Please read carefully. This is a release of liability and waiver of legal rights.
1. I acknowledge that use of a stand-up paddleboard (SUP), paddleboard, canoe, kayak, flotation mat, bicycle, mountain bike, fat tire bike (also referred to as the Activity or Activities), including accessory equipment (including, but not limited to water ski flag, anchor, rope, personal flotation device (PFD), ankle leash, paddle, helmet, etc.), which may or may not include participation in a guided or self-guided tour is hazardous and involves a great risk of physical injury. I assume all risks associated with the Activity including, but not limited to, varying water conditions, obstacles, other canoes, kayaks and boats, other kayakers and water users, trails, foliage, roads, paved trails, off-pavement trails, domestic or wild animals, natural and manmade objects, varying weather conditions, as well as varying depth and currents. I acknowledge that the use of a SUP, canoe, kayak, or bicycle of any variety may involve serious personal injury or even death. I hereby recognize and assume those risks on my own behalf and on behalf of my child or children and any other minors within my care (Minors).
2. In consideration of the purchase, rent, or demo of a SUP, canoe, kayak, flotation mat, bicycle, and/or accessory equipment from Dig Paddlesports, LLC (The Shop), or storage space rental for personal craft (kayak, canoe, SUP, sailboat, etc.) I agree to release and hold harmless, Ivins Rentals, its subsidiaries and affiliates, their respective agents, directors, officers, owners, contractors and employees, volunteers, participants, equipment suppliers or manufacturers, as well as Utah Department of Natural Resources, Utah Division of Parks and Recreation, National Park Service, U.S. Department of the Interior, their subsidiaries and affiliates, their respective agents, directors, officers, owners, contractors, employees and volunteers (collectively the Released Parties) from any and all claims I might have as a result of the Activity, including those claims based on negligence or breach of warranty. Additionally, I agree to indemnify the Released Parties for any and all claims whatsoever brought by a third party for any damage which I may cause or which any other person may cause while engaged in the Activity.
3. I agree to return all equipment rented, tested, or demoed in the same condition as I received it, normal wear and tear accepted. I understand and agree that I am responsible for the stand-up paddleboard, canoe, or kayak, flotation mat, or bicycle, and any accessory or protective equipment provided, and that I will be charged a reasonable amount for repair or replacement, at Ivins Rentals discretion, of that equipment in the event of damage or loss. I acknowledge that Ivins Rentals has advised me the use of a U.S. Coast Guard-Approved Personal Flotation Device (PFD) is mandatory.
4. If I am signing this liability release on behalf of a minor, less than 18 years of age (the child), I represent that I am the parent and/or legal guardian of the child; I accept responsibility for all the child's medical expenses incurred in connection with the Activity; I agree to indemnify the Released Parties for any and all claims brought by the child, and I agree to indemnify the Released Parties for any and all claims brought by a third party arising in connection with the child.
5. Inclement weather. Ivins Rentals does not give refunds for inclement weather. In the event of inclement weather, appropriate credit will be issued for future use.
6. In exchange for Ivins Rentals allowing me to rent or demo the aforementioned equipment, I contractually agree that any and all disputes between myself and Ivins Rentals arising from my use of this equipment OR my participation in the Activity, INCLUDING any claims for personal injury, are to be resolved in the county where the alleged tort occurred or federal court of the State of Utah.
7. By signing below I acknowledge and represent that I have read the foregoing Waiver of Liability, 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 Ivins Rentals 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; or, I am the legal parent or guardian for the minor(s) referenced below; 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 Utah law and that if any of the provisions hereof are found to be unenforceable, the remainder shall be enforced as fully as possible 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.
8. Cancellations: 8 days or more before rental or tour - 100% refundable, 7 days or less before rental or tour: 50% refundable, 24 hrs or less prior to rental or tour - 0% refundable. House credit may be issued at Ivins Rentals' discretion.