoing Waiver of Liability and Indemnification, understand it and sign it voluntarily as my own free act and deed, including without limitation the Release of Liability and Indemnification requirements contained in this document; I am sufficiently informed about the risks involved in using Lake Powell Paddleboards equipment to decide whether to sign this document; no oral representations, statements, or inducements, apart from the foregoing written agreement, have been made; I am at least eighteen (18) years of age and fully competent; and I execute this document for full, adequate, and complete consideration fully intending to be bound by the same. I agree that this Wavier of Liability shall be governed by and construed in accordance with Arizona law, and that if any of the provisions hereof are found to be unenforceable, the remaining provisions hereof shall remain in full force and effect, and the unenforceable provision(s) shall be deemed modified to the limited extent required to permit enforcement of the Wavier of Liability as a whole. 

LAKE POWELL PADDLEBOARDS, LLC 

STAND UP PADDLEBOARD, KAYAK AND PACKRAFT WARNING, ASSUMPTION OF RISK, RELEASE OF

LIABILITY & INDEMNITY AGREEMENT

PLEASE READ CAREFULLY BEFORE SIGNING. THIS IS A RELEASE OF LIABILITY & WAIVER OF LEGAL RIGHTS.

1. Definitions. The person who is participating in stand up paddleboarding, packrafting, and/or kayaking shall be referred to hereinafter as “Participant”. The “Undersigned” means only the Participant when the Participant is age 18 or older OR it means both the Participant and the Participant’s parent or legal guardian when the Participant is under the age of 18. “Released Parties” means Lake Powell Paddleboards, LLC, an Arizona limited liability company (“LPP), and any of [its/their] respective successors in interest, affiliated organizations and companies, owners, insurance carriers, agents, employees, representatives, assigns, officers, board members, directors, members, servants, independent contractors and shareholders. The “Activity” means taking part in stand up paddle boarding, packrafting, and/or kayaking. 

2. Risks of Activity. The Undersigned agree and understand that taking part in the Activity can be HAZARDOUS AND INVOLVES THE RISK OF PHYSICAL INJURY AND/OR DEATH. The Undersigned acknowledge that the Activity is inherently dangerous and fully realize the dangers of participating in the Activity. The risks and dangers of the activity include, but are not limited to: changing weather conditions, changing tides, undertows, changing water conditions, cold water immersion, hidden underwater obstacles, trees or other above water obstacles, changing and unpredictable currents, drowning, water borne infections or disease, air borne infections or disease, exposure, swimming, overturning, improper use of equipment, carrying boards and other equipment, entrapment of feet or other body parts under rocks or other objects or with equipment, equipment failure, dehydration, sunburn, not being familiar with the waterway and forecasted water and weather conditions, high surf, high wind, rapids, other watercraft, docks, pilings or any other obstacles, and mental distress from exposure to any one of the above. I understand there could be damage to my vehicle when using the car racks, straps and pads provided, and that damage could occur during loading or unloading kayaks, paddleboards, or other equipment from my vehicle by LPP employees, myself or anyone else.

UNDERSIGNED ACKNOWLEDGE AND UNDERSTAND THAT THE DESCRIPTION OF THE RISKS LISTED ABOVE IS NOT COMPLETE AND THAT PARTICIPATING IN THE ACTIVITY MAY BE DANGEROUS AND MAY INCLUDE OTHER RISKS. 

3. Release, Indemnification, and Assumption of Risk. In consideration of the Participant being permitted to participate in the Activity, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Undersigned agree as follows:

1. Release. THE UNDERSIGNED HEREBY IRREVOCABLY AND UNCONDITIONALLY RELEASE, FOREVER DISCHARGE, AND AGREE NOT TO SUE OR BRING ANY OTHER LEGAL ACTION AGAINST THE RELEASED PARTIES with respect to any and all claims and causes of action of any nature whether currently known or unknown, which the Undersigned, or any of them, have or which could be asserted on behalf of the Undersigned in connection with the Participant’s participation in the Activity, including, but not limited to claims of negligence, product defect, breach of warranty, and/or breach of contract. 
2. Indemnification. The Undersigned hereby agree to indemnify, defend and hold harmless the Released Parties from and against any and all liabilities, costs, expenses, losses or damages of any kind or nature whatsoever and from and against any suits, judgments, claims, actions, and causes of action or demands, including legal fees and expenses whether or not in litigation, directly or indirectly arising out of, or related to, Participant’s participation in the Activity. Such obligation on the part of the Undersigned shall survive the period of the Participant’s participation in the Activity. 
3. Assumption of Risk. The Undersigned agree and understand that there are dangers and risks associated with the participation in the Activity and that INJURIES AND/OR DEATH may result from participating in the Activity, including, but not limited to the acts, omissions, representations, carelessness, and negligence of the Released Parties. By signing this document, the Undersigned recognize that property loss, injury and death are all possible while participating in the Activity, and the Undersigned is sufficiently informed about the risks involved to decide whether to sign this document. RECOGNIZING THE RISKS AND DANGERS, THE UNDERSIGNED UNDERSTAND THE NATURE OF THE ACTIVITY AND VOLUNTARILY CHOOSE FOR PARTICIPANT TO PARTICIPATE IN AND EXPRESSLY ASSUME ALL RISKS AND DANGERS OF THE PARTICPATION IN THE ACTIVITY, WHETHER OR NOT DESCRIBED ABOVE, KNOWN OR UNKNOWN, INHERENT, OR OTHERWISE. By signing this Agreement, the Undersigned acknowledges and represents that they have read the Agreement, understand it and sign it voluntarily as their own free act and deed, including without limitation the Release of Liability, Indemnification, and Assumption of Risk requirements contained in this document 

4. Minor Acknowledgment. In the case of a minor Participant, the Undersigned parent or legal guardian acknowledges that he/she is not only signing this Agreement on his/her behalf, but that he/she is also signing on behalf of the minor, and that the minor shall be bound by all the terms of this Agreement. Additionally, by signing this Agreement as the parent or legal guardian of a minor, the parent or legal guardian understands that he/she is also waiving rights on behalf of the minor that the minor otherwise may have. The Undersigned parent or legal guardian agrees that, but for the foregoing, the minor would not be permitted to participate in the Activity. By signing this Agreement without a parent or legal guardian’s signature, Participant, under penalty of fraud, represents that he/she is at least 18 years of age. If signing as the parent or guardian of a minor Participant, signing adults, under penalty of fraud, represent that they are a legal parent or guardian of the minor Participant.

5. Medical Care. Undersigned authorize the Released Parties and/or their authorized personnel to call for medical care for Participant or to transport Participant to a medical facility or hospital if, in the opinion of such personnel, medical attention is needed. Undersigned agree to pay all costs associated with such medical care and related transportation.

6. Miscellaneous. The Undersigned further agree and understand: (a) Participant will not engage in any activities prohibited by any applicable laws, statutes, regulations and ordinances; (b) this Agreement shall be governed by the laws of the State of Arizona, and the exclusive jurisdiction for any claim shall be the venue of Coconino County or the federal court of the State of Arizona; (c) this Agreement constitutes the entire agreement between the parties hereto and supersedes any and all prior contracts, arrangements, communications, or representations, whether oral or written, between the parties relating to the subject matter hereof; (d) there shall be deemed to be no other terms, conditions, promises, understandings, statements or representations, express or implied, concerning this Agreement unless set forth in writing and signed by the parties hereto; (e) no modifications of this Agreement shall be binding unless evidenced by a writing signed by the parties hereto, and any attempt at oral modification of this Agreement shall be void and of no effect; (f) this Agreement shall be construed according to its fair meaning and as if prepared by all parties hereto; and (g) the Undersigned understand and acknowledge that this Agreement is a contract and shall be binding to the fullest extent permitted by law. If any part of this Agreement is deemed to be unenforceable, the remaining provisions hereof shall remain in full force and effect , and the unenforceable provision(s) shall be deemed modified to the limited extent required to permit enforcement of the Agreement as a whole. It is the intent of the Undersigned that this Agreement shall be binding upon and inure to the benefit of the Undersigned individually and the assigns, subrogors, subrogee, distributors, heirs, next of kin, executors, administrators, successors, and personal representatives of the Undersigned. Words of the masculine gender shall include the feminine and neuter genders; and when the sentence so indicates, words of the neuter gender shall refer to any gender.  Words of a singular shall include the plural and vice versa. The headings in this Agreement are inserted for reference only and shall not define or limit the provisions hereof. This Agreement may be executed in counterparts, each of which shall be deemed an original but all of which shall constitute one and the same instrument, and this Agreement may also be signed by facsimile or electronic signatures, which shall be fully valid and binding upon the Undersigned.

