Lakeshore Adventures Inc
Participant Agreement including Assumption of Risks and Agreement of Release and Indemnification
This form must be read, understood, and signed by each Participant. This form must also be signed by a parent or legal guardian (referred to as Parent) for the minor Participant (a person under the age of 18). No applicant may participate in a Kayak Tour unless these signatures are provided. If parent is also a participant, the parent signs for himself or herself. The parties to this agreement are Lakeshore Adventures Inc doing business as Lakeshore Adventures Inc (Provider) and the persons signing below (Participant).
Description of Kayak Tours: The Lakeshore Adventures activities provide opportunities for adventure recreation and environmental education. The Kayaking Tour includes kayaking open water, negotiating unexpected weather changes, navigating rocky shorelines, entering and exiting an unstable floating kayak, paddling, steering and other related activities. Kayaks are individual or tandem configuration and will require balance, endurance and good health to operate safely. Participants may be challenged with the difficulties of winds and waves. Tour groups will generally be limited to 24 participants accompanied by two guides. The tours will be led by a guide trained to lead participants towards their desired recreational and educational outcomes. All equipment will be fitted and checked by the staff, progress throughout the tour will be closely monitored and all equipment transfers will be performed by the guides. Participants must be reasonably fit and able to complete the paddle orientation training before entering the water.
Medical Concerns: Lakeshore Adventures Kayak Tours are designed for use by participants of average mobility and strength who are in reasonably good health. Obesity, high blood pressure, cardiac and coronary artery disease, pulmonary problems, arthritis, tendonitis, or other joint and muscular-skeletal problems may impair the safety and well being of participants on the course; as might other medical, physical, psychological and psychiatric problems. All such conditions may increase the inherent risks of the experience and cause the Participant to be a danger to themselves or others. Participants with underlying medical problems that put them at greater risk of injury or illness during a Kayak Tour must carefully consider those risks before choosing to participate, and must fully inform the tour staff, in writing, prior to the beginning of the tour. Provider reserves the right to exclude any applicant from participation, for medical, safety, or any other reasons.
Inherent and Other Risks: Serious injuries are uncommon in Kayak Tours but the risk of injury or death certainly exists, by reason of drowning, hypothermia, boating accidents, contact with other participants and fixed objects, and or moving about or being transported on the grounds on which the activities are initiated and conducted. A number of risks are inherent to the activities. These are risks that cannot be eliminated without changing the essential nature and educational value of the experience. The emotional risks range from unwelcome or inadvertent touching, simple hurt feelings to panic and psychological trauma (such as fear of deep water). The physical risks range from small scrapes and bruises to bites and stings, broken bones, sprains, neurological damage, and in extraordinary cases, even death. The properties on which the tours are located include hilly, rocky, sandy and wooded terrain, ravines and animals which may bite or sting. Injuries may be a natural consequence of the activities undertaken, as a result of the environmental hazards (including terrain and weather), a result of errors in judgment or other negligence of staff or participants, or otherwise: and may occur in spite of the reasonable efforts of staff to prevent them. In all cases, these inherent risks, and other risks which may not be inherent, whether or not described above must be accepted by those who choose to participate.
Lakeshore Adventures Inc
8113 Hwy 57, Baileys Harbor, WI 54202
Ph: (920) 839-2055
LA Zipline, LLC
Participant Agreement including Assumption of Risks and Agreement of Release and Indemnification
This form must be read, understood, and signed by each Participant. This form must also be signed by a parent or legal guardian (referred to as Parent) for the minor Participant (a person under the age of 18). No applicant may participate in a Zipline Canopy Tour and/or Dual Racing Zipline unless these signatures are provided. If parent is also a participant, the parent signs for himself or herself. The parties to this agreement are LA Zipline LLC, and Lakeshore Adventures Inc doing business as Lakeshore Adventures Inc (Provider) and the persons signing below (Participant).
