Terms of service

EXPERIENCE FORMATIONS LLC (“LESSOR”)

LESSEE (“USER” / “RENTER”) RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT

 

For Lessor Use Only (this information may be obtained through electronic record keeping)
Rental Start Date:	Rsv Party Name:	Equipment Activity Category(ies):
Rental Start Time:	Rsv No.:
Rental Return Date:	No. in Party:
Rental Return Time:	No. of Minors in Party:	Residing State/Town:
Delivery Location Address:	Equipment Inventory ID(s):	Equipment Condition Notes for Condition Log Reconciliation:
Retrieval Location Address:

 

***EACH ADULT WITHIN THE RESERVATION PARTY MUST SIGN; EACH MINORS CHILD MUST ALSO BE SIGNED FOR BY A PARENT OR LEGAL GUARDIAN***

 

***READ BEFORE SIGNING***

 

By signing this Agreement, I understand and agree that;

 

Lessor-Lessee Relationship:     Recreation Equipment (commonly known as the “Gear”) made available by Experience Formations LLC for Lease (commonly known as “Use” or “Rental”) must be electronically Reserved (commonly known as “Booked”) through the Lessor’s website(s), https://www.northernexplorersupply.com, https://www.northernexplorerrent.com, or https://www.northernexplorershop.com operated by Experience Formations LLC, and/or electronically through the Lessor’s point-of-sale system and terminal located at 26 Brickyard Court Ste 5, York, Maine 03909.

 

Versioning: This Agreement may exist in various digital formats and therefore repurposed or adapted to be incorporated into the website and point-of-sale rental reservation systems as a required step in the reservation process. This Agreement may be revised or amended occasionally and without advance notification to the intended recipient. This Agreement may be presented digitally or physically to the Lessee as a required step in the receipt, handling, and use of products and services rendered by Experience Formations LLC.

 

Enforceability: This Agreement shall be considered valid, applicable, and enforceable upon signature by the Lessee and its undersigned Minors or other Recreation Equipment reservation Party members. This signed Agreement will supersede any other contractual obligation either written, spoken, or expressed.

 

Payment: The only form of payment accepted by the Lessor is an approved credit card, as defined by the available payment methods listed on the Lessor’s website or point-of-sale rental reservation systems. My credit card will be authorized and charged in full for the entire cost of the reservation and other selected products and services in my reservation/order, subject to the Lessor’s Rental Charges, Cancellations, Deposits & Refund Policy terms and conditions.

 

Security Deposit & Damage/Loss Reimbursement: A security deposit of $250.00 per Kayak, $250.00 per stand-up-Paddleboard, $250.00 per tent, or $500.00 per Bike may apply separate from the cost of the rental term, made payable at the time of reservation. The security deposit is a fraction of the total cost of the Equipment and shall not be considered full compensation for the replacement or repair of lost or damaged Equipment unless otherwise stated in writing by the Lessor.

 

REGARDLESS, I WILL PAY FOR THE FULL COST OF REPAIRS OR REPLACEMENT IF THE RECREATION EQUIPMENT IS DAMAGED BEYOND NORMAL WEAR AND TEAR OR LOST (THEFT INCLUDED); the full cost of replacement will likely exceed the amount of the security deposit. Upon damage-free return of all assigned Equipment, if a Security Deposit has been charged, it will be refunded per the Rental Charges, Cancellations, Deposits & Refunds Policy.

 

 

Late Fees: Predictable recreation Equipment availability through the inventory reservation process allows the Lessor to satisfy bookings and results in fewer to no cancelations. Thus, to discourage interruptions to booked inventory, late Equipment rental returns will be charged an amount equal to one-hundred-fifty-percent (150%) of a full-priced single rental calendar day for every calendar day the rental Equipment is returned past its due date. Only whole calendar day fee increments will apply (in other words, a half-day or hourly increments are unavailable and shall not be applied). This penalty will go into effect beginning immediately after close of business (please see https://www.northernexplorersupply.com for business hours) on the date of the scheduled return per the reservation. For example, if a rental was scheduled to be returned by 5 o’clock p.m. on a Monday—which also was the time the business closes for the day—and yet the rental had not been returned by that time, one-hundred-percent (100%) of the regular single calendar day rate plus fifty-percent (50%) of its total amount will be applied at 5:01 p.m. the same day, and will be in effect until close of business the subsequent calendar day. This late fee will be repeatedly and automatically applied to the Lessee’s credit card per calendar day on such a basis until the Equipment has been satisfactorily returned to the Lessor.

 

 

Cancelations and Refunds: I accept that Cancelations are permitted at any point in time after my rental Reservation has been confirmed. I understand that full Refunds (100%) will be issued for Cancelations that are made at least 48 hours prior to the Start date and time of my Reservation. I know that if a Cancelation is made between 24 and 48 hours of the Start date and time of my Reservation, a Refund of 50% of the payment will be issued. I also accept that if a Cancelation is made less than 24 hours before the Start date and time of my Reservation, no refund will be provided; refunds will not be provided after the rental period has commenced except in matters that jeopardizes the conditions of the Reservation. I understand that no refunds will be given for weather related causes. Refunds will be issued when the Lessor cannot uphold the agreed upon conditions of the Reservation (e.g., availability, equipment condition, etc.), a situation that is expected to be particularly rare.

 

Early Termination: I understand that, should I wish to return the Equipment prior to the rental period end date and/or time, no refund will be provided unless for reasons determined to be the fault of the Lessor.

 

 

Extensions: Should the reservation period need to be extended in a manner that avoids late fees and likely interruption to inventory availability for reservations booked by others, the Lessee must contact the Lessor during business operating hours at least 24 hours in advance of the reservation end date and time. The Lessor will accommodate the request to the best of its ability without guarantees that the request can be fulfilled due to the likelihood that the inventory for the desired extension period has already been assigned to another Lessee. If the requested extension is granted, it will be valid only if the associated reservation has been processed as an electronic transaction with an immediately available receipt. In other words, an email, phone call, text, or voicemail shall not constitute as a completed and valid reservation extension, subject to the same terms and conditions as the original rental period booked.

 

 

Equipment Safety Inspection: I must perform a full safety inspection check before taking possession and making use of leased Equipment including any handling, operation, transport, storage, or maintenance activities (the “Uses”) I or others may conduct while I am in possession of the Equipment. It is my responsibility to inspect all Recreation Equipment carefully and completely before I assume possession or use of the Equipment; I will have closely observed and tested for any defects, damage, missing components, or other faults that could pose a risk to personal safety, the safety of others, and property damage or loss. I have or will read and comprehend all product manufacturer product descriptions, instructions, tips, disclaimers, warnings, waivers, warranty, or other informational resource associated with the product’s use and care requirements. Such information is available online.

 

Conduct & Etiquette: I have or will read every federal and local law, property ordinance and policy, and seek permission or clarification from a property owner/manager (if required) to understand any allowances, limitations, precautions, warnings, dangers, prohibitions, or other information to determine where and how I may use the Equipment in a lawful and respectful manner. I am ultimately responsible for all risks, dangers, and harms of the rented Equipment’s safe condition, use, and contents. Any inventory discrepancy, defect, or damage shall be reported to Lessor before I commence leased possession of the Equipment. If Equipment damage, malfunction, disrepair, or loss is incurred during possession, I will immediately cease use and contact the Lessor for troubleshooting, and, if prudent, I will contact the local police, game warden, or emergency services authorities.