I HAVE CAREFULLY READ THE FOREGOING ASSUMPTION OF RISK, RELEASE OF LIABILITY & INDEMNITY AGREEMENT AND UNDERSTAND ITS CONTENTS. I AM AWARE THAT I AM RELEASING LEGAL RIGHTS THAT OTHERWISE MAY EXIST.

If I am not present during the delivery or return of my paddleboard, kayak, or packraft, I will be fully responsible for any loss, theft or damage to the same and any damage to any vehicle used to transport them or any other vehicle or property damaged by the rental equipment.

Lake Powell Paddleboards, LLC may take and use photographs/video of me or any minor child or ward with or without my name and may be used for any lawful purpose, including advertising, marketing and web content. 

When engaging in the rental or use of LPP rental equipment, including car racks, I agree to accept all responsibility to maintain the condition and whereabouts of all the equipment rented for the entire rental period and to pay all repair and/or replacement costs for any damage or theft that may occur to equipment, or to my own or others vehicles or property during the rental period. Should I damage any rental equipment, I agree to pay a damage fee not to exceed $300 per paddleboard, $50 per paddle, $650 per packraft and $200 per kayak, which I authorize to be charged to the credit card I paid for this rental with. Should I lose or destroy any rental equipment or allow it to get stolen, I agree to pay a replacement fee of $850 per paddleboard, $500 per kayak, $80 per paddle, $25 per life jacket, and $650 per packraft, which I authorize to be charged to the credit card I paid for this rental with. If I am not present during the delivery or return of my paddleboard, kayak, or packraft, I will be fully responsible for any loss, theft or damage to the same and any damage to any vehicle used to transport them or damaged by the rental equipment. 

I understand and agree that I, and any minor 13 years old or above must wear a Life Jacket (Personal Flotation Device) at all times while on the lake or river. I understand that minors 12 years old or under must be wearing a life jacket at all times while on the lake or river. I understand that leashes should always be worn at all times while paddleboarding. (required)

COVID-19 Risk.

COVID-19 WAIVER OF LIABILITY AND INDEMNIFICATION 

I agree that I am personally responsible for my safety and actions while using, allowing or participating in Lake Powell Paddleboards LLC rental equipment, tours, loading and unloading equipment on and in my vehicle. I agree to comply with all LPP policies and rules, including but not limited to all LPP policies, guidelines, signage, and instructions. Because Lake Powell Paddleboards LLC is open for use by other individuals, I recognize that I am at higher risk of contracting COVID-19.

With full awareness and appreciation of the risks involved, I, for myself and on behalf of a minor Participant, family, spouse, estate, heirs, executors, administrators, assigns, and personal representatives, hereby forever release, waive, discharge, and covenant not to sue Lake Powell Paddleboards, LLC, it’s board members, directors, shareholders, members, officers, owners, servants, independent contractors, representatives, affiliates, employees, insurance carriers, agents, successors, and assigns (collectively the “Released Parties”) from and against any and all liabilities, costs, expenses, damages, claims, lawsuits, judgments, losses, demands, actions, and causes of action whatsoever, directly or indirectly arising out of or related to any loss, damage, or injury, including death, that may be sustained by me or a minor Participant related to COVID-19, whether caused by the negligence of the Released Parties, any third-party using Lake PowellPaddleboards equipment or tours, or otherwise, while participating in any activity while in, on, or around Lake Powell Paddleboards store, Glen Canyon National Recreation Area and/or while using any Lake Powell Paddleboards LLC facilities, tools, equipment, or materials. 

I agree to indemnify, defend, and hold harmless the Released Parties from and against any and all costs, expenses, damages, claims, lawsuits, judgments, losses, demands, actions, causes of action and/or liabilities whatsoever (including attorney’s fees) arising either directly or indirectly from or related to any and all claims made by or against any of the Released Parties due to bodily injury, death, loss of use, monetary loss, or any other injury from or related to my use of Lake Powell Paddleboards facilities, tools, equipment, or materials, whether caused by the negligence of the Released Parties or otherwise specifically related to COVID-19.

By signing below I acknowledge and represent that I have read the foregoing Waiver of Liability and Indemnification, understand it and sign it voluntarily as my own free act and deed, including without limitation the Release of Liability and Indemnification requirements contained in this document; I am sufficiently informed about the risks involved in using Lake Powell Paddleboards equipment to decide whether to sign this document; no oral representations, statements, or inducements, apart from the foregoing written agreement, have been made; I am at least eighteen (18) years of age and fully competent; and I execute this document for full, adequate, and complete consideration fully intending to be bound by the same. I agree that this Wavier of Liability shall be governed by and construed in accordance with Arizona law, and that if any of the provisions hereof are found to be unenforceable, the remaining provisions hereof shall remain in full force and effect, and the unenforceable provision(s) shall be deemed modified to the limited extent required to permit enforcement of the Wavier of Liability as a whole. 

LAKE POWELL PADDLEBOARDS, LLC 

STAND UP PADDLEBOARD, KAYAK AND PACKRAFT WARNING, ASSUMPTION OF RISK, RELEASE OF

LIABILITY & INDEMNITY AGREEMENT

PLEASE READ CAREFULLY BEFORE SIGNING. THIS IS A RELEASE OF LIABILITY & WAIVER OF LEGAL RIGHTS.

1. Definitions. The person who is participating in stand up paddleboarding, packrafting, and/or kayaking shall be referred to hereinafter as “Participant”. The “Undersigned” means only the Participant when the Participant is age 18 or older OR it means both the Participant and the Participant’s parent or legal guardian when the Participant is under the age of 18. “Released Parties” means Lake Powell Paddleboards, LLC, an Arizona limited liability company (“LPP), and any of [its/their] respective successors in interest, affiliated organizations and companies, owners, insurance carriers, agents, employees, representatives, assigns, officers, board members, directors, members, servants, independent contractors and shareholders. The “Activity” means taking part in stand up paddle boarding, packrafting, and/or kayaking. 

2. Risks of Activity. The Undersigned agree and understand that taking part in the Activity can be HAZARDOUS AND INVOLVES THE RISK OF PHYSICAL INJURY AND/OR DEATH. The Undersigned acknowledge that the Activity is inherently dangerous and fully realize the dangers of participating in the Activity. The risks and dangers of the activity include, but are not limited to: changing weather conditions, changing tides, undertows, changing water conditions, cold water immersion, hidden underwater obstacles, trees or other above water obstacles, changing and unpredictable currents, drowning, water borne infections or disease, air borne infections or disease, exposure, swimming, overturning, improper use of equipment, carrying boards and other equipment, entrapment of feet or other body parts under rocks or other objects or with equipment, equipment failure, dehydration, sunburn, not being familiar with the waterway and forecasted water and weather conditions, high surf, high wind, rapids, other watercraft, docks, pilings or any other obstacles, and mental distress from exposure to any one of the above. I understand there could be damage to my vehicle when using the car racks, straps and pads provided, and that damage could occur during loading or unloading kayaks, paddleboards, or other equipment from my vehicle by LPP employees, myself or anyone else.

UNDERSIGNED ACKNOWLEDGE AND UNDERSTAND THAT THE DESCRIPTION OF THE RISKS LISTED ABOVE IS NOT COMPLETE AND THAT PARTICIPATING IN THE ACTIVITY MAY BE DANGEROUS AND MAY INCLUDE OTHER RISKS. 

