Please take the time to read the attached form, per our rental agreement, this document must be signed before taking possession of any rental equipment owned by Lake Cumberland Watersport Rentals, LLC

                                              LIABILITY WAIVER

I.DISCLAIMER

This waiver and release is applicable to all renters, operators, passengers, and users of equipment provided by Lake Cumberland Watersport Rentals.  *(For purposes of this Waiver and Release, the term “Lake Cumberland Watersport Rentals” includes all employees, agents, representatives, servants, assigns, successors, insurers, and subsidiaries of Lake Cumberland Watersport Rentals). The Undersigned (also referred to as the “Renter”) agrees that they are also signing this release on behalf of Undersigned’s minor children.  Renter agrees that they will disclose to Lake Cumberland Watersport Rentals all potential operators, passengers, and users of said rental equipment.  Renter further agrees that in the event that they fail to notify Lake Cumberland Watersport Rentals of all potential operators, passengers, or users of said equipment, they will assume liability for any damages to or caused by the undisclosed individuals.  If any other rental agreement is used in addition to, or in conjunction with this release, the provisions of this release shall prevail over any other clauses in the rental agreement that are inconsistent with this release.

II. EXPRESS ASSUMPTION OF RISK

The Undersigned hereby agrees that they are renting, operating, or using the equipment provided by Lake Cumberland Watersport Rentals at their own risk.  The undersigned agrees that they are voluntarily participating in all activities related to the rental, operation, or use of the rental equipment, and assumes all risk of injury, illness, damage, or loss that may result.  Potential risk in nature and watersports include drowning, lightning, wind, debris, wildlife and plants (i.e.; scratches, bites, poisonous plants, etc.).  The Undersigned also understands that there are unknown risks which cannot be anticipated, and that they cannot be informed about all of the potential risks and dangers inherent to watersports and nature.  The wilderness area is a constantly changing environment.

III. WAIVER/RELEASE OF LIABILITY

In exchange for the rental of any property owned and/or operated by Lake Cumberland Watersport Rentals. The Undersigned agrees to not hold Lake Cumberland Watersport Rentals liable in the event there was to be any loss or harm inflicted upon self or upon any minor that Undersigned has rented the watersport equipment for.  Renter understands the dangers of watersports and is solely responsible for the safety of self and/or minors the watersport equipment has been rented for.

• Underigned agrees to obey all laws and warnings, posted by the County, Corp of Engineers, and Lake Cumberland Watersport Rentals.
• Undersigned recognizes there is certain inherent risk associated with any activity on or near the lake and assumes full responsibility for self and/or minor child (referenced below), that Undersigned rented the equipment for.  Undersigned further releases and discharges Lake Cumberland Watersport Rentals of liability of injuries, death, loss or damage whether caused by self, minor, or other third parties that may arise.
• Undersigned agrees to indemnify and defend Lake Cumberland Watersport Rentals against all claims, causes of actions, judgements, damages, cost of expenses, including attorney fees and other litigation costs which may arise from Renter or minor child’s use or possession of the above referenced rental property.
• Undersigned agrees to pay all fees in the event the property or any third party property is damaged, lost, or stolen throughout the duration of the rental, caused by negligent, reckless, or willful actions by Renter or minor referenced below. 

IV. Minor Consent

Undersigned, being the legal guardian, consent to the participation and use of Lake Cumberland Watersport Rentals property by a minor,(minors name)  _____________________, whom renter is solely responsible for throughout the entirety of the rental agreement and agree on behalf of the referenced above minor to all terms of this agreement.  By signing this release of liability I represent that I have legal guardianship and custody of the above referenced minor.

V. LIABILITY TO THIRD PARTIES

The Undersigned hereby agrees that they will indemnify and hold harmless Lake Cumberland Watersport Rentals for all personal injuries, property damages, or any others damages to any and all third parties, including, but not limited to, operators and passengers of other watercraft, individuals in water or on land, and minor children under the Undersigned’s custody, care, and control, as a result of any and all activities related to the rental, operation, or use of equipment provided by Lake Cumberland Watersport Rentals.

VI. DAMAGE AND/OR LATE RETURN FEES

Lake Cumberland Watersport Rentals will not collect a damage deposit.  Upon return, a Lake Cumberland Watersport representative will inspect the equipment for damage.  If damages, lost, stolen, or displacement occurs, the Renter agrees to pay the cost to repair/replace the boats, boards, inflatables, and/or accessories such as life jackets, dry bags, paddles, fins, ankle straps, pumps, etc, to the same condition as was the time the rental agreement started. The Renter approves the additional charges to be charged to the credit card provided on file for the reservation.  An itemized receipt for these charges will be emailed to the Renter.

In the event additional charges are not approved by the credit card company, Lake Cumberland Watersport Rentals will provide the Renter with an itemized repair/replacement bill, lost rental time (lost rental time begins with the date of the itemized repair bill and stops when the equipment is once again available for rental).  The itemized repair bill, including lost rental time must be paid in full upon the Renter's receipt of the bill. In the event it is not paid, Lake Cumberland Watersport Rentals has the right to pursue legal action and the Renter will be fully responsible for any legal fees incurred for all parties, throughout the duration of the matter.

Late return fees begin after our grace period of 15 minutes past scheduled return time.  Beyond the grace period we will charge $25 per hour, starting from the scheduled return time.  The Renter approves accumulated charges to be charged to the chosen payment method used at the time reservation was made.  

In the event additional charges are not approved by the credit card company, Lake Cumberland Watersport Rentals will provide the Renter with an itemized late fee bill.  The itemized bill must be paid in full upon the Renter's receipt of the bill. In the event it is not paid, Lake Cumberland Watersport Rentals has the right to pursue legal action and the Renter will be fully responsible for any legal fees incurred for all parties, throughout the duration of the matter.

This does not apply to minor normal wear and tear, damages we charge for are misuse, abuse, destroyed, unusable, lost, stolen, and non-return of the rental property.

VII. CONDITION OF RENTAL EQUIPMENT UPON RETURN

The Renter must return the equipment to the specified location clean and free of garbage and debris, in the same condition in which the equipment was rented with ordinary wear and tear being acceptable.

VIII. ACKNOWLEDGEMENT OF WAIVER AND RELEASE

The Undersigned agrees they are under no pressure or duress to sign this agreement and that they have been given a reasonable opportunity to review this liability waiver before signing.  The Undersigned further agrees they may rent, operate, or use equipment from another facility but has chosen to rent, operate, and use equipment from Lake Cumberland Watersport Rentals with knowledge that signing this release is a requirement for rental, use, and operation of said equipment.  The Undersigned further acknowledges that by refusing to sign this release/waiver at time of their reservation they will forfeit their reservation fees prepaid by them.

THE UNDERSIGNED HAS READ THIS DOCUMENT AND FULLY UNDERSTANDS IT.  THE UNDERSIGNED FURTHER UNDERSTANDS THAT BY SIGNING THIS THEY VOLUNTARILY WAIVE ANY LEGAL RIGHTS AGAINST LAKE CUMBERLAND WATERSPORT RENTALS.

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Signature                                                                                             Date