Description of Zipline Canopy Tour Activities: The LA Zipline activities provide opportunities for adventure recreation and environmental education. The Zipline Canopy Tour includes Ziplines, Elevated Platforms, Towers with Stairways, Hiking Trails, and other related activities. Ziplines are high cable traverses using safety harnesses and associated hardware. Riders zip through the upper forest canopy and are challenged with the difficulties of stepping off a high platform, confronting a fear of heights, and the risks associated with these and other new challenges. Participants wear safety harnesses clipped onto overhead steel cables with attached safety lanyards. Tour groups will generally be limited to 10 participants accompanied by two guides. The tours will be led by a guide trained to lead participants towards their desired recreational and educational outcomes. All equipment will be fitted and checked by the staff, progress throughout the tour will be closely monitored and all equipment transfers will be performed by the guides. Participants must be reasonably fit and able to complete the ground school training before entering the zipline course.
Medical Concerns: The Zipline Canopy Tour is designed for use by participants of average mobility and strength who are in reasonably good health. Obesity, high blood pressure, cardiac and coronary artery disease, pulmonary problems, arthritis, tendonitis, or other joint and muscular-skeletal problems may impair the safety and well being of participants on the course; as might other medical, physical, psychological and psychiatric problems. All such conditions may increase the inherent risks of the experience and cause the Participant to be a danger to themselves or others. Participants with underlying medical problems that put them at greater risk of injury or illness during a Zipline Canopy Tour must carefully consider those risks before choosing to participate, and must fully inform the tour staff, in writing, prior to the beginning of the tour. Provider reserves the right to exclude any applicant from participation, for medical, safety, or any other reasons.
Inherent and Other Risks: Serious injuries are uncommon in Zipline Canopy Tours, but the risk of injury or death certainly exists, by reason of falls, contact with other participants and fixed objects, moving about or being transported on the grounds on which the activities are initiated and conducted. A number of risks are inherent to the activities. These are risks that cannot be eliminated without changing the essential nature and educational value of the experience. The emotional risks range from unwelcome or inadvertent touching, simple hurt feelings to panic and psychological trauma (such as fear of heights). The physical risks range from small scrapes and bruises to bites and stings, broken bones, sprains, neurological damage, and in extraordinary cases, even death. The property on which the tour and team building is located includes hilly, rocky, and wooded terrain, ravines and animals which may bite or sting. Injuries may be a natural consequence of the activities undertaken, as a result of the environmental hazards (including terrain and weather), a result of errors in judgment or other negligence of staff or participants, or otherwise: and may occur in spite of the reasonable efforts of staff to prevent them. In all cases, these inherent risks, and other risks which may not be inherent, whether or not described above must be accepted by those who choose to participate.
LA Zipline, LLC
8113 Hwy 57, Baileys Harbor, WI 54202
Ph: (920) 839-2055
Rules, Regulations and Waiver of Liability Agreement
Lakeshore Adventures Kayak and Stand Up Paddleboard (SUP) Rentals and Tours
My signature below confirms that I understand and agree to comply with the following rules and regulations for kayak and SUP rentals and tours as stated below. I also understand that this activity may involve some risks and that I am liable for loss or damage to the equipment and for the personal safety of the occupants. I therefore agree that I am assuming all risks in connection with my participation in renting kayaks and or SUP’s and on any tours at Lakeshore Adventures Inc 8113 Hwy 57 Baileys Harbor, WI 54202.
In consideration of Lakeshore Adventures Water Sports which I have contracted for with Provider, I, the undersigned Participant(s) and the Parent or Legal Guardian of a minor participating (for himself or herself and on behalf of the minor participant), agree as follows:
1. Kayak and SUP rentals and tours are at your own risk. Lakeshore Adventures and staff are not responsible for personal injury or loss of property. Participation in kayaking and SUP activities may be dangerous.
2. Person renting a kayak and or SUP must be 18 years or older. At least one person in tandem must be 18 years of age unless authorized by a parent or guardian.
3. All occupants must wear a personal flotation device (PFD) at all times.
4. Maximum capacity for kayaks and or SUP is one (1) or two (2) depending on size of kayak or SUP and maximum weight limit of 325 pounds.
5. Alcoholic beverages and pets are prohibited.
6. Intentional capsizing or swamping is prohibited. If your boat capsizes or swamps, it will continue to float. Hold on to the boat as you make your way to shore.