3. Release, Indemnification, and Assumption of Risk. In consideration of the Participant being permitted to participate in the Activity, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Undersigned agree as follows:

1. Release. THE UNDERSIGNED HEREBY IRREVOCABLY AND UNCONDITIONALLY RELEASE, FOREVER DISCHARGE, AND AGREE NOT TO SUE OR BRING ANY OTHER LEGAL ACTION AGAINST THE RELEASED PARTIES with respect to any and all claims and causes of action of any nature whether currently known or unknown, which the Undersigned, or any of them, have or which could be asserted on behalf of the Undersigned in connection with the Participant’s participation in the Activity, including, but not limited to claims of negligence, product defect, breach of warranty, and/or breach of contract. 
2. Indemnification. The Undersigned hereby agree to indemnify, defend and hold harmless the Released Parties from and against any and all liabilities, costs, expenses, losses or damages of any kind or nature whatsoever and from and against any suits, judgments, claims, actions, and causes of action or demands, including legal fees and expenses whether or not in litigation, directly or indirectly arising out of, or related to, Participant’s participation in the Activity. Such obligation on the part of the Undersigned shall survive the period of the Participant’s participation in the Activity. 
3. Assumption of Risk. The Undersigned agree and understand that there are dangers and risks associated with the participation in the Activity and that INJURIES AND/OR DEATH may result from participating in the Activity, including, but not limited to the acts, omissions, representations, carelessness, and negligence of the Released Parties. By signing this document, the Undersigned recognize that property loss, injury and death are all possible while participating in the Activity, and the Undersigned is sufficiently informed about the risks involved to decide whether to sign this document. RECOGNIZING THE RISKS AND DANGERS, THE UNDERSIGNED UNDERSTAND THE NATURE OF THE ACTIVITY AND VOLUNTARILY CHOOSE FOR PARTICIPANT TO PARTICIPATE IN AND EXPRESSLY ASSUME ALL RISKS AND DANGERS OF THE PARTICPATION IN THE ACTIVITY, WHETHER OR NOT DESCRIBED ABOVE, KNOWN OR UNKNOWN, INHERENT, OR OTHERWISE. By signing this Agreement, the Undersigned acknowledges and represents that they have read the Agreement, understand it and sign it voluntarily as their own free act and deed, including without limitation the Release of Liability, Indemnification, and Assumption of Risk requirements contained in this document 

4. Minor Acknowledgment. In the case of a minor Participant, the Undersigned parent or legal guardian acknowledges that he/she is not only signing this Agreement on his/her behalf, but that he/she is also signing on behalf of the minor, and that the minor shall be bound by all the terms of this Agreement. Additionally, by signing this Agreement as the parent or legal guardian of a minor, the parent or legal guardian understands that he/she is also waiving rights on behalf of the minor that the minor otherwise may have. The Undersigned parent or legal guardian agrees that, but for the foregoing, the minor would not be permitted to participate in the Activity. By signing this Agreement without a parent or legal guardian’s signature, Participant, under penalty of fraud, represents that he/she is at least 18 years of age. If signing as the parent or guardian of a minor Participant, signing adults, under penalty of fraud, represent that they are a legal parent or guardian of the minor Participant.

5. Medical Care. Undersigned authorize the Released Parties and/or their authorized personnel to call for medical care for Participant or to transport Participant to a medical facility or hospital if, in the opinion of such personnel, medical attention is needed. Undersigned agree to pay all costs associated with such medical care and related transportation.

6. Miscellaneous. The Undersigned further agree and understand: (a) Participant will not engage in any activities prohibited by any applicable laws, statutes, regulations and ordinances; (b) this Agreement shall be governed by the laws of the State of Arizona, and the exclusive jurisdiction for any claim shall be the venue of Coconino County or the federal court of the State of Arizona; (c) this Agreement constitutes the entire agreement between the parties hereto and supersedes any and all prior contracts, arrangements, communications, or representations, whether oral or written, between the parties relating to the subject matter hereof; (d) there shall be deemed to be no other terms, conditions, promises, understandings, statements or representations, express or implied, concerning this Agreement unless set forth in writing and signed by the parties hereto; (e) no modifications of this Agreement shall be binding unless evidenced by a writing signed by the parties hereto, and any attempt at oral modification of this Agreement shall be void and of no effect; (f) this Agreement shall be construed according to its fair meaning and as if prepared by all parties hereto; and (g) the Undersigned understand and acknowledge that this Agreement is a contract and shall be binding to the fullest extent permitted by law. If any part of this Agreement is deemed to be unenforceable, the remaining provisions hereof shall remain in full force and effect , and the unenforceable provision(s) shall be deemed modified to the limited extent required to permit enforcement of the Agreement as a whole. It is the intent of the Undersigned that this Agreement shall be binding upon and inure to the benefit of the Undersigned individually and the assigns, subrogors, subrogee, distributors, heirs, next of kin, executors, administrators, successors, and personal representatives of the Undersigned. Words of the masculine gender shall include the feminine and neuter genders; and when the sentence so indicates, words of the neuter gender shall refer to any gender.  Words of a singular shall include the plural and vice versa. The headings in this Agreement are inserted for reference only and shall not define or limit the provisions hereof. This Agreement may be executed in counterparts, each of which shall be deemed an original but all of which shall constitute one and the same instrument, and this Agreement may also be signed by facsimile or electronic signatures, which shall be fully valid and binding upon the Undersigned.

I HAVE CAREFULLY READ THE FOREGOING ASSUMPTION OF RISK, RELEASE OF LIABILITY & INDEMNITY AGREEMENT AND UNDERSTAND ITS CONTENTS. I AM AWARE THAT I AM RELEASING LEGAL RIGHTS THAT OTHERWISE MAY EXIST.

If I am not present during the delivery or return of my paddleboard, kayak, or packraft, I will be fully responsible for any loss, theft or damage to the same and any damage to any vehicle used to transport them or any other vehicle or property damaged by the rental equipment.

Lake Powell Paddleboards, LLC may take and use photographs/video of me or any minor child or ward with or without my name and may be used for any lawful purpose, including advertising, marketing and web content. 

When engaging in the rental or use of LPP rental equipment, including car racks, I agree to accept all responsibility to maintain the condition and whereabouts of all the equipment rented for the entire rental period and to pay all repair and/or replacement costs for any damage or theft that may occur to equipment, or to my own or others vehicles or property during the rental period. Should I damage any rental equipment, I agree to pay a damage fee not to exceed $300 per paddleboard, $50 per paddle, $650 per packraft and $200 per kayak, which I authorize to be charged to the credit card I paid for this rental with. Should I lose or destroy any rental equipment or allow it to get stolen, I agree to pay a replacement fee of $850 per paddleboard, $500 per kayak, $80 per paddle, $25 per life jacket, and $650 per packraft, which I authorize to be charged to the credit card I paid for this rental with. If I am not present during the delivery or return of my paddleboard, kayak, or packraft, I will be fully responsible for any loss, theft or damage to the same and any damage to any vehicle used to transport them or damaged by the rental equipment. 

I understand and agree that I, and any minor 13 years old or above must wear a Life Jacket (Personal Flotation Device) at all times while on the lake or river. I understand that minors 12 years old or under must be wearing a life jacket at all times while on the lake or river. I understand that leashes should always be worn at all times while paddleboarding. (required)

COVID-19 Risk.

COVID-19 WAIVER OF LIABILITY AND INDEMNIFICATION 

I agree that I am personally responsible for my safety and actions while using, allowing or participating in Lake Powell Paddleboards LLC rental equipment, tours, loading and unloading equipment on and in my vehicle. I agree to comply with all LPP policies and rules, including but not limited to all LPP policies, guidelines, signage, and instructions. Because Lake Powell Paddleboards LLC is open for use by other individuals, I recognize that I am at higher risk of contracting COVID-19.

With full awareness and appreciation of the risks involved, I, for myself and on behalf of a minor Participant, family, spouse, estate, heirs, executors, administrators, assigns, and personal representatives, hereby forever release, waive, discharge, and covenant not to sue Lake Powell Paddleboards, LLC, it’s board members, directors, shareholders, members, officers, owners, servants, independent contractors, representatives, affiliates, employees, insurance carriers, agents, successors, and assigns (collectively the “Released Parties”) from and against any and all liabilities, costs, expenses, damages, claims, lawsuits, judgments, losses, demands, actions, and causes of action whatsoever, directly or indirectly arising out of or related to any loss, damage, or injury, including death, that may be sustained by me or a minor Participant related to COVID-19, whether caused by the negligence of the Released Parties, any third-party using Lake PowellPaddleboards equipment or tours, or otherwise, while participating in any activity while in, on, or around Lake Powell Paddleboards store, Glen Canyon National Recreation Area and/or while using any Lake Powell Paddleboards LLC facilities, tools, equipment, or materials. 