 

Receipt of Equipment: I, the Lessee, agree to be physically present at the pick-up and drop-off or delivery and retrieval address(es) I provided when booking the Equipment at the date(s) and times I selected. I understand that if I am not present, it may result in forfeiture of my Reservation with no refund given.

Sole Acceptance of Risk & Liability:

·        I FULLY AND FREELY ASSUME AND ACCEPT ALL INHERENT, KNOWN, AND UNKNOWN RISKS, DANGERS AND HAZARDS ASSOCIATED WITH THE USE OF RECREATION EQUIPMENT FOR BIKING, ELECTRIC BIKING, KAYAKING, STAND-UP-PADDLEBOARDING, FISHING, CAMPING, COOKING, HEATING, TENTING, TRAVERSING, HAMMOCKING, HIKING, WALKING, CROSS-COUNTRY AND BACKCOUNTRY SKIING, SNOWSHOEING, GAMING, USE OF FURNITURE, OR OTHER SUPPORTED ACTIVITY OFFICIALLY SUPPORTED BY THE LESSOR THROUGH THE PROVISION OF RENTAL EQUIPMENT FOR LEASE .

·        I FULLY AND FREELY ACCEPT THAT THE EFFECTS MY PERSONAL HEALTH, FITNESS, SKILL LEVEL, AND ANY PERSONAL DECISIONS I MAKE (INCLUDING IN REGARD TO WEATHER/NATURAL OR MANMADE FACTORS) HAVE SIGNIFICANT IMPACTS ON MY PERSONAL SAFETY AND THE SAFETY OF OTHERS I ENCOUNTER. I AM RESPONSIBLE FOR ALL RISKS, DANGERS, AND HAZARDS INVOLVED WITH THE USE OF RECREATION EQUIPMENT AND SERVICES PROVIDED BY THE LESSOR AND I FREELY ACCEPT AND FULLY ASSUME ALL SUCH RISKS, DANGERS AND HAZARDS AND THE POSSIBILITY OF PERSONAL INJURY (INCLUDING LOSS OF LIMB OR PARALYSIS), DEATH (INCLUDING FROM HEAD TRAUMA OR DROWNING), PROPERTY DAMAGE OR LOSS RESULTING THEREFROM.

·        EXPERIENCE FORMATIONS LLC IS IN NO WAY RESPONSIBLE FOR MY UNDERSTANDINGS, KNOWLEDGE, SKILLS, DECISIONS, SAFETY, ABILITY, OR HEALTH CONDITIONS NOR THE SAFETY OF THE EQUIPMENT I AM RENTING. I AGREE TO ASSUME ALL RISKS IN CONNECTION WITH THE USE OF THE EQUIPMENT, WHETHER FORESEEN OR UNFORESEEN AND WHETHER OR NOT CAUSED BY THE FAULT OR NEGLIGENCE OF EXPERIENCE FORMATIONS LLC AND/OR ITS EMPLOYEES, AGENTS, AFFILIATES, REPRESENTATIVES, SUCCESSORS, VENDORS, OR ATTORNEYS.

Physical Requirements & Medical Conditions:

I meet minimum activity age, weight, mental, and physical requirements and recommendations for the activity or activities I am leasing Recreation Equipment for. During the reservation process, I was provided a range of Equipment inventory to select and have voluntarily selected what I feel are the right Equipment items for my or my Party’s safe use. Terrain (including steep hills, rocky shores, icy declines, hidden obstacles, and unpredictable hazards), trip duration (distance has a bearing on time) and intensity (like running), effects from weather and natural or manmade obstacles or conditions, the Equipment’s design and features (including its weight, configuration, or size), my clothing choices, hydration level and access, nourishment, access to medications, and many other factors have significant impacts on my health, fitness, judgements, safety, and survivability.

 

Experience Formations LLC strongly advises against the use of its Recreation Equipment if the User has a pre-existing medical condition (such as a heart condition, asthma, allergy, mental, or physical limitation) and advises against use if the User has not practiced the associated activity enough to become an intermediate-to-expert level user by industry standards or norms. The Lessor requires the Lessee to bring medication, first aid supplies, hydration, sun protection, cold weather gear, proper footwear, and the like to prevent and address acute symptoms/harms (sun stroke, diabetes, slip and falls, bee stings, frost bite, dehydration, hypothermia, and similar) that could arise from use of the Equipment. I will bring an accompanying qualified person to administer medications or other remedies to me or who can contact a medical/rescue professional, should I become incapacitated.

 

I understand that the Lessor strongly encourages me to discuss with my physician all such knowns and unknowns involved with the use of the Equipment before agreeing to use any of the Lessor’s products and services.

Safe and Responsible Use:

Recreation Equipment is for the Lessee’s sole and autonomous transport (delivery service excepted), operation, storage, safekeep, and maintenance uses, including on behalf of others. All decisions as to what Equipment is chosen and where, how, when, and with whom it is used is at the sole and complete discretion of the Lessor. The Equipment will be used in the safest manner feasible and I will consistently and correctly use all provided and recommended mandatory safety devices in accompaniment of leased Equipment at all required times, never while under the influence of drugs or alcohol. Lessor required safety devices will be worn or otherwise used by all users within the Lessor’s Party. Those safety devices include Bike helmets, face and body protection, alert and rescue whistles, Bike and watercraft safety lights, reflectors, US Coast Guard approved Personal Floatation Devices (PFD), paddle leashes, scupper plugs, bilge pumps, straps, and other similar items. The design of each Equipment item is manufactured according to certain safety regulations or recommendations based on industry standards and therefore I agree not to modify or otherwise compromise the Equipment’s design, construction, or componentry in any way. The Lessor will often have first aid kits, water bottles, sun protection, dry bags (for cell phone protection), water shoes (for traction and foot protection), and other items available for purchase or rent through its website or at its physical store.

 

The Equipment shall not be used in a manner other than it is designed and manufactured for, including how and where the Equipment is transported, operated, stored, maintained, charged, secured, and occupied.

 

Operating any human-powered Equipment like Bikes/E-Bikes, Kayaks, Paddleboards or the like after dusk or before dawn is strictly prohibited.

 

Operating any human-powered Equipment like Bikes/E-Bikes, Kayaks, Paddleboards, Camping Equipment, Beach Equipment, Fishing Gear, backyard Games, or the like during National Weather Service or National Oceanic & Atmospheric Administration issued weather watches or warnings is strictly prohibited. The Lessor recommends the Lessee uses a weather radio, weather apps, and other governmental weather resources to observe for any forthcoming or current watches and warnings for the location I will be recreating in.

During the event of any other emergency that is declared by local, State, or Federal officials, I will seek safety accordingly and cease the use of the Equipment.

 

No modifications or accessory attachments to the Equipment will be made without written approval from Experience Formations LLC, unless the item has been added during the reservation transaction. For example, child transportation trailers, seats, child carrier backpack, or other such attachment is strictly prohibited when using any Equipment item. Only one operator/passenger is allowed per Bicycle, Paddleboard, Kayak, pair of Skis, pair of Snowshoes, chair, hammock, or tent unless otherwise specified by the manufacturer (like a tandem Kayak, for example). I will not use the Equipment in any environment or condition that exceeds my comfort or ability level.

 

The Equipment will never be used in a manner that is considered dangerous, harmful, or irresponsible by a reasonable person. For example, using an electric Bicycle in rainy or submersed conditions, charging an electric Bike unsupervised, using any Bike on the beach or in saltwater, riding a Bike on terrain it is not designed or equipped for by the manufacturer, riding on terrain not permitted for use, exceeding posted speed limits or settings required by a land owner or law; paddling in water conditions that exceed manufacturer or Lessor recommendations, paddling in congested boat traffic areas, not wearing a PFD whenever conducting a water activity, diving from waterborne Equipment; Skiing on steep, narrow, icy or rock exposed terrain; operating a camping stove inside a tent, installing or using a tree tent higher than three (3) feet from the lowest point of ground level; using beach Equipment within the reaches of a rising water level or in windy conditions; kiting near powerlines; or playing disc golf near or within vehicular traffic lanes or near or on hazardous terrain.