7. Do not stay on the water in the event of thunder or lightning. If the weather is inclement, as agreed upon with Lakeshore Adventures staff, the reservation will be refunded.
8. All rentals must be used in daylight hours and must stay within the map area given prior to departure.
9. Upon returning equipment to the launch area, place on beach in the same location as you found it. Return the life jacket(s) and paddle(s) to the rental location to receive a deposit.
10. All trash is to be removed by occupant or a $20 clean-up fee will be charged.
11. All kayaks, SUP’s and equipment must be returned at agreed time. Additional charges of $25.00 per hour will begin 15 minutes after agreed upon check-in time.
12. A $100 security deposit will be charged to your account prior to departure and refunded after successful check-in inspection upon return. If damage is found, security deposit will be used as immediate payment toward damages. Should the damage caused during the rental period exceed the security deposit, the customer is responsible for immediate full payment of damages claimed by Lakeshore Adventures Inc. The cost of damages will be determined at the sole discretion of Lakeshore Adventures Inc. and payment is due and payable immediately by the customer.
13. No refunds for early returns.
As a condition of my participation, I further agree, represent and warrant to Lakeshore Adventures that:
- I have sufficient physical strength, endurance and experience to enable me to participate.
- I do not have any health problems or medical conditions that might preclude my participation.
- I will follow instructions given to me by any persons conducting the activity, including wearing a PFD.
- I also know that the activity could be dangerous and I will take appropriate precautions to minimize the possibility of injury to others and myself.
I understand that Lakeshore Adventures is relying on these statements in allowing me to participate in the activity. I also understand that by signing below, I am releasing Lakeshore Adventures and their respective employees from any liability for personal injury or property damage if I, or anyone under my control, is injured or property is damaged, whether before, during, or after participating in the activity, which means, I am agreeing not to sue them if anything happens to me or my property. By signing below, I am also agreeing to indemnify and hold them harmless from and against any claim, damage, loss, cost, expense, or other liability (including, without limitation their attorney’s fees and costs of defense) in the event a claim is made against one or more of them as a result on my participation of the activity.
Lakeshore Adventures of Door County Inc.
PWC/Boat Rental and Liability Waiver
Lakeshore Adventures of Door County Inc. agrees to rent the following boat (the “Boat”) to Renter, upon the condition that Renter agrees to all terms and conditions set forth below, including the release of claims, and evidences that agreement with his/her signature in the space provided. Boat Type: Motor Boat
READ CAREFULLY PRIOR TO SIGNING. THIS IS A LEGALLY VALID AND BINDING OBLIGATION TO RELEASE LAKESHORE ADVENTURES OF DOOR COUNTY INC. FROM ALL KNOWN AND UNKNOWN LIABILITIES AND TO INDEMNIFY LAKESHORE ADVENTURES AGAINST CLAIMS BROUGHT AGAINST IT BASED UPON YOUR USE OF THE BOAT. THIS INSTRUMENT AFFECTS IMPORTANT LEGAL RIGHTS.
Release and Waiver of Claims.
For valuable consideration, the receipt and sufficiency of which are hereby acknowledged Renter does hereby remise, release, and forever discharge Lakeshore Adventures Inc., its agents, servants, successors, heirs, executors, administrators and personal representatives, of and from all, and all manner of, actions, causes of action, suits, proceedings, debts, dues, contracts, judgments, damages, claims, and demands whatsoever in law or equity, which Renter ever had, now has, or which Renter’s heirs, executors, administrators or personal representatives hereafter can, shall, or may have for or by reason of any matter, cause, or thing whatsoever arising out of this Agreement; out of the use (misuse, or abuse) of the Boat; or in any way arising out of the rental relationship between Renter and the Lakeshore Adventures Inc.
Indemnification
For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Renter hereby expressly agrees to indemnify and hold harmless Lakeshore Adventures Inc., it’s servants, successors, heirs, executors, administrators and personal representatives against all suits, actions, claims, demands, or damages that arise out of Renter’s use, misuse or abuse of the Boat.