I agree to indemnify, defend, and hold harmless the Released Parties from and against any and all costs, expenses, damages, claims, lawsuits, judgments, losses, demands, actions, causes of action and/or liabilities whatsoever (including attorney’s fees) arising either directly or indirectly from or related to any and all claims made by or against any of the Released Parties due to bodily injury, death, loss of use, monetary loss, or any other injury from or related to my use of Lake Powell Paddleboards facilities, tools, equipment, or materials, whether caused by the negligence of the Released Parties or otherwise specifically related to COVID-19.

By signing below I acknowledge and represent that I have read the foregoing Waiver of Liability and Indemnification, understand it and sign it voluntarily as my own free act and deed, including without limitation the Release of Liability and Indemnification requirements contained in this document; I am sufficiently informed about the risks involved in using Lake Powell Paddleboards equipment to decide whether to sign this document; no oral representations, statements, or inducements, apart from the foregoing written agreement, have been made; I am at least eighteen (18) years of age and fully competent; and I execute this document for full, adequate, and complete consideration fully intending to be bound by the same. I agree that this Wavier of Liability shall be governed by and construed in accordance with Arizona law, and that if any of the provisions hereof are found to be unenforceable, the remaining provisions hereof shall remain in full force and effect, and the unenforceable provision(s) shall be deemed modified to the limited extent required to permit enforcement of the Wavier of Liability as a whole. 

LAKE POWELL PADDLEBOARDS, LLC 

STAND UP PADDLEBOARD, KAYAK AND PACKRAFT WARNING, ASSUMPTION OF RISK, RELEASE OF

LIABILITY & INDEMNITY AGREEMENT

PLEASE READ CAREFULLY BEFORE SIGNING. THIS IS A RELEASE OF LIABILITY & WAIVER OF LEGAL RIGHTS.

1. Definitions. The person who is participating in stand up paddleboarding, packrafting, and/or kayaking shall be referred to hereinafter as “Participant”. The “Undersigned” means only the Participant when the Participant is age 18 or older OR it means both the Participant and the Participant’s parent or legal guardian when the Participant is under the age of 18. “Released Parties” means Lake Powell Paddleboards, LLC, an Arizona limited liability company (“LPP), and any of [its/their] respective successors in interest, affiliated organizations and companies, owners, insurance carriers, agents, employees, representatives, assigns, officers, board members, directors, members, servants, independent contractors and shareholders. The “Activity” means taking part in stand up paddle boarding, packrafting, and/or kayaking. 

2. Risks of Activity. The Undersigned agree and understand that taking part in the Activity can be HAZARDOUS AND INVOLVES THE RISK OF PHYSICAL INJURY AND/OR DEATH. The Undersigned acknowledge that the Activity is inherently dangerous and fully realize the dangers of participating in the Activity. The risks and dangers of the activity include, but are not limited to: changing weather conditions, changing tides, undertows, changing water conditions, cold water immersion, hidden underwater obstacles, trees or other above water obstacles, changing and unpredictable currents, drowning, water borne infections or disease, air borne infections or disease, exposure, swimming, overturning, improper use of equipment, carrying boards and other equipment, entrapment of feet or other body parts under rocks or other objects or with equipment, equipment failure, dehydration, sunburn, not being familiar with the waterway and forecasted water and weather conditions, high surf, high wind, rapids, other watercraft, docks, pilings or any other obstacles, and mental distress from exposure to any one of the above. I understand there could be damage to my vehicle when using the car racks, straps and pads provided, and that damage could occur during loading or unloading kayaks, paddleboards, or other equipment from my vehicle by LPP employees, myself or anyone else.

UNDERSIGNED ACKNOWLEDGE AND UNDERSTAND THAT THE DESCRIPTION OF THE RISKS LISTED ABOVE IS NOT COMPLETE AND THAT PARTICIPATING IN THE ACTIVITY MAY BE DANGEROUS AND MAY INCLUDE OTHER RISKS. 

3. Release, Indemnification, and Assumption of Risk. In consideration of the Participant being permitted to participate in the Activity, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Undersigned agree as follows:

1. Release. THE UNDERSIGNED HEREBY IRREVOCABLY AND UNCONDITIONALLY RELEASE, FOREVER DISCHARGE, AND AGREE NOT TO SUE OR BRING ANY OTHER LEGAL ACTION AGAINST THE RELEASED PARTIES with respect to any and all claims and causes of action of any nature whether currently known or unknown, which the Undersigned, or any of them, have or which could be asserted on behalf of the Undersigned in connection with the Participant’s participation in the Activity, including, but not limited to claims of negligence, product defect, breach of warranty, and/or breach of contract. 
2. Indemnification. The Undersigned hereby agree to indemnify, defend and hold harmless the Released Parties from and against any and all liabilities, costs, expenses, losses or damages of any kind or nature whatsoever and from and against any suits, judgments, claims, actions, and causes of action or demands, including legal fees and expenses whether or not in litigation, directly or indirectly arising out of, or related to, Participant’s participation in the Activity. Such obligation on the part of the Undersigned shall survive the period of the Participant’s participation in the Activity. 
3. Assumption of Risk. The Undersigned agree and understand that there are dangers and risks associated with the participation in the Activity and that INJURIES AND/OR DEATH may result from participating in the Activity, including, but not limited to the acts, omissions, representations, carelessness, and negligence of the Released Parties. By signing this document, the Undersigned recognize that property loss, injury and death are all possible while participating in the Activity, and the Undersigned is sufficiently informed about the risks involved to decide whether to sign this document. RECOGNIZING THE RISKS AND DANGERS, THE UNDERSIGNED UNDERSTAND THE NATURE OF THE ACTIVITY AND VOLUNTARILY CHOOSE FOR PARTICIPANT TO PARTICIPATE IN AND EXPRESSLY ASSUME ALL RISKS AND DANGERS OF THE PARTICPATION IN THE ACTIVITY, WHETHER OR NOT DESCRIBED ABOVE, KNOWN OR UNKNOWN, INHERENT, OR OTHERWISE. By signing this Agreement, the Undersigned acknowledges and represents that they have read the Agreement, understand it and sign it voluntarily as their own free act and deed, including without limitation the Release of Liability, Indemnification, and Assumption of Risk requirements contained in this document 

4. Minor Acknowledgment. In the case of a minor Participant, the Undersigned parent or legal guardian acknowledges that he/she is not only signing this Agreement on his/her behalf, but that he/she is also signing on behalf of the minor, and that the minor shall be bound by all the terms of this Agreement. Additionally, by signing this Agreement as the parent or legal guardian of a minor, the parent or legal guardian understands that he/she is also waiving rights on behalf of the minor that the minor otherwise may have. The Undersigned parent or legal guardian agrees that, but for the foregoing, the minor would not be permitted to participate in the Activity. By signing this Agreement without a parent or legal guardian’s signature, Participant, under penalty of fraud, represents that he/she is at least 18 years of age. If signing as the parent or guardian of a minor Participant, signing adults, under penalty of fraud, represent that they are a legal parent or guardian of the minor Participant.

5. Medical Care. Undersigned authorize the Released Parties and/or their authorized personnel to call for medical care for Participant or to transport Participant to a medical facility or hospital if, in the opinion of such personnel, medical attention is needed. Undersigned agree to pay all costs associated with such medical care and related transportation.

