Participant/Renter must be at least 18 years old. This is a standalone release. It is not merely a receipt or general website term.

In consideration for being allowed to rent, possess, operate, transport, or participate in activities involving equipment supplied by Kirby Co. & Outfitters, doing business as Hoodsport Ace & Lumber Rentals (“Kirby Co. & Outfitters”), I agree as follows.

“Activities” include selecting, fitting, loading, unloading, transporting, setting up, operating, using, cleaning, and returning rented tools, machinery, trailers, bicycles, camping or fishing equipment, paddleboards, kayaks, canoes, paddles, PFDs, and other equipment; entering or leaving a rental or launch location; and participating in related orientation or instruction.

“Released Parties” means Kirby Co, Kirby Co. & Outfitters, Outfitters; its owners, officers, employees, agents, and insurers; the location that releases or receives the equipment; participating property owners and launch-site operators; and each of their respective owners, officers, employees, and agents, but only when acting within the scope of the Kirby Co. & Outfitters rental or Activity.

I understand that the Activities involve risks that cannot be eliminated without changing their nature. Risks may arise from my actions, another person’s actions, the equipment, the site, natural conditions, or the ordinary negligence of a Released Party. Risks include, without limitation:

• cuts, punctures, crushing, pinching, entanglement, kickback, projectiles, vibration, noise, burns, shock, fire, explosion, fumes, dust, silica, exhaust, fuel, chemicals, falling objects, trench or structure collapse, traffic, utility contact, and loss of control;
• lifting, loading, towing, hitch or tie-down failure, shifting loads, collision, rollover, and roadside hazards;
• slips, trips, falls, strains, allergic reactions, wildlife, remote locations, delayed rescue, and limited communications;
• cold water, cold shock, hypothermia, drowning, capsize, immersion, waves, wakes, tides, currents, wind, weather, lightning, limited visibility, submerged or floating objects, docks, rocks, beaches, vessel traffic, and collision;
• equipment failure or malfunction, including a latent or developing condition not discovered during reasonable inspection;
• serious bodily injury, illness, emotional distress, paralysis, death, and damage to personal or third-party property.

I understand that this list is illustrative and not complete. I have had an opportunity to ask questions, inspect the equipment, review warnings, and decline the rental.

I KNOWINGLY AND VOLUNTARILY ACCEPT AND ASSUME ALL INHERENT AND ORDINARY RISKS OF THE ACTIVITIES, BOTH KNOWN AND UNKNOWN, INCLUDING RISKS ARISING FROM THE ORDINARY NEGLIGENCE OF A RELEASED PARTY, TO THE FULLEST EXTENT WASHINGTON LAW PERMITS.

I accept responsibility for choosing an activity and equipment appropriate for my age, size, health, experience, skill, project, site, vehicle, and conditions. I will not participate while impaired or when conditions exceed my ability. If I become uncertain or conditions deteriorate, I will stop and seek a safe location.

TO THE FULLEST EXTENT PERMITTED BY WASHINGTON LAW, I RELEASE AND DISCHARGE THE RELEASED PARTIES FROM CLAIMS FOR PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE TO ME ARISING OUT OF THE ACTIVITIES WHEN CAUSED, IN WHOLE OR IN PART, BY A RELEASED PARTY’S ORDINARY NEGLIGENCE. I AGREE NOT TO SUE A RELEASED PARTY ON A CLAIM RELEASED BY THIS SECTION.

This release includes ordinary-negligence claims involving equipment selection or fitting; inspection or maintenance; instructions or warnings; premises or launch conditions; and rescue or emergency response.

THIS DOCUMENT DOES NOT RELEASE OR LIMIT LIABILITY FOR GROSS NEGLIGENCE, RECKLESS OR INTENTIONAL MISCONDUCT, FRAUD, A VIOLATION OF LAW THAT CANNOT BE WAIVED, OR ANY OTHER CLAIM THAT WASHINGTON OR FEDERAL LAW DOES NOT ALLOW TO BE RELEASED. It does not waive rights under the Washington Consumer Protection Act that cannot lawfully be waived.

I represent and agree that:

1. I am at least 18 years old and legally competent to sign.
2. Information I provide about identity, operators, experience, age, size, vehicle, route, and intended use is accurate.
3. I will follow the Rental Agreement, manufacturer warnings, equipment-specific rules, Kirby Co. & Outfitters instructions, and all laws.
4. I will use required guards, restraints, personal protective equipment, and safety devices.
5. For any Kirby Co. & Outfitters paddlecraft or water equipment, I will wear a properly fitted, serviceable, U.S. Coast Guard-approved PFD at all times on the water; continuously monitor weather and water; obey operating-area and return-time limits; and not use the equipment while impaired.
6. I will inspect before each use and immediately stop, secure the equipment, and notify Kirby Co. & Outfitters if a problem, accident, capsize, loss, or injury occurs.
7. I will not permit an unauthorized or unsupervised person to use the equipment.

I am responsible for loss or injury I cause through my unlawful, intentional, reckless, or negligent conduct. To the extent permitted by law, I will defend and reimburse a Released Party for a third-party claim to the extent caused by my or my authorized operator’s misuse, unlawful conduct, or material violation of the Rental Agreement. I am not required to indemnify a Released Party for that party’s own negligence, gross negligence, reckless conduct, intentional misconduct, or nonwaivable legal responsibility.

If I cannot make or communicate a decision, I authorize reasonable emergency assistance and transportation. I understand that Kirby Co. & Outfitters does not promise that rescue, medical care, or communications will be immediately available. I am responsible for my medical and evacuation costs to the extent allowed by law. This section does not release negligent emergency conduct that the law does not permit to be released.

If I am the parent or legal guardian of a minor who is permitted to participate:

• I consent to the minor’s participation, confirm that I have authority to do so, will provide active supervision, and will ensure compliance with all age, size, PFD, fitting, and safety rules.
• I release only my own claims, including a lawful derivative claim based on injury to the minor, to the extent Washington law permits.
• I understand that Washington law does not allow a parent to release the minor child’s own future personal-injury claim for a third party’s negligence, and this document does not purport to do so.
• I accept financial responsibility for charges, loss, or damage caused by the minor to the extent permitted by law and stated in the Rental Agreement.

Washington law governs. A court proceeding must be brought in a Washington court with lawful jurisdiction in the county where the rental location involved in the dispute is located, unless applicable law requires another forum. If any portion is held unenforceable, it will be severed or narrowed to the minimum extent necessary, and the remainder will continue. This release is intended to be as broad as Washington law permits, but no broader.

I agree to use an electronic record and signature. I understand that I may view, download, print, or save this document before signing and will receive or be able to retrieve a copy associated with the version, date, time, and reservation.

BY SIGNING, I CONFIRM THAT I HAVE READ THIS ENTIRE RELEASE, UNDERSTAND THAT IT EXPRESSLY RELEASES CLAIMS FOR THE RELEASED PARTIES’ ORDINARY NEGLIGENCE, UNDERSTAND THE RIGHTS I AM GIVING UP, HAVE HAD THE OPPORTUNITY TO ASK QUESTIONS OR CONSULT COUNSEL, AND SIGN FREELY AND VOLUNTARILY.

Participant/Renter name: To be captured with reservation
Reservation and equipment: To be captured with reservation
Signature, date, and time: To be captured electronically
Parent/guardian name and minor participant(s), if applicable: To be captured separately