Equipment Use and Liability Waiver Agreement

 

This agreement is in reference to all Hot Tub, Kayaks, Boogie/Body Surfing Boards, Snorkel Gear, Paddles, and Life Vests provided for guests as perks of any Bougie Backpacker LLC short-term-rental locations.

 

Each individual of a group must submit this form manifesting their understanding prior to the rental and use. In

consideration to the use of facilities, premises, and equipment of The Bougie Backpacker LLC, I/we consent and

understand the following:(a) that there are potential risks, dangers, and hazards, and such risks, dangers, and

hazards occur in traveling by water and on roadways, including hot tub or kayaks, the use of paddle sport equipment;(b) that the participation to such activities may result in bodily injury, disease, serious disability, strains, or even death;(c) that the risks and dangers may result in accidents caused by force majeure, or by negligence.

 

ACKNOWLEDGMENT In participating in the activities and/or with the use of equipment of the company including hot tub and/or sports equipment, I/we waive any claims against the company and assume the risks and dangers that are inherent to such and shall take responsibility for any damage, damages, losses, that may result in accident, negligence, injury, or death.

Upon participation, I/we understand that I/we must be free from any influence of alcohol or drugs and declare that I/we am/are in good health. I/we am/can participate in physical sports and free from any condition that can prohibit participation in such. I/we hereby release, discharge, hold harmless, indemnify, and defend the company, its owners, affiliates, employees, directors, partners, from any and all claims, losses, causes of action for any untoward incident including injuries, damages, paralysis, or death which may arise from my/our participation in the activities and use of equipment of the company. By signing this form, I/we have read this waiver and release and agree, with full knowledge in giving this consent. I/we have had the opportunity to ask questions and by which any and all information or matter pertaining to the participation in the activity and use of equipment have been explained to me and answered to my full satisfaction. I/we understand and agree that the signature I/we provide shall have the same legal effect as drawn on a physical document.

 

The Bougie Backpacker LLC provides safety equipment such as lifejackets as required for safety regulations according to Florida state law.

 

MANATEE RULES & REGULATIONS

THE FOLLOWING ACTIONS ARE NOT ALLOWED:

• Chasing or pursuing a manatee.

• Disturbing or touching a resting or feeding manatee.

• Diving from the surface onto a resting or feeding manatee.

• Cornering or surrounding a manatee.

• Riding, holding, grabbing, pinching, poking, prodding or stabbing a manatee with anything, including

your hands and feet.

• Standing on a manatee.

• Separating a mother and calf or separating a group of manatees.

• Giving manatees anything to eat and drink.

• Actively initiating contact with belted/tagged manatees and associated gear, including any belts,

harnesses, tracking devices and antennae.

• Interfering with rescue and research activities.

In addition to the above prohibited activities, the following waterborne activities are prohibited within Three

Sisters Springs from November 15th to March 31st:

• Scuba diving and fishing, including with hook and line,

Paddle craft are prohibited from Three Sisters Springs from November 15th through March 31st, or later if

emergency closures are in place.

 

1. Regarding the care of equipment, renter shall:

(a) return the Property in the same condition as provided, except for normal wear and tear if

applicable; Equipment condition photos required at checkout and return.

(b) owe Owner for any damage to the Property during the rental period;

(c) not let anyone else use the Property without Owner’s written permission.

(d) owe Owner for the full value of the Property if it is lost, stolen or irrevocably

 damaged during the rental period. The Property's estimated value:

 

Equipment Replacement Cost:

Kayak $400

Boogie/ Body Surfing Boards $300

Snorkel Gear $50

Bicycle Helmet $30

Life Vest $30

Kayak Paddle $30

Hot Tub Key $25

 

2. Renter hereby releases Owner from any liability, loss or harm connected to Renter's use of the

Property.

3. Kayak pick up and transport is available between 9am and 4pm only and needs to be scheduled with us

at least one day before use.

4. Renter promises to have taken reasonable steps (such as buying adequate insurance) to cover liabilities

that could foreseeably arise from Renter's use of the Property.

5. This is the parties' entire agreement on this matter, superseding all previous negotiations or

agreements. It can only be changed by mutual written consent.

6. The laws of the state of Florida govern this agreement and any disputes arising from it will be handled

exclusively in courts in that state.

7. Renter will send before and after photos to ensure equipment is undamaged after use. 

8. Signing a copy of this agreement, physical or electronic, will have the same effect as signing an original.