6. Miscellaneous. The Undersigned further agree and understand: (a) Participant will not engage in any activities prohibited by any applicable laws, statutes, regulations and ordinances; (b) this Agreement shall be governed by the laws of the State of Arizona, and the exclusive jurisdiction for any claim shall be the venue of Coconino County or the federal court of the State of Arizona; (c) this Agreement constitutes the entire agreement between the parties hereto and supersedes any and all prior contracts, arrangements, communications, or representations, whether oral or written, between the parties relating to the subject matter hereof; (d) there shall be deemed to be no other terms, conditions, promises, understandings, statements or representations, express or implied, concerning this Agreement unless set forth in writing and signed by the parties hereto; (e) no modifications of this Agreement shall be binding unless evidenced by a writing signed by the parties hereto, and any attempt at oral modification of this Agreement shall be void and of no effect; (f) this Agreement shall be construed according to its fair meaning and as if prepared by all parties hereto; and (g) the Undersigned understand and acknowledge that this Agreement is a contract and shall be binding to the fullest extent permitted by law. If any part of this Agreement is deemed to be unenforceable, the remaining provisions hereof shall remain in full force and effect , and the unenforceable provision(s) shall be deemed modified to the limited extent required to permit enforcement of the Agreement as a whole. It is the intent of the Undersigned that this Agreement shall be binding upon and inure to the benefit of the Undersigned individually and the assigns, subrogors, subrogee, distributors, heirs, next of kin, executors, administrators, successors, and personal representatives of the Undersigned. Words of the masculine gender shall include the feminine and neuter genders; and when the sentence so indicates, words of the neuter gender shall refer to any gender.  Words of a singular shall include the plural and vice versa. The headings in this Agreement are inserted for reference only and shall not define or limit the provisions hereof. This Agreement may be executed in counterparts, each of which shall be deemed an original but all of which shall constitute one and the same instrument, and this Agreement may also be signed by facsimile or electronic signatures, which shall be fully valid and binding upon the Undersigned.

I HAVE CAREFULLY READ THE FOREGOING ASSUMPTION OF RISK, RELEASE OF LIABILITY & INDEMNITY AGREEMENT AND UNDERSTAND ITS CONTENTS. I AM AWARE THAT I AM RELEASING LEGAL RIGHTS THAT OTHERWISE MAY EXIST.

If I am not present during the delivery or return of my paddleboard, kayak, or packraft, I will be fully responsible for any loss, theft or damage to the same and any damage to any vehicle used to transport them or any other vehicle or property damaged by the rental equipment.

Lake Powell Paddleboards, LLC may take and use photographs/video of me or any minor child or ward with or without my name and may be used for any lawful purpose, including advertising, marketing and web content. 

When engaging in the rental or use of LPP rental equipment, including car racks, I agree to accept all responsibility to maintain the condition and whereabouts of all the equipment rented for the entire rental period and to pay all repair and/or replacement costs for any damage or theft that may occur to equipment, or to my own or others vehicles or property during the rental period. Should I damage any rental equipment, I agree to pay a damage fee not to exceed $300 per paddleboard, $50 per paddle, $650 per packraft and $200 per kayak, which I authorize to be charged to the credit card I paid for this rental with. Should I lose or destroy any rental equipment or allow it to get stolen, I agree to pay a replacement fee of $850 per paddleboard, $500 per kayak, $80 per paddle, $25 per life jacket, and $650 per packraft, which I authorize to be charged to the credit card I paid for this rental with. If I am not present during the delivery or return of my paddleboard, kayak, or packraft, I will be fully responsible for any loss, theft or damage to the same and any damage to any vehicle used to transport them or damaged by the rental equipment. 

I understand and agree that I, and any minor 13 years old or above must wear a Life Jacket (Personal Flotation Device) at all times while on the lake or river. I understand that minors 12 years old or under must be wearing a life jacket at all times while on the lake or river. I understand that leashes should always be worn at all times while paddleboarding. (required)

COVID-19 Risk.

COVID-19 WAIVER OF LIABILITY AND INDEMNIFICATION 

I agree that I am personally responsible for my safety and actions while using, allowing or participating in Lake Powell Paddleboards LLC rental equipment, tours, loading and unloading equipment on and in my vehicle. I agree to comply with all LPP policies and rules, including but not limited to all LPP policies, guidelines, signage, and instructions. Because Lake Powell Paddleboards LLC is open for use by other individuals, I recognize that I am at higher risk of contracting COVID-19.

With full awareness and appreciation of the risks involved, I, for myself and on behalf of a minor Participant, family, spouse, estate, heirs, executors, administrators, assigns, and personal representatives, hereby forever release, waive, discharge, and covenant not to sue Lake Powell Paddleboards, LLC, it’s board members, directors, shareholders, members, officers, owners, servants, independent contractors, representatives, affiliates, employees, insurance carriers, agents, successors, and assigns (collectively the “Released Parties”) from and against any and all liabilities, costs, expenses, damages, claims, lawsuits, judgments, losses, demands, actions, and causes of action whatsoever, directly or indirectly arising out of or related to any loss, damage, or injury, including death, that may be sustained by me or a minor Participant related to COVID-19, whether caused by the negligence of the Released Parties, any third-party using Lake PowellPaddleboards equipment or tours, or otherwise, while participating in any activity while in, on, or around Lake Powell Paddleboards store, Glen Canyon National Recreation Area and/or while using any Lake Powell Paddleboards LLC facilities, tools, equipment, or materials. 

I agree to indemnify, defend, and hold harmless the Released Parties from and against any and all costs, expenses, damages, claims, lawsuits, judgments, losses, demands, actions, causes of action and/or liabilities whatsoever (including attorney’s fees) arising either directly or indirectly from or related to any and all claims made by or against any of the Released Parties due to bodily injury, death, loss of use, monetary loss, or any other injury from or related to my use of Lake Powell Paddleboards facilities, tools, equipment, or materials, whether caused by the negligence of the Released Parties or otherwise specifically related to COVID-19.

By signing below I acknowledge and represent that I have read the foregoing Waiver of Liability and Indemnification, understand it and sign it voluntarily as my own free act and deed, including without limitation the Release of Liability and Indemnification requirements contained in this document; I am sufficiently informed about the risks involved in using Lake Powell Paddleboards equipment to decide whether to sign this document; no oral representations, statements, or inducements, apart from the foregoing written agreement, have been made; I am at least eighteen (18) years of age and fully competent; and I execute this document for full, adequate, and complete consideration fully intending to be bound by the same. I agree that this Wavier of Liability shall be governed by and construed in accordance with Arizona law, and that if any of the provisions hereof are found to be unenforceable, the remaining provisions hereof shall remain in full force and effect, and the unenforceable provision(s) shall be deemed modified to the limited extent required to permit enforcement of the Wavier of Liability as a whole. 

LAKE POWELL PADDLEBOARDS, LLC 

STAND UP PADDLEBOARD, KAYAK AND PACKRAFT WARNING, ASSUMPTION OF RISK, RELEASE OF

LIABILITY & INDEMNITY AGREEMENT

PLEASE READ CAREFULLY BEFORE SIGNING. THIS IS A RELEASE OF LIABILITY & WAIVER OF LEGAL RIGHTS.

1. Definitions. The person who is participating in stand up paddleboarding, packrafting, and/or kayaking shall be referred to hereinafter as “Participant”. The “Undersigned” means only the Participant when the Participant is age 18 or older OR it means both the Participant and the Participant’s parent or legal guardian when the Participant is under the age of 18. “Released Parties” means Lake Powell Paddleboards, LLC, an Arizona limited liability company (“LPP), and any of [its/their] respective successors in interest, affiliated organizations and companies, owners, insurance carriers, agents, employees, representatives, assigns, officers, board members, directors, members, servants, independent contractors and shareholders. The “Activity” means taking part in stand up paddle boarding, packrafting, and/or kayaking. 

2. Risks of Activity. The Undersigned agree and understand that taking part in the Activity can be HAZARDOUS AND INVOLVES THE RISK OF PHYSICAL INJURY AND/OR DEATH. The Undersigned acknowledge that the Activity is inherently dangerous and fully realize the dangers of participating in the Activity. The risks and dangers of the activity include, but are not limited to: changing weather conditions, changing tides, undertows, changing water conditions, cold water immersion, hidden underwater obstacles, trees or other above water obstacles, changing and unpredictable currents, drowning, water borne infections or disease, air borne infections or disease, exposure, swimming, overturning, improper use of equipment, carrying boards and other equipment, entrapment of feet or other body parts under rocks or other objects or with equipment, equipment failure, dehydration, sunburn, not being familiar with the waterway and forecasted water and weather conditions, high surf, high wind, rapids, other watercraft, docks, pilings or any other obstacles, and mental distress from exposure to any one of the above. I understand there could be damage to my vehicle when using the car racks, straps and pads provided, and that damage could occur during loading or unloading kayaks, paddleboards, or other equipment from my vehicle by LPP employees, myself or anyone else.