 

Equipment will not be abused, neglected, or unsupervised. For example, unattended beach Furniture, Bikes (which are especially prone to theft), coolers, and any other Equipment item I lease is at high risk of theft that I am ultimately responsible for the protection and replacement of during possession. Bicycle, Kayak, and Paddleboard locks are usually available for purchase; regardless, I will acquire and use an appropriate locking device that can increase the secure storage and safekeep of the leased Equipment in which I am solely responsible for. Many common security cables can be easily cut; I will keep this in mind as I decide how to best reduce my risk of Equipment theft.

 

Equipment safety inspections will be made by the Lessee before any use (operating, storing, securing, occupying, or moving the Equipment) and during electronics charging cycles. The safety and care verbiage detailed herein shall be accepted as additional information beyond other information provided through separate resources and Agreements, including those detailed within the Owner’s Manual for each model.

Supervision & Accompaniment of Minors: All Minors (aged 17 years old and under) require the supervision accompaniment of an adult during the handling, use, or care of the Equipment. I am aware that each Equipment item for lease entails height, weight, ability, and age restrictions. Those restrictions are listed herein under each respective Equipment category. For instance, no person under the age of 16 years shall be permitted to use electric/motorized Bicycles made available by Experience Formations LLC under any circumstance. I am completely responsible for all claims and shall assume all risks of harms, death, damage, or loss to persons and property involving a Minor’s use of the Equipment.

Self-Transport & Use of Leased Automobile Racks:

·        The transport of each and all Equipment that I lease is of my own responsibility and at my own risk. Unless I hire the Lessor to deliver and retrieve the Equipment, I am choosing either to:

1.      transport the Equipment using my own transport vehicle, devices, and methods

2.      lease the use of Lessor-supplied transport devices (Rack Equipment) designed to be used on automobiles in a manufacturer-specified manner to aide my transport of leased Equipment—limited to hitch racks for Bikes, rooftop attachment type devices (using an existing bar system) for Kayaks and Paddleboards, and rooftop cargo boxes (using an existing bar system) for hauling smaller items on a vehicle’s roof. 

3.      or purchase a brand-new (never used) transport system from Experience Formations LLC.

·        In all cases of Equipment pre-loading procedures (like the removal of battery, seat, or other accessory), loading, installing of transport devices, securing Equipment to transport devices, operating transport devices, removing transport devices, and otherwise transporting devices and Equipment, I am completely and solely responsible for all risks of hazards, damages, injuries, and deaths that may occur including damage to my own property or others (including to drive-thru overhangs, bridges, car wash Equipment, or to garage bays), highway accidents I cause, and other incidents. I am accepting all risks and future claims involved with the transport of Equipment and the use of Rack Equipment. I release the Lessor (the “Releasees”) of all injuries, death, loss, and damage and other claims that can be caused by my improper or incomplete use of Rack Equipment and my improper or insufficient techniques used to secure Equipment to the Rack Equipment and vehicle.

·        I will complete an Equipment Safety Inspection before each use of all Equipment within my possession and on behalf of others in my Party.

·        I will inspect the Equipment’s secure attachment after it is loaded for transport to ensure all handles, buckles, clasps, straps, hooks, wedges, clips, sockets, receivers, pins, hinges, rivets, screws, covers, bolts, clamps, nuts, locks, cradles, pads, ratchets, ropes, and other hardware and mechanisms show no signs of fatigue, damage, failure, inadequate tension, improper weight distribution, missing parts, missing attachments points, or modifications. This will include—however, is not limited to—checking that proper straps are used, straps are tight and maintaining tension, and that items are secure enough not to move freely, become detached, or unwantingly removed or damaged while loading or moving in the wind, for example.

·        I will lubricate any component if and when a manufacturer recommends it using only manufacture specified lubrications and will follow its instructions when doing so. I will tighten any connection point to manufacturer requirements and test all mechanisms before applying the Equipment’s load to any transport device, especially in consideration of wind, vibration, rain, snow, and other forces that will significantly affect the Equipment’s safe transport. All latches and locks will be properly activated.

·        I will remove any loose, fragile, bulky, or obstructive object that may be attached to the Equipment before loading and transport. This includes Kayak seat(s), Paddleboard fin(s), Fishing rod holder(s), GoPro mount(s) and camera(s), dry bag(s), paddle leach(es), cooler(s), hatch cover (unless able to be latched), fabric items, batteries, computers, personal items (like sunglasses and water bottles), and other similar items.  

Bicycle Safety & Care:

 

Rider Height & Weight:

·        Each Bike has minimum and maximum height and weight limitations—as specified by the manufacturer, per the Owner’s Manual—that I will ensure are never exceeded.

o   For most Bikes the Lessor offers for lease, the height limits are: 4’ 11” to 6’ 2”, with some models allowing riders up to 6’ 4”.

o   For most Bikes the Lessor offers for lease, the weight maximum is 225 lbs. Some models offer higher weight maximums, in which I will observe and abide by in accordance with the manufacturer specification.

 

Helmet & Other Personal Protection:

·        The provided properly fitted Bicycle helmet that has multi-directional impact protection (MIPS) will be worn for the full duration of every biking activity when riding the leased Bicycle. I will wear it properly, which includes using a snuggly adjusted chin strap and head circumference strap.

·        I have been advised to wear other protective Bicycle personal protection Equipment such as elbow/forearm and knee/shin armor when riding an electric or traditional Bike—including a face shield—which I understand are products I should acquire and wear in preparation of each ride.

·        Approved helmets are available for rent on an individual basis to accommodate other riders in my Party; the selection and use of the helmet and other protective Equipment is of my responsibility and all assumed risks associated.

 

Know & Follow Vehicle Code:

·        When riding on streets and roads, the rider is considered a motorized vehicle and vehicle driver from the purview of the law. Therefore, NO RIDER UNDER THE AGE OF 16 SHALL BE PERMITTED TO RIDE AN ELECTRONIC BICYCLE (E-BIKE) UNDER ANY CIRCUMSTANCE. I  will ensure I and any other riders in my Party know and follow all vehicle laws, professional advice, cautionary notices, and Lessor policies to include:

o   stopping at stop signs and red lights

o   using appropriate lanes

o   yielding when the rider does not have the right-of-way

o   using turn signals when appropriate

o   using visibility lights in dim or dark conditions

o   ensure reflectors are unobstructed and present on the sides, rear, and front of the Bike

o   riding predictably in a straight line in anticipation of sudden hazards that may appear

o   avoiding sudden stops when possible

o   maintaining speeds 20 miles-per-hour (mph) or less when assisted by electric motor

o   obeying all speed limits

o   using a bell, horn, whistle, or voice alert of at least 92 decibels (dB) when alerting others of encroachment

o   using and maintaining a safety inspected and passable Bike of my approval

o   using mirrors to assist with maintaining 360-degree awareness of a rider’s surroundings

o   avoiding terrain or conditions, like rain, ice, or salt, that will deteriorate, damage, or cause failure to any part of the Bike which could render it immediately unsafe

 

Know & Follow E-Bike Rules for the Riding Location:

·        Most but not all states have adopted the E-Bike model legislation (the “Class I, II, III” rules) that regulate who can ride E-Bikes and where they can be ridden. For Maine, the rules are as follows—and will be strictly adhered to by me and my Party:

o   The top speed is limited to 20 mph; the motor size may not exceed 750 watts.

o   These E-Bikes are usable in most places as traditional Bicycle can be used (within the limits of the manufacturer’s specifications), except for mountain Bike trails, unless the trail manager or owner permits them.

o   Regardless, I will never operate an E-Bike on terrain that has an unprepared surface (rocky, exposed roots, lack of bridges, muddy, marsh, beach, or similar terrain). Gravel, packed dirt, and paved paths are permitted. I understand slippery leaves, pine needles, and wet terrain are incredibly dangerous and will be as careful as possible not to cause personal harm or property damage as a result of operating in those such conditions.

o   Children under the age of 16 may not operate an E-Bike in Maine.

