Kayak, Equipment, & Rental agreement risk acknowledgment waiver & Release of liability Form

( Must sign before renting anything of ours)

Customers Acknowledgement of Risk. Review carefully before signing.

In consideration of all of the services offered by Wild Roam Outfitters LLC, Agents, employees, owners, and all other persons and entities associated with this business known as Wild Roam Outfitters LLC, I, The undersigned, Agree as Follows:

Scope of release; Covers all activities indirectly or directly associated with the use of Wild Roams Equipment, property owned by, & Rentals by Wild Roam, facilities, services, activities sponsored by, organized by, and directed by Wild Roam Outfitters.

I , the undersigned, acknowledge and understand that my participation in the activities offered may require a certain amount of skill and I have a responsibility as a participant that has said they are capable. I acknowledge and understand that Wild Roams staff has fully explained to me the physical demands, possible risks, hazards, and dangers that are involved with the activities offered that I chose to participate in.

I, the undersigned, am aware of and recognize that as a paddle sport in the state of Arkansas , I and any minors in my care or custody or control, am/are subject to the Arkansas Paddlesport activities Act which declares;

Warning

under Arkansas state law an outfitter is not liable for the injury or death of a participant in a paddle sport activity resulting from the inherent risks of paddle sport activity the Arkansas Paddlesport activity Act, located at 27-101-901 et seq. Subchapter 9 - -- Arkansas Paddlesport Activities Act :: 2016 Arkansas Code :: US Codes and Statutes :: US Law :: Justia

You are assuming the risk of participating in a paddle sport activity.

I understand there is a weight limit of 400 lbs maximum for the crystal kayak that includes for both people onboard. No exceptions . You must be honest of your weight before booking.

I , the undersigned, certify, that I am indeed at least 18 years of age and fully capable of participating in Wild Roams activities & Booking any rental including lodging that we may offer. Therefore I assume and accept responsibility for myself, including all minors in my care, custody, or control, for any bodily injury of any kind, death, loss of personal property, and I am responsible for the expense as a result of those inherent risks and possible dangers mentioned herein as well as those risks and dangers that are not specifically mentioned , as well as the unknown, and as a result of my own negligence in participating in these activities.

I, the undersigned, agree to pay for all costs of rescue and medical services that are incurred on my own behalf as we do not cover your physical insurance.

Scope of Risks mentioned;

I, the undersigned have read the Risks such as collision with other boaters or participants, submerged branches, logs, large boulders, trees, dehydration, heat exhaustion, frostbite, sunstroke, and extreme wind. The following list also includes some risks that are possible to encounter but not all as it would be impossible to predict the complete unknown.

• Turning a boat over accidentally causing yourself and others to get wet or submerged.

• the risk of sharing the water with other boaters

• hypothermia, and or cold water immersion can cause shock or heart failure.

• possibility of exposure to poisonous animals, plants, reptiles, and insects.

• High water levels can create more debris than usual in the water such as logs and rocks. We can not control that rocks are slippery when wet and you acknowledge the risks.

• Possibility of inclement weather conditions that could occur while on the water or trails.

• possibility of lack of prompt medical attention due to the area we paddle around’s location. in some areas the reception is poor to non-existent. You must keep this in mind and would have to get to a location nearby on the shore or water that reaches reception.

• I, the undersigned understand, am aware of , that kayaking, supping, and hiking entail risks of injury or death to any participant willingly involved in the original activity.

  I , the undersigned, Agree that I am physically and mentally capable of swimming in any depth of water.

I , the undersigned, agree to wear a properly fitted and fastened u.s. coastguard approved floatation device such as a lifejacket or life vest that Wild Roam has provided us with while aboard a boat or in the water. The undersigned takes full responsibility for deciding where, when, and with whom to paddle unless on a guided tour in which we would guide you on. The undersigned acknowledges and agrees that the rental equipment provided by Wild Roam is for the sole and exclusive use of the undersigned and may not be used by any other person.

Wild Roam Outfitters has taken many thorough steps and precautions to provide me with very appropriate equipment information as well as all safety information so that I can enjoy an activity that I may not be skilled in. Wild Roam has very much informed me that these activities are not without risks. These certain egregious and minor risks are certainly uncommon and can be caused by part of what makes this activity unique such as natural elements etc. and can be the cause of loss or damage to my own equipment and belongings such a phones, keys, etc. when I haven’t safely stored them, or accidental injury, illness, or in extreme cases permanent trauma or death. The extreme Outdoor loving enthusiasts at Wild Roam don’t want to scare anyone or lesson their enthusiasm for this activity, but believes it is important for me to understand beforehand of what to expect considering any risks that may be involved. I understand the description of these possible risks egregious and minor are not a complete list as other unknown and very much unanticipated risks could result in injury or death.

I , the undersigned, agree to assume and accept full responsibility of these risks any and all of mentioned as well as the chance of the unknown. My participation in the activities as well as lodging Wild Roam offers is 100% voluntary, no one has forced me to participate or stay, and I willingly agree to participate despite the risks and with a 100% full understanding of the information given on possible risks.

I, the undersigned, shall return boats , gear, and leave all property in the same condition it was found and received or I fully understand I will be held legally liable for all repairs now needed and any replacement costs in full. Minimum charges will be applied for repairs, labor, and cleaning in the event that they are needed. I agree to use equipment, boats , and rentals for their intended agreed upon use only. the following list is a short breakdown of prices if a complete replacement is needed.