UNDERSIGNED ACKNOWLEDGE AND UNDERSTAND THAT THE DESCRIPTION OF THE RISKS LISTED ABOVE IS NOT COMPLETE AND THAT PARTICIPATING IN THE ACTIVITY MAY BE DANGEROUS AND MAY INCLUDE OTHER RISKS. 

3. Release, Indemnification, and Assumption of Risk. In consideration of the Participant being permitted to participate in the Activity, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Undersigned agree as follows:

1. Release. THE UNDERSIGNED HEREBY IRREVOCABLY AND UNCONDITIONALLY RELEASE, FOREVER DISCHARGE, AND AGREE NOT TO SUE OR BRING ANY OTHER LEGAL ACTION AGAINST THE RELEASED PARTIES with respect to any and all claims and causes of action of any nature whether currently known or unknown, which the Undersigned, or any of them, have or which could be asserted on behalf of the Undersigned in connection with the Participant’s participation in the Activity, including, but not limited to claims of negligence, product defect, breach of warranty, and/or breach of contract. 
2. Indemnification. The Undersigned hereby agree to indemnify, defend and hold harmless the Released Parties from and against any and all liabilities, costs, expenses, losses or damages of any kind or nature whatsoever and from and against any suits, judgments, claims, actions, and causes of action or demands, including legal fees and expenses whether or not in litigation, directly or indirectly arising out of, or related to, Participant’s participation in the Activity. Such obligation on the part of the Undersigned shall survive the period of the Participant’s participation in the Activity. 
3. Assumption of Risk. The Undersigned agree and understand that there are dangers and risks associated with the participation in the Activity and that INJURIES AND/OR DEATH may result from participating in the Activity, including, but not limited to the acts, omissions, representations, carelessness, and negligence of the Released Parties. By signing this document, the Undersigned recognize that property loss, injury and death are all possible while participating in the Activity, and the Undersigned is sufficiently informed about the risks involved to decide whether to sign this document. RECOGNIZING THE RISKS AND DANGERS, THE UNDERSIGNED UNDERSTAND THE NATURE OF THE ACTIVITY AND VOLUNTARILY CHOOSE FOR PARTICIPANT TO PARTICIPATE IN AND EXPRESSLY ASSUME ALL RISKS AND DANGERS OF THE PARTICPATION IN THE ACTIVITY, WHETHER OR NOT DESCRIBED ABOVE, KNOWN OR UNKNOWN, INHERENT, OR OTHERWISE. By signing this Agreement, the Undersigned acknowledges and represents that they have read the Agreement, understand it and sign it voluntarily as their own free act and deed, including without limitation the Release of Liability, Indemnification, and Assumption of Risk requirements contained in this document 

4. Minor Acknowledgment. In the case of a minor Participant, the Undersigned parent or legal guardian acknowledges that he/she is not only signing this Agreement on his/her behalf, but that he/she is also signing on behalf of the minor, and that the minor shall be bound by all the terms of this Agreement. Additionally, by signing this Agreement as the parent or legal guardian of a minor, the parent or legal guardian understands that he/she is also waiving rights on behalf of the minor that the minor otherwise may have. The Undersigned parent or legal guardian agrees that, but for the foregoing, the minor would not be permitted to participate in the Activity. By signing this Agreement without a parent or legal guardian’s signature, Participant, under penalty of fraud, represents that he/she is at least 18 years of age. If signing as the parent or guardian of a minor Participant, signing adults, under penalty of fraud, represent that they are a legal parent or guardian of the minor Participant.

5. Medical Care. Undersigned authorize the Released Parties and/or their authorized personnel to call for medical care for Participant or to transport Participant to a medical facility or hospital if, in the opinion of such personnel, medical attention is needed. Undersigned agree to pay all costs associated with such medical care and related transportation.

6. Miscellaneous. The Undersigned further agree and understand: (a) Participant will not engage in any activities prohibited by any applicable laws, statutes, regulations and ordinances; (b) this Agreement shall be governed by the laws of the State of Arizona, and the exclusive jurisdiction for any claim shall be the venue of Coconino County or the federal court of the State of Arizona; (c) this Agreement constitutes the entire agreement between the parties hereto and supersedes any and all prior contracts, arrangements, communications, or representations, whether oral or written, between the parties relating to the subject matter hereof; (d) there shall be deemed to be no other terms, conditions, promises, understandings, statements or representations, express or implied, concerning this Agreement unless set forth in writing and signed by the parties hereto; (e) no modifications of this Agreement shall be binding unless evidenced by a writing signed by the parties hereto, and any attempt at oral modification of this Agreement shall be void and of no effect; (f) this Agreement shall be construed according to its fair meaning and as if prepared by all parties hereto; and (g) the Undersigned understand and acknowledge that this Agreement is a contract and shall be binding to the fullest extent permitted by law. If any part of this Agreement is deemed to be unenforceable, the remaining provisions hereof shall remain in full force and effect , and the unenforceable provision(s) shall be deemed modified to the limited extent required to permit enforcement of the Agreement as a whole. It is the intent of the Undersigned that this Agreement shall be binding upon and inure to the benefit of the Undersigned individually and the assigns, subrogors, subrogee, distributors, heirs, next of kin, executors, administrators, successors, and personal representatives of the Undersigned. Words of the masculine gender shall include the feminine and neuter genders; and when the sentence so indicates, words of the neuter gender shall refer to any gender.  Words of a singular shall include the plural and vice versa. The headings in this Agreement are inserted for reference only and shall not define or limit the provisions hereof. This Agreement may be executed in counterparts, each of which shall be deemed an original but all of which shall constitute one and the same instrument, and this Agreement may also be signed by facsimile or electronic signatures, which shall be fully valid and binding upon the Undersigned.

I HAVE CAREFULLY READ THE FOREGOING ASSUMPTION OF RISK, RELEASE OF LIABILITY & INDEMNITY AGREEMENT AND UNDERSTAND ITS CONTENTS. I AM AWARE THAT I AM RELEASING LEGAL RIGHTS THAT OTHERWISE MAY EXIST.

If I am not present during the delivery or return of my paddleboard, kayak, or packraft, I will be fully responsible for any loss, theft or damage to the same and any damage to any vehicle used to transport them or any other vehicle or property damaged by the rental equipment.

Lake Powell Paddleboards, LLC may take and use photographs/video of me or any minor child or ward with or without my name and may be used for any lawful purpose, including advertising, marketing and web content. 

When engaging in the rental or use of LPP rental equipment, including car racks, I agree to accept all responsibility to maintain the condition and whereabouts of all the equipment rented for the entire rental period and to pay all repair and/or replacement costs for any damage or theft that may occur to equipment, or to my own or others vehicles or property during the rental period. Should I damage any rental equipment, I agree to pay a damage fee not to exceed $300 per paddleboard, $50 per paddle, $650 per packraft and $200 per kayak, which I authorize to be charged to the credit card I paid for this rental with. Should I lose or destroy any rental equipment or allow it to get stolen, I agree to pay a replacement fee of $850 per paddleboard, $500 per kayak, $80 per paddle, $25 per life jacket, and $650 per packraft, which I authorize to be charged to the credit card I paid for this rental with. If I am not present during the delivery or return of my paddleboard, kayak, or packraft, I will be fully responsible for any loss, theft or damage to the same and any damage to any vehicle used to transport them or damaged by the rental equipment. 

I understand and agree that I, and any minor 13 years old or above must wear a Life Jacket (Personal Flotation Device) at all times while on the lake or river. I understand that minors 12 years old or under must be wearing a life jacket at all times while on the lake or river. I understand that leashes should always be worn at all times while paddleboarding. (required)

COVID-19 Risk.