 

Safety Checks:

·        Anyone can perform basic safety checks before riding. I will alert the Lessor or local safety related authorities if I detect a safety deficiency and will not operate the Equipment until resolved. I understand that some of the safety checkpoints I need to review include:

o   The battery and motor will be carefully observed for any excess heat, any moisture or water exposure (strictly prohibited), shutdowns, sudden jolts, and battery cracks, smoke, noise, bulging, or leakage (this poses an extreme explosive or fire hazard! – unplug the charger if connected and leave the surrounding premises immediately).

o   The battery will never be charging unattended nor charging in an enclosed space or in especially humid/moist, or extreme hot or cold environments.

o   The battery will never be charged while plugged into an outlet that does not meet current building code nor plugged into an outlet via power strip or extension cord. It will not be charged after reaching 100% of its capacity nor left below 20% of its capacity.

o   I will ensure the tires are adequately inflated; not over-inflated nor under-inflated. A good rule of thumb is to maintain tire pressure within 10 PSI of the maximum PSI listed on the sidewall of each tire, but not more than the maximum PSI. I will consult with a professional for general information as to what tire pressure to use appropriate to a rider’s weight, ability, and terrain.

o   I will test each brake level while moving the Bike forward and backward while standing to ensure smooth operation. While the wheels and discs are moving, I will listen and watch for griding, rubbing, screeching, wobbles, hissing, or other unusual sounds or movements when rotating the wheel while using the levels to actuate the brake mechanisms. I understand there shouldn’t be anything unusual detected.

o   While attempting to rotate, twist, push, and bounce the steering, steering column, and fork components—including bearings, cups, axles, joints, braces, bars, grips, stanchions, sleeves, and other hardware—I will watch for looseness, slippage, wobbling, cracking, splitting, grinding, clunking or other unusual indicators. These are signs of an unsafe Bike. If oil is visible above or below suspension components, this could be a sign of a leak and will also be noted and reported.

o   I will look over the wheel assemblies to check for rim dents, gaps between the rims and tires, broken or loose spokes and sprockets, loose axles and quick release levers, warped rims, and any unusual sounds like grinding.

o   The frame will be carefully inspected to see if any cracks or other deterioration or failure exists along each tube and at each joint.

o   While rotating and pulling outward on the pedal arms and pedals, I will feel for any looseness or grinding. I will check for looseness in the axle bolts and other connection points.

o   I will test that the seat and seat post are firmly attached and at the right height for the rider, ensuring safe and comfortable dismount and pedaling height.

 

·        Passengers are Not Allowed

o   A trailer, seat, rack (whether existing on the Bike or not), handlebars, lap, top tube, or any other method a passenger may be towed, carried by, or mounted to is strictly prohibited. This could cause catastrophic failure of the frame and its components, make stopping impossible, and pose a major risk of injurious accident, death, or otherwise.

o   Pets are not allowed to occupy any Equipment.

 

·        Understanding E-Bike Motor & its Components

o   Powering the motor on and controlling its function is an entirely different experience than a traditional Bike. Riders will get to know how the controls work under both normal operation and during an emergency. The Bike will never be ridden until the rider becomes comfortable with how the Bike functions in its entirety.

o   I will always reference the User Manual when preparing to operate and while testing the Bike.

o   Generally, the electric motor will turn on when the E-Bike is powered on and when the pedal crank arms are turned; I also understand that the electric motor may be turned on and controlled by pressing a throttle lever.

o   I completely understand that the rider will experience a risk of accident if the rider accidentally engages the motor without intending to, especially while corning on a wet road or on slippery leaves. In fact, there are numerous instances when the uncontrolled or unexpected power and acceleration of an E-Bike motor can cause slippage, sudden starts, jerking motion, or other actions that pose a significant risk. I will be cognizant of this reality.

o   When the rider does not need the benefit of the E-Bike motor, it will be powered down. This means I will ensure the motor’s pedal assist setting is brought down to zero (if this feature is available) and then powered down after each ride and during any stops taken during the ride.

o   I  am aware that the motor on most E-Bikes is automatically interrupted when brake levers are pulled. In the event of a panic-induced stop, the motor will still turn off with this type of design.

 

·        Caring for the Electrified System of the E-Bike

o   I will always remove the battery for transport of the Bike and keep it in a cool, dark, and dry place. Batteries weigh as much as 15 lbs. and therefore, if dropped, will damage the battery to a point of failure and potentially trigger a fire or explosion; I will be extremely careful when handling, and otherwise using the battery.

o   A crack in the housing is a serious issue that means the battery must not be used until professional repair—I will not attempt to repair any electrical component of the E-Bike myself.

o   I will never use an aftermarket battery charger, power strip, extension cord, or any other aftermarket component to charge, power, control, or otherwise maintain the electrical system of the E-Bike. This can cause a fire or explosion.

o   I will always follow the manufacturer’s guidance for charging, storing, and handling the E-Bike battery and other components.

o   While in my possession or that of my Party, the E-Bike will never be charged while unattended and never charged overnight while sleeping or otherwise preoccupied.

o   If the battery is not increasing its battery life while charging, I will cease the use of the charger and battery immediately.

o   If the battery is rapidly losing its charge while not being used by the E-Bike system, I will immediately cease the use of the battery.

o   I will take extreme care not to drop the E-Bike or its components and WILL NEVER SUBMERGE THE E-BIKE OR ITS COMPONENTS NOR EXPOSE THE E-BIKE OR ITS COMPONENTS TO SALTWATER OR INTERMITTENT LIGHT SPLASHES OR DROPLETS OF WATER. If a rainstorm begins, I will immediately seek cover and await the rainstorm to end before exposing the E-Bike to the elements again.

 

·        Accessories

o   Accessories that I lease shall be cared for as though they are my own. I will use them properly and understand that they’re main purpose is to improve safety, convenience, and reasonable enjoyment.

o   Those accessories can include mirror, bell, horn, whistle, additional lights, dry bag, transport device, tackle, net, gloves, GoPro mount, Bike pump, kick stand, and more.

 

Kayaking & Paddleboarding Safety & Care:

User Age & Weight:

·        I understand that Children 10 years and older are allowed to use a Kayak or Paddleboard but they must always be in the accompaniment and supervision of their parent or guardian.

·        Children 10 and under are not permitted to use this Equipment in any manner.

·        Children 14 and under must always ride in a tandem hull with an adult.

·        Each hull has a maximum weight limit, as specified by the manufacturer—per the Owner’s Manual or other official manufacturer guidance—that I will ensure is never exceeded.

·        I understand that the capacity ratings include payload in addition to the user(s’) weight.