_ Crystal Kayak 1900.00

-regular and Angler kayaks 400.00

-Lifejackets 40.00

-Crystal kayak seats and other seats 85.00

-Crystal kayak Skeg 75.00

-paddles 65.00

-Dry box 10.00

-Dry Bag 15.00

-Any Major scratches 150.00

I acknowledge that Wild Roam has given me thorough instructions on how to use all equipment , gear and boats including the Crystal kayak skeg in order to avoid any damages. The Skeg must be placed down when in deep water over two feet to ensure and help navigate the boat . The Skeg MUST be pulled up when nearing shallow water areas and shorelines especially for landing to avoid dragging it into the gravel and rocks which will cause damage. This is all very easy to do and I agree to cooperating in properly handling the boats while out on the water and shorelines. I also understand that I must use the long rubber yoga mat located in the back of the Crystal kayak to unroll and lay out on any shoreline area before I attempt to land and dock the boat otherwise you will be dragging the boat into the rocks in which you will be held liable for the damages. I understand this is also a very easy task that Wild Roams staff will have shown me upon arrival where you unroll the mat and place on shore in front of the boat so that the Hull is guided onto the extra wide soft rubber mat. We demonstrate all of this for you to be sure that you understand so that you can enjoy your experience.

I ,the undersigned, understand I will be charged for any major scratches made to crystal kayak and regular kayaks and I understand this is avoidable as long as I have followed the given instructions.

I , the undersigned, further acknowledges that Wild Roam reserves the right to refuse service and rentals to any person it judges to be physically or mentally incapable of meeting the necessary minimum level of capability needed to participate as well as the possibility of becoming a danger to themselves or others due to behaviors and or actions, and the possibility of interfering with the other guests positive and safe experience.

I , the Undersigned, acknowledge upon me, my heirs, that this agreement in which I have fully disclosed with my entire group joining me in their willing participation ,assigns myself, any personal representative, estate, for all of my family members including minors and anyone else that is joining me in participation of the booking that I have paid for.

I , the undersigned, also agree that i will inform any participating members in my group of the entire full contents of the entire kayak, equipment, & rental agreement risk acknowledgement waiver and release of liability form , including but not limited to the risks in a watersports or hiking activity, as well as any and all personal responsibilities of each participant, awareness of the law as set for the Arkansas Paddlesports Act , and that damages to rented equipment will result likely in additional personal costs.

I , the undersigned assume full responsibility for my behavior in any public area and have agreed that I will only come join us at Wild Roam Outfitters for any of the unique rentals that we offer, any events, and gatherings so long as I can handle my behavior in a civil proper manner that will not prove any possible harm in any way , shape, or form, to others , animals or any wildlife. I understand that If I do or prove otherwise Wild Roam has reserved the right to refuse service and cancel you in general, not just your rental experience. Please keep this in mind and be kind. Refer to our Firm Code of personal Ethics under about us on our Website.

I, the undersigned, hereby releases , discharges, waives, disclaims, and relinquishes all claims, actions or causes of action against Wild Roam Outfitters and its employees, Affiliates, agents, owners, Stocks, Trusts, Not to attempt to sue them on any account of or in conjunction with any claims, causes of action, injuries , damages, cost of expenses arising out of Wild Roam Outfitters rental experiences including those based on death, bodily injury, or property damage, My own mental illness that may cause issues for anyone and everyone involved, other or not caused by participation in Wild Roams rental experience.I ,the Undersigned acknowledge and understand that weather conditions can turn on the lake in which even though extremely unlikely given the circumstances could result in having to paddle out in the wind or even rain and also understand that I have been given directions to find the nearest shoreline and wait out the storm instead of continuing to paddle out back to my original launching shore destination. There are many shorelines along the way in which if an emergency of any sort could occur that is going to be your best choice and find cell phone reception instead of continuing through a storm unless You can see your destination and it is close enough in sight that you are positive you can make it back considering your situation. In the Unlikely given situation this could even result in the boat taking on too much water because you chose to continue to paddle in a storm with large waves and heavy winds causing the boat to capsize which could result in drowning or death. This is why I understand the directions I have been given to the fullest extent and will head to the nearest shore to wait the weather out instead of continuing. This includes possibly even having to stay overnight on a shoreline or island even though uncomfortable this would be your safer option than to continue in heavy winds, rain and large waves that can occur on the lake in a rough storm.

I , The undersigned acknowledge and understand that during the early spring and late fall especially the water temperatures can be hypothermic and extremely cold and that it is best to NOT get into the water . DO NOT stand ontop of the boats as this could cause you to fall in and not be able top get back into the boat if it is far from any shoreline area that is a standable shore location. You likely will not be able to swim in the ice cold water and this could in the unfortunate circumstance cause loss of range of motion that could lead to drowning and death.

Sylamore Creek rentals

I understand the directions I have been given fully and will be following all of the directions and guidelines that I have been given. I understand that I will exit the launch location to the right paddling in to Syllamore creek. I will not paddle to the left which would lead me into the white river. As I come back I will exit back onto the shore on the left anfd not continue on into the white river.

Signature ________________________________________________________________________Date____________________________________

We Hope you enjoy any experience that we offer & hope that you make memories that will last a lifetime with us!

Sincerely,

Wild Roam Outfitters.

Please sign below stating and agreeing that you have read, understand and agree to the entire terms and conditions

_______________________________________________________________Todays Date ___________________

Signature of Participant and Individual responsible of party