COVID-19 WAIVER OF LIABILITY AND INDEMNIFICATION 

I agree that I am personally responsible for my safety and actions while using, allowing or participating in Lake Powell Paddleboards LLC rental equipment, tours, loading and unloading equipment on and in my vehicle. I agree to comply with all LPP policies and rules, including but not limited to all LPP policies, guidelines, signage, and instructions. Because Lake Powell Paddleboards LLC is open for use by other individuals, I recognize that I am at higher risk of contracting COVID-19.

With full awareness and appreciation of the risks involved, I, for myself and on behalf of a minor Participant, family, spouse, estate, heirs, executors, administrators, assigns, and personal representatives, hereby forever release, waive, discharge, and covenant not to sue Lake Powell Paddleboards, LLC, it’s board members, directors, shareholders, members, officers, owners, servants, independent contractors, representatives, affiliates, employees, insurance carriers, agents, successors, and assigns (collectively the “Released Parties”) from and against any and all liabilities, costs, expenses, damages, claims, lawsuits, judgments, losses, demands, actions, and causes of action whatsoever, directly or indirectly arising out of or related to any loss, damage, or injury, including death, that may be sustained by me or a minor Participant related to COVID-19, whether caused by the negligence of the Released Parties, any third-party using Lake PowellPaddleboards equipment or tours, or otherwise, while participating in any activity while in, on, or around Lake Powell Paddleboards store, Glen Canyon National Recreation Area and/or while using any Lake Powell Paddleboards LLC facilities, tools, equipment, or materials. 

I agree to indemnify, defend, and hold harmless the Released Parties from and against any and all costs, expenses, damages, claims, lawsuits, judgments, losses, demands, actions, causes of action and/or liabilities whatsoever (including attorney’s fees) arising either directly or indirectly from or related to any and all claims made by or against any of the Released Parties due to bodily injury, death, loss of use, monetary loss, or any other injury from or related to my use of Lake Powell Paddleboards facilities, tools, equipment, or materials, whether caused by the negligence of the Released Parties or otherwise specifically related to COVID-19.

By signing below I acknowledge and represent that I have read the foregoing Waiver of Liability and Indemnification, understand it and sign it voluntarily as my own free act and deed, including without limitation the Release of Liability and Indemnification requirements contained in this document; I am sufficiently informed about the risks involved in using Lake Powell Paddleboards equipment to decide whether to sign this document; no oral representations, statements, or inducements, apart from the foregoing written agreement, have been made; I am at least eighteen (18) years of age and fully competent; and I execute this document for full, adequate, and complete consideration fully intending to be bound by the same. I agree that this Wavier of Liability shall be governed by and construed in accordance with Arizona law, and that if any of the provisions hereof are found to be unenforceable, the remaining provisions hereof shall remain in full force and effect, and the unenforceable provision(s) shall be deemed modified to the limited extent required to permit enforcement of the Wavier of Liability as a whole. 

LAKE POWELL PADDLEBOARDS, LLC 

STAND UP PADDLEBOARD, KAYAK AND PACKRAFT WARNING, ASSUMPTION OF RISK, RELEASE OF

LIABILITY & INDEMNITY AGREEMENT

PLEASE READ CAREFULLY BEFORE SIGNING. THIS IS A RELEASE OF LIABILITY & WAIVER OF LEGAL RIGHTS.

1. Definitions. The person who is participating in stand up paddleboarding, packrafting, and/or kayaking shall be referred to hereinafter as “Participant”. The “Undersigned” means only the Participant when the Participant is age 18 or older OR it means both the Participant and the Participant’s parent or legal guardian when the Participant is under the age of 18. “Released Parties” means Lake Powell Paddleboards, LLC, an Arizona limited liability company (“LPP), and any of [its/their] respective successors in interest, affiliated organizations and companies, owners, insurance carriers, agents, employees, representatives, assigns, officers, board members, directors, members, servants, independent contractors and shareholders. The “Activity” means taking part in stand up paddle boarding, packrafting, and/or kayaking. 

2. Risks of Activity. The Undersigned agree and understand that taking part in the Activity can be HAZARDOUS AND INVOLVES THE RISK OF PHYSICAL INJURY AND/OR DEATH. The Undersigned acknowledge that the Activity is inherently dangerous and fully realize the dangers of participating in the Activity. The risks and dangers of the activity include, but are not limited to: changing weather conditions, changing tides, undertows, changing water conditions, cold water immersion, hidden underwater obstacles, trees or other above water obstacles, changing and unpredictable currents, drowning, water borne infections or disease, air borne infections or disease, exposure, swimming, overturning, improper use of equipment, carrying boards and other equipment, entrapment of feet or other body parts under rocks or other objects or with equipment, equipment failure, dehydration, sunburn, not being familiar with the waterway and forecasted water and weather conditions, high surf, high wind, rapids, other watercraft, docks, pilings or any other obstacles, and mental distress from exposure to any one of the above. I understand there could be damage to my vehicle when using the car racks, straps and pads provided, and that damage could occur during loading or unloading kayaks, paddleboards, or other equipment from my vehicle by LPP employees, myself or anyone else.

UNDERSIGNED ACKNOWLEDGE AND UNDERSTAND THAT THE DESCRIPTION OF THE RISKS LISTED ABOVE IS NOT COMPLETE AND THAT PARTICIPATING IN THE ACTIVITY MAY BE DANGEROUS AND MAY INCLUDE OTHER RISKS. 

3. Release, Indemnification, and Assumption of Risk. In consideration of the Participant being permitted to participate in the Activity, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Undersigned agree as follows:

1. Release. THE UNDERSIGNED HEREBY IRREVOCABLY AND UNCONDITIONALLY RELEASE, FOREVER DISCHARGE, AND AGREE NOT TO SUE OR BRING ANY OTHER LEGAL ACTION AGAINST THE RELEASED PARTIES with respect to any and all claims and causes of action of any nature whether currently known or unknown, which the Undersigned, or any of them, have or which could be asserted on behalf of the Undersigned in connection with the Participant’s participation in the Activity, including, but not limited to claims of negligence, product defect, breach of warranty, and/or breach of contract. 
2. Indemnification. The Undersigned hereby agree to indemnify, defend and hold harmless the Released Parties from and against any and all liabilities, costs, expenses, losses or damages of any kind or nature whatsoever and from and against any suits, judgments, claims, actions, and causes of action or demands, including legal fees and expenses whether or not in litigation, directly or indirectly arising out of, or related to, Participant’s participation in the Activity. Such obligation on the part of the Undersigned shall survive the period of the Participant’s participation in the Activity. 
3. Assumption of Risk. The Undersigned agree and understand that there are dangers and risks associated with the participation in the Activity and that INJURIES AND/OR DEATH may result from participating in the Activity, including, but not limited to the acts, omissions, representations, carelessness, and negligence of the Released Parties. By signing this document, the Undersigned recognize that property loss, injury and death are all possible while participating in the Activity, and the Undersigned is sufficiently informed about the risks involved to decide whether to sign this document. RECOGNIZING THE RISKS AND DANGERS, THE UNDERSIGNED UNDERSTAND THE NATURE OF THE ACTIVITY AND VOLUNTARILY CHOOSE FOR PARTICIPANT TO PARTICIPATE IN AND EXPRESSLY ASSUME ALL RISKS AND DANGERS OF THE PARTICPATION IN THE ACTIVITY, WHETHER OR NOT DESCRIBED ABOVE, KNOWN OR UNKNOWN, INHERENT, OR OTHERWISE. By signing this Agreement, the Undersigned acknowledges and represents that they have read the Agreement, understand it and sign it voluntarily as their own free act and deed, including without limitation the Release of Liability, Indemnification, and Assumption of Risk requirements contained in this document 

4. Minor Acknowledgment. In the case of a minor Participant, the Undersigned parent or legal guardian acknowledges that he/she is not only signing this Agreement on his/her behalf, but that he/she is also signing on behalf of the minor, and that the minor shall be bound by all the terms of this Agreement. Additionally, by signing this Agreement as the parent or legal guardian of a minor, the parent or legal guardian understands that he/she is also waiving rights on behalf of the minor that the minor otherwise may have. The Undersigned parent or legal guardian agrees that, but for the foregoing, the minor would not be permitted to participate in the Activity. By signing this Agreement without a parent or legal guardian’s signature, Participant, under penalty of fraud, represents that he/she is at least 18 years of age. If signing as the parent or guardian of a minor Participant, signing adults, under penalty of fraud, represent that they are a legal parent or guardian of the minor Participant.