 

Safety & Convenience Devices:                                                                                

·        I understand all Users are required to wear an approved U.S. Coast Guard Certified Personal Floatation Device (PFD) at all times when occupying any body of water (regardless of how shallow or deep) while in or outside of a Kayak or any other Equipment—no exceptions; I will completely abide and enforce this rule.

·        The Lessor issued PFD that is included in my Equipment rental will always be worn by each paddler and passenger, regardless of local, state, or federal law requirements and even if I believe myself or others to be an expert level swimmer. It will be worn properly by ensuring all straps are tightened enough to allow the jacket to fit snuggly; all zippers will be zipped up to their fullest length. I will read the label printed on the inside of the PFD to understand how the PFD is rated and should be worn specific to the User.

·        A whistle is included to use in the event I need to signal help or caution.

·        A paddle leash is included with my Paddleboard rental to prevent loss of paddle, should it fall overboard.

·        I understand I am responsible for any lost, damaged, or stolen Equipment.

·        A dry bag may be available to me for lease or purchase to contain items at my own risk. It needs to be lashed to the inside of the watercraft to prevent loss; it’s seal must be activated using the roll-top feature to prevent water from accessing its contents.

·        I understand that the Lessor is not responsible for any of my personal belongings’ condition, whereabouts, or my or others’ safety and decisions of use.

·        A strobe light may be available to me for rental or purchase to be used in the event of an emergency; however, night paddling (after dusk) is not allowed.

·        A map may be available to me for rental or purchase.

·        A wheeled cart to transport the Kayak on land by hand to aide me in launching or retrieving the Kayak to/from the water may be available to me for rental or purchase.

 

Equipment Safety Checks, Maintenance & Protection

·        I will inspect each Equipment item within my possession at the time of rental pick-up or delivery on behalf of my Party. In summary, I will ensure the following:

o   each PFD is in serviceable condition without rips, tears, or deterioration that could diminish buoyancy, wearability, and the forces of rushing water, snags, or other extremes. I will ensure the PFD fits within the size range and weight limits associated with the User. All buckles and zippers will be used when wearing; all will be working before wearing.

o   Each hull will be inspected for any leaks, excessively worn/thin areas, separation, missing drain plug(s), seam issues, seepage, water logging, missing fins, and other similar issues.

o   Each inflatable hull will be inspected thoroughly for any air leaks, excessive sagging, strange bulging, delamination, and other safety related damage.

o   Paddles will be inspected for cracks, loose blades, stuck ferrules, splintered shafts, water logging, and other related issues. I will ensure the paddle is always used with a paddle leash if in moving water (which includes the York River).

o   All accessories will be property reviewed to ensure complete function, battery life, and all items will be tethered to the deck or stowed under deck to prevent loss or damage.

o   I will never drag a hull or other Equipment along rough and abrasive surfaces such as rocks, gravel, tar, cement, or pebbles. This causes unnecessary and excessive wear and tear that I will be charged for. I understand that I have the option to rent or buy devices that assist me with transporting the Equipment across rough surfaces. I understand that paddling with another person can mean I will have assistance in moving the Equipment without causing harm to it.

o   I will make best efforts to store all Equipment out of the elements, including out of the sun.

o   I will inflate Paddleboards between 15 and 18 PSI to prevent excess sagging and therefore instability, poor performance, and increased likelihood of rupture.

o   I will not use an inflatable device while floating over sharp objects like rocks, stumps, or sticks.

 

Paddling Conditions, Hazards & Precautions:

·        All local, State, and Federal Navigation Rules will be followed in accordance the laws and other rules.

·        As required by law I will report any boating accident or injury to the local reporting authority—either the U.S. Coast Guard or other agency that has been delegated that authority.

·        I will not operate watercraft in conditions beyond Class II—especially if I or others are uncomfortable or hesitant to any degree. I will not operate watercraft within waters not considered Inshore or Inland as defined by the US Coast Guard, never exceeding 500 yards of distance from the shore of the mainland (islands and rocks surrounded by four sides of water does NOT constitute the mainland).

·        I accept that all paddling must occur within what are commonly referred to as protected areas; usually harbors, coves, bays, estuaries, slow moving rivers, ponds; and away from ledges, exposed rocks or stumps, beaver damns, crashing waves, whirlpools, downed trees, hanging wires, low bridges, through culverts, over waterfalls, in Class III conditions or higher, and the like.

·        I will never paddle while under the influence of drugs or alcohol.

·        I will never conduct trip without firstly gaining a complete understanding of the conditions, speed, distance, Equipment, and resources I need to maintain safety for all involved.

·        I recognize and agree that it is my responsibility to review tide charts and other water conditions to understand the variable risks of being swept by strong currents, carried out to sea by strong waves, pummeled by rolling waves, carried by gusty winds, drowned by sinking or capsizing, or stranded by exposed mud flats, sandbars, or other obstacles that could prevent me from accessing shore.

·        I have researched, fully recognize, and completely accept that water and air temperatures create extreme dangers to me and my party’s personal safety; cold water and air temperatures common during all times of the year in New England can cause immediate onset of hypothermia which can lead to death.

·        I am aware of various personal protective gear, like wetsuits and drysuits, that, when combined with other apparel and devices, can help me improve my ability to survive cold water impacts.

·        I realize that a wetsuit is available to me for rental as part of my rental package.

 

Camping Equipment:

·        I will complete an Equipment safety condition inspection before each use of all Equipment within my possession and on behalf of others in my Party. If any safety deficiencies are detected, I will not use the Equipment in any capacity.

·        I will never allow Children under the age of 10 years old to use a Tree Tent or Hammock, even when accompanied by an adult and even if the Tree Tent or Hammock is set up on ground level.

·        A Minors under the age of 18 years will never use a flame or spark producing device to ignite a fire when any Equipment is in possession by the Lessee or its Party.

·        I will agree to explicitly follow all manufacturer installation, use, and maintenance instructions or parameters when handling, using, or caring for all Equipment including ignitors, stoves, fuel canisters, tree/ground/beach tents, hammocks, and other items. I will only use approved fuel canisters and cooking devices when operating the stove Equipment.

·        The maximum height I will setup/install and occupy a Tentsile Tree Tent or Tentsile Hammock is three (3) feet of suspended height above the lowest point of ground.

·        I will always anchor the leased Tree Tent to three (3) trees of substantial strength and living condition, never over a fire/fireplace, or in interference with rocks, tables, stumps, or other objects along the entire span of a tent or hammock.

·        Before every use I will perform a visual and tactile inspection of all tent and hammock materials, tensioning devices, stakes, hammers, zippers, coatings, grommets, adjustment buckles, clasps, hooks, webbing, mesh, seams, and other areas to ensure all components function property and can bear the recommended weight(s) of user(s).

·        The access point to climb upon the Tree Tent or Hammock will be obstruction free and the height will be low enough to make climbing into the Tree Tent or Hammock easy; I will assist others in my Party to ensure they do not fall or injure themselves in any way.

·        When using ratchets and straps, I will inspect them closely and put the ratchets into the LOCKED position before any weight is applied to the hammock or tree tent structure.

·        No jumping, rolling, flipping, diving, summersaulting, or other acrobatic movements of will occur while using any Tree Tent (or other tent), or Hammock—I understand such movements are strictly forbidden are not activities associated with lounging or sleeping which I agree are the sole purposes of the Tree Tents and Hammocks. This Equipment will not be treated as a toy, such as a trampoline.

·        No fire or naked flame will be used anywhere near the Equipment except for metal cookware and stove system or cooking surfaces; I understand this to be especially true for all tents, sleeping bags, mattresses, pillows, clothing, tarps, hammocks, and other Equipment.