Lakeshore Adventures of Door County Inc., 8113 Hwy 57, Baileys Harbor, WI 54202, 920-493-3474
Terms and Conditions
- Assumption of Risk. Renter acknowledges that the activities for which the Boat is designed include inherent dangers, including the risk of bodily injury and/or death. Renter assumes and accepts all risks associated with the use of the Boat.
- Acceptable Use. Renter agrees and acknowledges he/she will be sole operator of Boat, and will use Boat in a careful, safe and conscientious manner. Renter shall at all times observe and adhere to any rules and guidelines posted by Lakeshore Adventures Inc., and any applicable laws or regulations of the state of Wisconsin. Renter shall be responsible at all times for the safety of any and all passengers in and around the Boat.
- Prohibited Activities. Renter shall not violate any of the following rules and regulations during his/her operation of the Boat: There is no smoking while in the Boat. There are no alcoholic beverages or drugs permitted in the Boat. Company reserves the right to inspect any coolers, bags or other containers belonging to the Renter or any of Renter’s passengers. No pets permitted in Boat
- Life Jacket Requirement. A life jacket must be worn at all times by all people during use of the Boat.
- Unsafe Use. If at any time Lakeshore Adventures Inc determines that Renter has engaged in an unsafe or hazardous use of the Boat, Lakeshore Adventures Inc may notify Renter that it is immediately terminating rental agreement. Upon termination, Renter must return boat to Lakeshore Adventures Inc immediately. If rental is terminated for unsafe or hazardous use, Renter will not be refunded rental fee. Lakeshore Adventures Inc shall determine, in its sole discretion, whether any behavior or activity is “unsafe or hazardous.”
- The Damage Deposit: A damage deposit of $500.00 will be collected for each watercraft rented. Upon both dropping off/delivery and return, a Lakeshore Adventures representative will inspect watercraft for damage. The deposit will be applied toward cost of repairs of any and all damages suffered to watercraft. If cost of damages exceeds damage deposit, User agrees he/she is fully responsible for remainder of costs incurred to repair or replace watercraft to same condition as the time rental agreement was started. Furthermore, User understands and agrees that he/she who is known to Lakeshore Adventures as the User, is the only person allowed to use the watercraft for entire rental period. User also understands that he/she is responsible for the retrieval and/or replacement of the watercraft, life jacket, or any safety items, if these items are in any way lost, stolen or misplaced during the rental period. Should any damages exceed the $500.00 damage deposit, Lakeshore Adventures will provide an itemized repair bill, including lost rental time (lost rental time begins with the date of the itemized repair bill, and stops when the watercraft is once again available for rental). The itemized repair bill, including lost rental time, and reasonable attorney’s fees must be paid in full upon User’s presentation of the bill. The security deposit shall not bear interest. User shall be responsible for damages at and beyond the $500 damage deposit.
- Condition of Boat upon Return. The Renter shall return the Boat to Lakeshore Adventures Inc on or before the termination date and at the specified location clean and free of garbage and debris, in the same condition in which the boat was rented, including all parts, accessories, rigging, trailer and condition of fiberglass, with ordinary wear and tear being acceptable.
- Late Return. If a machine is returned after agreed return time a Fee of $50.00 for each half hour will apply. If watercraft is returned 1 (one) hour or more late, each additional hour will incur a Late Fee of $100.
Renter has read and understands all terms, conditions and rules set forth above, and agrees to all terms without reservation.
Boat Rental Rules and Regulations:
*Note new law: Boat and Jet Ski drivers born on or after January 1, 1989 must complete a boating safety course that is accepted by the Wisconsin DNR. We recommend you complete the Safety Course Online at: http://www.boaterexam.com/usa/wisconsin/default.aspx
- All watercraft rentals include life vests.
- If you are 12 yrs old or younger, you must wear the life vest at all times per Wis. State Law.
- All rentals must be used in daylight hours and must stay within map area given prior to departure.
- Please arrive 15 minutes prior to your scheduled departure to complete paperwork and receive safety orientation.