5. Medical Care. Undersigned authorize the Released Parties and/or their authorized personnel to call for medical care for Participant or to transport Participant to a medical facility or hospital if, in the opinion of such personnel, medical attention is needed. Undersigned agree to pay all costs associated with such medical care and related transportation.

6. Miscellaneous. The Undersigned further agree and understand: (a) Participant will not engage in any activities prohibited by any applicable laws, statutes, regulations and ordinances; (b) this Agreement shall be governed by the laws of the State of Arizona, and the exclusive jurisdiction for any claim shall be the venue of Coconino County or the federal court of the State of Arizona; (c) this Agreement constitutes the entire agreement between the parties hereto and supersedes any and all prior contracts, arrangements, communications, or representations, whether oral or written, between the parties relating to the subject matter hereof; (d) there shall be deemed to be no other terms, conditions, promises, understandings, statements or representations, express or implied, concerning this Agreement unless set forth in writing and signed by the parties hereto; (e) no modifications of this Agreement shall be binding unless evidenced by a writing signed by the parties hereto, and any attempt at oral modification of this Agreement shall be void and of no effect; (f) this Agreement shall be construed according to its fair meaning and as if prepared by all parties hereto; and (g) the Undersigned understand and acknowledge that this Agreement is a contract and shall be binding to the fullest extent permitted by law. If any part of this Agreement is deemed to be unenforceable, the remaining provisions hereof shall remain in full force and effect , and the unenforceable provision(s) shall be deemed modified to the limited extent required to permit enforcement of the Agreement as a whole. It is the intent of the Undersigned that this Agreement shall be binding upon and inure to the benefit of the Undersigned individually and the assigns, subrogors, subrogee, distributors, heirs, next of kin, executors, administrators, successors, and personal representatives of the Undersigned. Words of the masculine gender shall include the feminine and neuter genders; and when the sentence so indicates, words of the neuter gender shall refer to any gender.  Words of a singular shall include the plural and vice versa. The headings in this Agreement are inserted for reference only and shall not define or limit the provisions hereof. This Agreement may be executed in counterparts, each of which shall be deemed an original but all of which shall constitute one and the same instrument, and this Agreement may also be signed by facsimile or electronic signatures, which shall be fully valid and binding upon the Undersigned.

I HAVE CAREFULLY READ THE FOREGOING ASSUMPTION OF RISK, RELEASE OF LIABILITY & INDEMNITY AGREEMENT AND UNDERSTAND ITS CONTENTS. I AM AWARE THAT I AM RELEASING LEGAL RIGHTS THAT OTHERWISE MAY EXIST.

If I am not present during the delivery or return of my paddleboard, kayak, or packraft, I will be fully responsible for any loss, theft or damage to the same and any damage to any vehicle used to transport them or any other vehicle or property damaged by the rental equipment.

Lake Powell Paddleboards, LLC may take and use photographs/video of me or any minor child or ward with or without my name and may be used for any lawful purpose, including advertising, marketing and web content. 

When engaging in the rental or use of LPP rental equipment, including car racks, I agree to accept all responsibility to maintain the condition and whereabouts of all the equipment rented for the entire rental period and to pay all repair and/or replacement costs for any damage or theft that may occur to equipment, or to my own or others vehicles or property during the rental period. Should I damage any rental equipment, I agree to pay a damage fee not to exceed $300 per paddleboard, $50 per paddle, $650 per packraft and $200 per kayak, which I authorize to be charged to the credit card I paid for this rental with. Should I lose or destroy any rental equipment or allow it to get stolen, I agree to pay a replacement fee of $850 per paddleboard, $500 per kayak, $80 per paddle, $25 per life jacket, and $650 per packraft, which I authorize to be charged to the credit card I paid for this rental with. If I am not present during the delivery or return of my paddleboard, kayak, or packraft, I will be fully responsible for any loss, theft or damage to the same and any damage to any vehicle used to transport them or damaged by the rental equipment. 

I understand and agree that I, and any minor 13 years old or above must wear a Life Jacket (Personal Flotation Device) at all times while on the lake or river. I understand that minors 12 years old or under must be wearing a life jacket at all times while on the lake or river. I understand that leashes should always be worn at all times while paddleboarding. (required)

COVID-19 Risk.

COVID-19 WAIVER OF LIABILITY AND INDEMNIFICATION 

I agree that I am personally responsible for my safety and actions while using, allowing or participating in Lake Powell Paddleboards LLC rental equipment, tours, loading and unloading equipment on and in my vehicle. I agree to comply with all LPP policies and rules, including but not limited to all LPP policies, guidelines, signage, and instructions. Because Lake Powell Paddleboards LLC is open for use by other individuals, I recognize that I am at higher risk of contracting COVID-19.

With full awareness and appreciation of the risks involved, I, for myself and on behalf of a minor Participant, family, spouse, estate, heirs, executors, administrators, assigns, and personal representatives, hereby forever release, waive, discharge, and covenant not to sue Lake Powell Paddleboards, LLC, it’s board members, directors, shareholders, members, officers, owners, servants, independent contractors, representatives, affiliates, employees, insurance carriers, agents, successors, and assigns (collectively the “Released Parties”) from and against any and all liabilities, costs, expenses, damages, claims, lawsuits, judgments, losses, demands, actions, and causes of action whatsoever, directly or indirectly arising out of or related to any loss, damage, or injury, including death, that may be sustained by me or a minor Participant related to COVID-19, whether caused by the negligence of the Released Parties, any third-party using Lake Powell Paddle boards equipment or tours, or otherwise, while participating in any activity while in, on, or around Lake Powell Paddleboards store, Glen Canyon National Recreation Area and/or while using any Lake Powell Paddleboards LLC facilities, tools, equipment, or materials. 

I agree to indemnify, defend, and hold harmless the Released Parties from and against any and all costs, expenses, damages, claims, lawsuits, judgments, losses, demands, actions, causes of action and/or liabilities whatsoever (including attorney’s fees) arising either directly or indirectly from or related to any and all claims made by or against any of the Released Parties due to bodily injury, death, loss of use, monetary loss, or any other injury from or related to my use of Lake Powell Paddleboards facilities, tools, equipment, or materials, whether caused by the negligence of the Released Parties or otherwise specifically related to COVID-19.

By signing below I acknowledge and represent that I have read the foregoing Waiver of Liability and Indemnification, understand it and sign it voluntarily as my own free act and deed, including without limitation the Release of Liability and Indemnification requirements contained in this document; I am sufficiently informed about the risks involved in using Lake Powell Paddleboards equipment to decide whether to sign this document; no oral representations, statements, or inducements, apart from the foregoing written agreement, have been made; I am at least eighteen (18) years of age and fully competent; and I execute this document for full, adequate, and complete consideration fully intending to be bound by the same. I agree that this Wavier of Liability shall be governed by and construed in accordance with Arizona law, and that if any of the provisions hereof are found to be unenforceable, the remaining provisions hereof shall remain in full force and effect, and the unenforceable provision(s) shall be deemed modified to the limited extent required to permit enforcement of the Wavier of Liability as a whole. 

In the case of a minor Participant, the Undersigned parent or legal guardian acknowledges that he/she is not only signing this Agreement on his/her behalf, but that he/she is also signing on behalf of the minor and that the minor shall be bound by all the terms of this Agreement. Additionally, by signing this Agreement as the parent or legal guardian of a minor, the parent or legal guardian understands that he/she is also waiving rights on behalf of the minor that the minor otherwise may have. The Undersigned parent or legal guardian agrees that, but for the foregoing, the minor would not be permitted to participate in the Activity. By signing this Agreement without a parent or legal guardian’s signature, Participant, under penalty of fraud, represents that he/she is at least 18 years of age. If signing as the parent or guardian of a minor Participant, signing adults represent that they are a legal parent or guardian of the minor Participant.