·        No intoxicating substances will be consumed during the use of any Equipment including tree tents, hammocks, and other products. I nor others in my Party will be under the influence of drugs or alcohol while using the Equipment, as stated elsewhere herein. All Equipment requires complete understanding, operator awareness, and unhindered balance, stability, mobility, quick and precise decision making, and more to improve the likelihood the persons and property will remain or become safe.

·        I will not use sharp objects while using any Equipment item including during setup/installation, operation, transport, or handling.

·        All hammocks that are not made by Tentsile will be set no higher than 18 inches from the ground.

·        All stove parts will be examined for any leaks and I will gain a complete understanding as to how stoves and all other Equipment is supposed to be set up, adjusted, regulated, and otherwise operated, maintained, stored, and transported before every use.

·        I will read and adhere to all manufacturer’s instructions and heed all warnings and precautions without fail.

·        I will dry wet camping Equipment whenever feasible and return the Equipment in an uncontaminated, dry, and debris free condition.

·        Inflatable mattresses or pillows will be guarded from puncture, staining substances, and moisture.

·        The storage of fuel canisters and other camping items will not be done in prologued or extreme heat, especially because of risk of explosion or fire which could destroy my vehicle or cause a forest fire.

Fishing Equipment:

·        Fishing pole/reel combinations are strung with Fishing line and equipped with leader, swivel, and other basic rigging for the start of the Lessee’s rental reservation for my convenience; I know I am responsible for the upkeep of the line, rigging, tackle, and any accessories I lease as part of the Fishing Equipment package I build. This means I agree to replace any missing line and other leased items that I use beyond the allowed loss amount of one (1) full spool (about 100 meters of line), one (1) leader, and one (1) swivel.

·        It may be in my best interest to buy tackle, spare line, and other items that I may damage or lose so that I may get the most use out of my pole/reel rental period (if I run out of Fishing line or lose rigging/tackle, it will mean I can no longer catch fish!).

·        I will follow all local, State, and Federal Fishing laws pertinent to age, residency, water source, time of year, the limits of the fishing gear, and the durations I wish to fish. I will never seek out or keep fish that are not permitted to be caught or kept nor use illegal bait, lures, or contraptions to catch, store, or transport fish. I understand that rubber worms and lead sinkers are frowned upon or illegal to use, as they endanger wildlife.

·        I will never use spears, harpoons, bow-and-arrow, and other devices that are not traditionally and commonly used within the State, County, or Town to fish with.

·        Any line or tackle items that I lose or remove shall be retrieved to the best of my ability without compromising my safety or the safety of others; I will never intentionally discard items into the water or on land which would create a hazard to wildlife.

Beach & Yard Games Equipment:

·        Beach chairs, loungers, and other seating (Equipment) are weight rated by the manufacturer as published on the product or viewable on the manufacturer’s website; I will never allow the weight capacity to be exceeded. Each chair will be assembled to manufacturer’s instructions and set up on stable ground.

·        Beach tents (canopies are unavailable) (Equipment) must be set up per manufacturer instructions with generous distance from other parties and traffic areas in the event the tent is blown by the wind and hits or obstructs a person, vehicle, or the like. I understand that it is my responsibility to supervise the Equipment in a manner that allows me to prevent this from happening or quickly retrieve the tent should such an incident unfold.

·        Beach carts (Equipment) may be available for the transport of typical beach supplies like coolers, clothing, chairs, umbrella, Fishing poles, toys, and other similar Equipment or Lessee owned items. They are to be used in accordance with manufacturer recommendations and not submerged or left to roll away. Quite strictly, they are not to be dropped, bounced, tumbled, tipped, or used for the transportation of any person or animal—I completely appreciate the risks of harm to persons, animals, and property such uses (abuse) would impose. I will use the beach cart on designated terrain or paths only; not on roadways except to cross it in an official pedestrian crosswalk. The beach cart will only be pulled by a walking person within pedestrian and approved recreation areas; never to be powered or towed by another device.

·        Yard Games like Disc Golf and Bocce (Equipment) will be used in approved areas only, as they require large spaces and distances from property and other persons to be considered safe activities. I will never use Yard Games Equipment in a manner different than designed and in areas that are occupied by other people, animals, and sensitive wildlife zones.

Winter Sports Equipment:

·        I will complete inspect the Equipment for any safety deficiencies before each use of all Equipment within my possession and on behalf of others in my Party. I will not use the Equipment if any safety issues are present.

·        No Child under the age of 12 will use Winter Sports Equipment. All children 12 years or older must be accompanied and supervised by an adult.

·        I will ensure proper sizing and fitment to manufacturer recommendations, including height, weight, ability, footwear, and terrain requirements that I have for all Equipment. I will be thoroughly prepared for frigid temperatures and all other variables and factors associated with recreating outside during the ever-changing weather and snow cover conditions of winter.

·        Each Cross-Country Ski Package includes a pair of Skis, poles, and boots designed only for flat terrain, mild hills, and little to no ice—I will use the Equipment on groomed or packed snow-covered cross-country Ski trails without exposed rocks, roots, limbs, sticks, vegetation, dirt, and other obstacles.

·        Each Snowshoes Package includes a pair of Snowshoes and poles designed for light to moderate winter hiking conditions; I will not use the Snowshoeing Equipment on steep, treacherous, densely wooded, rocky, and unpredictable terrain nor use the Equipment on snow that is more than knee deep.

·        Under no circumstance will I attempt to cross frozen or liquid water surfaces with any Winter Sports Equipment including puddles, marshlands, brooks, streams, ponds, rivers, lakes, and ocean areas. I understand that doing so is extremely dangerous and could result in my death or permanent injury.

·        I will avoid “tree wells” whereby sudden sinking into snow near the base of trees can cause suffocation like the effects of an avalanche.

·        No Winter Sports Equipment is allowed in alpine areas, especially in known avalanche zones, I realize.

·        Like with other human-powered sports, I will observe for oncoming traffic (including speeding snowmobiles) and yield to others using the trail.

·        The Lessor may have available waxes, repair kits, socks, apparel, hand warmers, and other accessories for purchase that will improve my safety and experience, however, I will prepare well in advance for my trip, should those items be unavailable at the time of purchase.

Weather & Emergencies Reminders: I understand and agree that it is my responsibility to review all weather forecasts, prepare for emergencies (such as establishing a communication plan, obtaining communication and emergency alert devices, and planning emergency escape routes), and familiarize myself with the recommendations of emergency authorities in the area(s) I am recreating.

Non-Performance & Termination: I will ask the Lessor any questions I have about the condition, operation, transport, storage, handling, or maintenance of any given Recreation Equipment item I am considering for lease in an effort to gain as much information as I am able. I recognize that if either Party finds fault, concern, discomfort, obstruction, omission, interference, or other issue that could or is compromising safe condition or use during the leased period, the use of the respective Equipment must be ceased and reservation terminated at once. If the reservation termination is the result of a failed Safety Inspection, I accept that the Lessor has an opportunity to validate and, if valid, correct the issue(s) detected to resolve the matter and restore the reservation to an active state within a reasonable period. However, I AM ULTIMATELY RESPONSIBLE FOR ALL DECISIONS AND EXPOSURES INVOLVING MY RESERVATION, TRANSPORT, USE, CARE, AND INCIDENTS THAT WILL OCCUR WHILE THE EQUIPMENT IS IN MY POSESSION.