- New Wisconsin law: If you are born after Jan 1, 1989 and you are a Wisconsin resident, you must possess a Boating Safety ID Card to operate any watercraft on the lake. Go to Wisconsin DNR site for details; http://dnr.wi.gov/org/es/enforcement/docs/boatingregs.pdf
- *Security Deposit - $500 Security deposit will be charged to your account prior to departure and refunded after successful check-in inspection upon return. The watercraft will be thoroughly inspected before departure and upon return. If damage is found, your security deposit will be used as immediate payment toward those damages. Should the damage caused during the customer’s rental period exceed the security deposit, the customer is responsible for immediate full payment of the damages claimed by Lakeshore Adventures Inc. The cost of damages will be determined at the sole discretion of Lakeshore Adventures Inc. and payment is due and payable immediately by the customer. Any machine reported or observed operating in an unsafe manner, will result in forfeiture of security deposit. Multiple day rentals require $500 damage deposit.
- If the weather is inclement, as agreed upon with Boat rental Staff, the reservation will be cancelled.
- You must be eighteen to sign a rental contract. If you are between sixteen and eighteen with a valid driver’s license, your parent or guardian must sign the contract.
- All watercraft are full of gas when you leave and will be refueled upon return. You will be charged for the gas that you use. Rental prices quoted do not include sales tax or gas.
- Prices subject to change without notice. Overlapping discounts do not apply.
- Advance reservations will not be made for less than 1 day..
- No refunds for early returns.
- All boats are to be returned and trash collected and removed by the rental customer or a $20 clean-up fee will be charged.
Lakeshore Adventures of Door County Inc.
Paradise Pad Rental and Liability Waiver
Terms and Conditions
____ Always consider the height and weight of the users of the Paradise Pad, including the activities performed, when selecting a safe location.
____ NEVER TOW the Paradise Pad behind any boat or personal watercraft.
____ Precautions should always be taken to eliminate activities that could possibly result in users to become entangled in the lines or tethers.
____ It is required that all users wear approved U.S. Coast Guard Personal Flotation Device (PFD) life vest before entering the water.
____ Children should be under adult supervision at all times.
____ Never enter the water or play on the Paradise Pad alone.
____ Please do not use or attempt to swim to your Paradise Pad while under the influence of alcohol or drugs, or are tired/fatigued.
____ Never dive off the Paradise Pad head first in shallow water. We recommend entering the water feet first when getting off.
____ Do not attempt flips or any other acrobatic maneuvers without prior knowledge of proper technique. Such actions may cause serious risk of injury to oneself or others in area.
____ Never swim under the Paradise Pad.
____ Do not jump from other objects onto the Paradise Pad.
____ Use only during the daylight hours and in conditions where visibility is not an issue for or towards the user(s).
____ Never use in stormy weather, after sunset, or in rough surface water conditions.
____ Use a highly-visible buoy if necessary to your location on the water.
____ Please do not attempt to step from your Paradise Pad directly onto a watercraft, dock, or other platform.
____ When not in use, secure your Paradise Pad from unauthorized or unsupervised use.
My signature below confirms that I understand and agree to comply with all rules and regulations for Paradise Pad rentals as stated. I also understand that this activity may involve some risks and that I am liable for loss or damage to the equipment and for the personal safety of the occupants. I therefore agree that I am assuming all risks in connection with my participation in renting Paradise Pads From Lakeshore Adventures Inc 8113 Hwy 57 Baileys Harbor, WI 54202.
I understand that Lakeshore Adventures is relying on these statements in allowing me to participate in the activity. I also understand that by signing below, I am releasing Lakeshore Adventures and their respective employees from any liability for personal injury or property damage if I, or anyone under my control, is injured or property is damaged, whether before, during, or after participating in the activity, which means, I am agreeing not to sue them if anything happens to me, anyone that uses the equipemnt or my property. By signing below, I am also agreeing to indemnify and hold them harmless from and against any claim, damage, loss, cost, expense, or other liability (including, without limitation their attorney’s fees and costs of defense) in the event a claim is made against one or more of them as a result on my participation of the activity.
Renter has read and understands all terms, conditions and rules set forth above, and agrees to all terms without reservation.