Lessor is Not a Guide Service, Tour Operator, or Instructor: I recognize and appreciate that Experience Formations LLC does not provide any guided services, tours, or instruction. I understand that ANY ADVICE, SUGGESTIONS, RECOMMENDATIONS, PRECAUTIONS, CONCERNS, COMMENTS, SOLUTIONS, IDEAS, OR RESOURCES COMMUNICATED BY THE LESSOR ARE FOR INFORMATIONAL USE ONLY. I understand and accept that Experience Formations LLC is not a guide service and therefore unlicensed to operate in such a capacity—any information shared with the Lessee shall be considered inadequate for the purposes of ensuring the Lessee’s safety or property protection. No shuttle services exist and therefore the Lessor does not operate a shuttle service or other service whereby customers are transported to an off-site location.

Assumption of Other Risks: I understand and accept that the use of Recreation Equipment involves many risks, dangers and hazards including, but not limited to: mechanical failure of the Equipment, loss of balance; difficulty or inability to control one’s speed and direction; variation or steepness in terrain; rapid or uncontrolled acceleration on hills and inclines; variation or changes in the riding surface including rocks, gravel, cliffs, trees, roots, tree stumps, streams and creeks and manmade structures such as bridges, ladders, berms and jumps, potholes; rough and stormy waters, tidal forces, and invisible hazards like underwater tree limbs; weakened or snapped trees used for the weight-bearing support of tents or hammocks; sharp objects that could deflate an inflatable watercraft; changing weather conditions; exposure to temperature extremes or inclement weather; travel or transport to and from the sites used for associated activities; encounters with domestic and wild animals including dogs, rodents, moose, birds; collision with pedestrians, motor vehicles, other watercraft and cyclists; becoming lost or separated from one’s Party; negligence of other participants; and NEGLIGENCE ON THE PART OF THE RELEASEES.

 

Pets: I understand that the Lessor strictly prohibits dogs and other Pets from using or occupying the Equipment for safety and product damage prevention reasons, among other reasons. I know Pets are at risk for endangerment and harms, including death, and pose risks to the safety of others when occupying or using the Equipment (which is not designed for Pet use). I understand, for example, that Pets can unintentionally or intentionally tear holes in floors of tents or puncture the membranes of inflatable watercraft causing danger to the User. I accept that the Lessor does not accommodate for Pets; no dog appropriate safety devices are provided, for example. I understand that Experience Formations LLC is in no way responsible for the safety of my Pet and the safety of others associated with the actions of my Pet and has made me fully aware that the Equipment is solely designed for the use of persons, not Pets. Any damages caused by a Pet (or otherwise) are to be at the complete fault of the Lessee.

 

Ownership: I understand that the Equipment is and shall always be the sole and exclusive property of Lessor; and the Lessee shall have no right, title, or interest therein or thereto except as expressly set forth in this Lease. Only when the full replacement of an Equipment item is paid for by the Lessee as a result of irreparable damage or total loss does the Lessee own the Equipment in question, made valid by proof of purchase documentation.

 

Repairs: Lessor will furnish all parts, mechanisms, and devices required to keep the Equipment in good mechanical working order prior to Lessee possession. As the Lessee, I will not in any way repair or materially alter the physical makeup of the Equipment unless written Lessor consent has been first obtained. I will respectfully use the equipment, not to be negligent with how I handle it, transport it, or store it.

Default; Remedies: I understand that, in the event of a default by Lessee hereunder, all amounts owed by Lessee to Lessor shall become immediately due and payable. Lessee shall be responsible for any reasonable expenses of Lessor in attempting to recover any amounts owed by Lessee, including collection fees and reasonable attorneys’ fees and costs. Lessor reserves the right to pursue all available civil and criminal remedies against Lessee, including, but not limited to recovering possession of the Equipment, obtaining from Lessee’s credit card any amounts owed, hiring outside debt collection firms or private investigators, filing of criminal charges, and any available civil remedies. These remedies are not exclusive.

Surrender: I, the Lessee shall return the Equipment to Lessor on the required date per the terms of the rental reservation contract. Equipment will be returned in good repair, condition, and working order, ordinary wear and tear resulting from proper use thereof alone excepted. Ordinary wear and tear to be reasonably determined at the discretion of the Lessor. Lessor’s acceptance of the Equipment upon return by Lessee shall not represent Lessor’s determination as to condition of Equipment upon return. Lessor reserves the right to accept Equipment upon return by Lessee and make determinations regarding the condition of the Equipment within a reasonable amount of time. Lessor’s determination as to the condition of the Equipment upon return by Lessee is binding.

Indemnity: I, the Lessee, knowingly and freely assumes all risks associated with the use of services and products provided by Experience Formations, LLC, both known and unknown, and assumes full responsibility for the use and/or handling of the Equipment or Service, whether by Lessee, their traveling companions, their guests, their Children, or any other person. I understand that, although the Lessor may provide safety items to accompany the Equipment, Lessee agrees that Lessor is not responsible for providing proper safety items with the Equipment or for ensuring that any such items are used properly or will fit or function properly.  I accept that proper selection, obtainment, use, and safekeep of safety items are of my responsibility and complete acceptance of all risks and harms this responsibility immediately incurs. I, THE LESSEE, HEREBY AGREES FOR MYSELF, AND ON BEHALF OF MY HEIRS, ASSIGNS AND PERSONAL REPRESENTATIVES, TO INDEMNIFY AND HOLD HARMLESS LESSOR AND ITS AFFILIATED COMPANIES, AND EACH OF THEIR RESPECTIVE OWNERS, MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, AND THE OWNER(S) OF THE PROPERTY WHERE ANY EQUIPMENT IS DELIVERED, AND HEREBY RELEASES EACH OF THEM, FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, LOSSES, DAMAGES, EXPENSES AND PENALTIES, INCLUDING REASONABLE ATTORNEYS’ FEES AND COSTS, ARISING FROM, RELATED TO, OR CONNECTED WITH ANY INJURY, DISABILITY, DEATH, LOSS OR DAMAGE TO PERSON OR PROPERTY OF ANY CHARACTER CAUSED BY THE USE, MISUSE, HANDLING, STORAGE OR TRANSPORTATION OF THE EQUIPMENT OR SERVICE BY ANY PERSON DURING THE TIME THE EQUIPMENT OR SERVICE IS RENTED OR USED BY LESSEE OR WHILE THE EQUIPMENT IS IN THE POSSESSION OR CONTROL OF LESSEE.

Waiver, Severability & Binding Agreement: I understand that this contract may not be modified orally, and a waiver or modification of any provision shall not be construed as a waiver or modification of any other provision herein or as a consent to any subsequent waiver or modification. I consent to the release by any third Party to Releasees and their insurance carriers of my name and medical information that may relate solely to any injury or death I may suffer arising from the event. I understand that every term and provision of this contract is intended to be severable; if any one or more of them is found to be unenforceable or invalid, that shall not affect the other terms and provisions, which shall remain binding and enforceable. I understand that the failure of either Party to enforce any provision of this Agreement shall not be deemed a waiver or limitation of that Party’s right to subsequently enforce and compel strict compliance with the same or any other provision of this Agreement.

 

Typographical Errors: I accept that, in the event any Equipment is listed at an incorrect price due to typographical error or error in pricing information received from Lessor’s suppliers, Lessor shall have the right to refuse or cancel any orders placed for such Equipment listed at the incorrect price. Lessor shall have the right to refuse or cancel any such orders whether the order has been confirmed and Lessee’s credit card charged. If Lessee’s credit card has already been charged for the rental and Lessee’s order is canceled, Lessor shall immediately issue a credit to Lessee’s credit card in the amount of the incorrect price.

Entire Agreement: I accept that, this Agreement, along with the Order Confirmation or Rental Reservation Contract (or similar) I obtained from the Lessor, constitutes the entire Agreement between the parties with respect to the subject matter hereof, and it shall not be amended, altered, or changed except by a further writing signed by the parties hereto. Lessee may not assign this Agreement without the prior written consent of Lessor, which consent may be withheld for any reason.

Survival: I recognize that my obligations under this Agreement shall survive the expiration or cancellation of this Agreement for any reason.  I accept that, if Lessee is more than one person, then each such person shall be jointly and severally liable for the obligations of Lessee hereunder.

Attorneys’ Fees and Costs: In the event of any claim, dispute, action, or controversy regarding this Agreement, including any litigation, mediation or arbitration, the prevailing Party shall be entitled to recover its reasonable attorneys’ fees and costs from the other Party, whether such fees and costs are incurred before or at trial, on appeal, during any post-judgment collection action, or otherwise.

Limitation of Liability: ALL EQUIPMENT IS PROVIDED “AS IS.” LESSEE ASSUMES ALL RESPONSIBILITY FOR ALL EQUIPMENT WHILE IN LESSEE’S POSSESSION. LESSEE WILL BE SOLELY RESPONSIBLE FOR ANY LOSS, THEFT, DESTRUCTION OR DAMAGE OF THE EQUIPMENT. LESSOR ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE BOOKING WEBSITE, OR FOR ANY FAILURES, DELAYS, OR INTERRUPTIONS IN THE DELIVERY OF ANY CONTENT CONTAINED ON SUCH WEBSITE. TO THE FULLEST EXTENT PERMITTED BY LAW, LESSOR DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES ABOUT THE EQUIPMENT LESSOR DELIVERS, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, LESSOR DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THE BOOKING WEBSITE IS ACCURATE, COMPLETE, OR CURRENT. IN NO EVENT SHALL LESSOR BE LIABLE TO LESSEE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING LOST PROFITS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF ANY EQUIPMENT OR THE INFORMATION ON THE BOOKING WEBSITE OR THE USE OR PERFORMANCE OF ANY GOODS OR SERVICES PROVIDED BY A THIRD PARTY.

By signing this Agreement, I agree:

TO WAIVE ANY AND ALL CLAIMS that I have or may in the future have against the RELEASEES AND THE EQUIPMENT MANUFACTURERS AND DISTRIBUTORS AND TO RELEASE THE RELEASEES from any and all liability for any loss, damage, expense or injury, including death, that I may suffer or that my next of kin may suffer, as a result of my participation in electric biking, use of watercraft, DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, BREACH OF CONTRACT, OR BREACH OF WARRANTY ON THE PART OF THE RELEASEES IN RESPECT OF THE DESIGN, MANUFACTURE, SELECTION, INSTALLATION, MAINTENANCE, INSPECTION, SERVICE OR REPAIR OF THE EQUIPMENT, or in respect of the provision of or the failure to provide any warnings, directions, instructions or guidance as to the use of the Equipment;

This Release Agreement shall be effective and binding upon my heirs, next of kin, executors, administrators, assigns and representatives, in the event of my death or incapacity.

This Release Agreement and any rights, duties, and obligations as between the parties to this Release Agreement shall be governed by and interpreted solely in accordance with the laws of the state of Maine and no other jurisdiction; and

Any litigation involving the parties to this Release Agreement shall be brought solely within the state of Maine and shall be within the exclusive authority of the Courts of that State.

In entering into this Release Agreement I am not relying on any oral or written representations or statements made by the Releasees with respect to the safety of participating in Kayaking, Tubing, Paddleboarding, Fishing, Electric Biking, Fat Biking, Mountain Biking, Cross-Country Skiing, Backcountry Skiing, Snowshoeing, Winter Hiking, Birding, Moose Watching, Beach Equipment use, Camping (or “glamping”) inclusive of Tree Tenting and Hammock use (hammocking), use of GoPro Action Camera Equipment, use of Transport or Rack Equipment, use of yard Games, or any other Equipment made available for lease by the Leasor. 

 

To use any Equipment or benefit from any other related services, events, and activities Experience Formations LLC may render, I, the undersigned, fully acknowledge, appreciate, and agree that:

1.      THE RISK OF INJURY OR OTHER BODILY OR PHYSICAL PROPERTY HARMS TO OR INVOLVING PERSONS USING OR IN THE VICINITY OF THE RECREATIONAL EQUIPMENT (commonly referred to as “GEAR”) PROVIDED BY EXPERIENCE FORMATIONS LLC OR IN ANY MANNER ACQUIRED BY THE PARTICIPANT IS SIGNIFICANT, INCLUDING THE POTENTIAL FOR PERMANENT PARALYSIS, LOSS OF LIMBS, AND DEATH.

2.      I KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, both known and unknown, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASEES or others and assume full responsibility for my own participation and for those within my Reservation Party, including Minors (those under the age of 18) or unpermitted Pets.

3.      I willingly, without hesitation or resistance, agree to comply with all terms and conditions as a requirement for the consideration or leased use (including operation, transportation, storage, and maintenance) of Rental Equipment.  If I observe any unusual significant hazard during my presence or use, I will remove myself from participation and bring such to the attention of the nearest official immediately.

4.      By leasing Rental Equipment or using any services or events provided or sponsored by Experience Formations LLC, whether on or off the premises, I consent to the use of any photographs, pictures, film, or video taken of me/my Party or by me/my Party for publicity, promotion, television, websites or any other use, and expressly waive any right of privacy, compensation, copyright or other ownership right connected to same.

5.      I, for myself and on behalf of my heirs, assigns, personal representatives and next of kin, HEREBY RELEASE, INDEMNIFY, AND HOLD HARMLESS EXPERIENCE FORMATIONS LLC., its officers, officials, agents and/or employees, other participants, sponsors, advertisers, the United States, the State of Maine, and, if applicable, owners and Lessors or premises used to conduct business or programs of any kind (RELEASEES), from any and all claims, demands, losses, and liability arising out of or related to any INJURY, DISABILITY OR DEATH I may suffer, or loss or damage to person or property, WHETHER ARISING FROM THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE, to the fullest extent permitted by law.

 

I, AS THE LESSEE RESPONSIBLE FOR MYSELF AND ALL MEMBERS OF MY PARTY, HAVE FULLY INFORMED MYSELF AND MY PARTY MEMBERS OF THE CONTENTS OF THIS AGREEMENT BY READING IT PRIOR TO MY ACCEPTANCE OF IT ONLINE OR BEFORE I SIGNED. I READ THIS RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT FULLY AND UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT. I ALSO UNDERSTAND THAT I SHOULD NOT AND MAY NOT HANDLE OR USE THE RECREATION EQUIPMENT OR ANY OTHER PRODUCT OR SERVICE RENDERED BY THE LESSOR IF I AM UNDER THE INFLUENCE OF ALCOHOL OR DRUGS OR BELIEVE TO BE INEXPERIENCED, UNFIT, UNSAFE, INCAPACITATED, OR IN DANGER.

 

THIS SECTION MAY BE COMPLETED ELECTRONICALLY ONLINE THROUGH THE LESSOR’S BOOKING PORTAL AND SHALL BE VALID AND ENFORCEABLE EXACTLY THE SAME AS IF COMPLETED BY HANDWRITING, AS LONG AS THE LESSEE PROVIDED CLEAR INDICATION OF AGREEMENT ACCEPTANCE AS PART OF THE ELECTRONIC CHECKOUT PROCESS.