Item Owner and Renter Waiver

RENTAL AGREEMENT & LIABILITY WAIVER FOR THIS SPECIFIC RENTAL OF A KAYAK, CANOE, OR PADDLEBOARD

By clicking “I Agree” or checking the box designated for acceptance, you, as the Renter (“you,” “your,” or “Renter”), acknowledge that you have read, fully understand, and agree to the following Rental Agreement and Liability Waiver (this “Waiver”) in connection with your rental of the kayak, canoe, paddleboard, and any associated equipment (e.g., paddles, Personal Flotation Devices (PFDs), air pump, safety gear, etc.) (collectively, the “Rental Items”) from [Owner’s Username/Name to be dynamically inserted here] (“Owner”) via the web application (the “Platform”) owned and operated by Rentaverse LLC, a Vermont limited liability company (“Rentaverse”). This Waiver is a legally binding contract and applies to your rental of the Rental Items from Owner. Rentaverse’s Terms of Service and Privacy Policy are hereby incorporated into this Waiver by reference and by clicking “I Agree” or checking the box designated for acceptance of this Waiver you hereby agree to be bound by the Terms of Service and Privacy Policy. The Rentaverse Terms of Service can be found here, and the Rentaverse Privacy Policy can be found here.

1.Renter’s Acknowledgment and Assumption of Risk: RENTER IS AWARE AND UNDERSTANDS THAT THE RENTING, TRANSPORTATION, AND USE OF THE RENTAL ITEMS ARE POTENTIALLY DANGEROUS ACTIVITIES AND INVOLVE THE RISK OF PERSONAL OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING, TEMPORARY OR PERMANENT DISABILITY, DEATH, PROPERTY DAMAGE, AND/OR FINANCIAL LOSS. NOTWITHSTANDING THE RISK, RENTER ACKNOWLEDGES, UNDERSTANDS, AND VOLUNTARILY ASSUMES ANY AND ALL RISKS WHATSOEVER ASSOCIATED WITH RENTING THE RENTAL ITEMS THROUGH THE PLATFORM AND TRANSPORTING AND USING THE RENTAL ITEMS. WITHOUT LIMITING THE FOREGOING, RENTER HEREBY FURTHER ACKNOWLEDGES, UNDERSTANDS, AND VOLUNTARILY ASSUMES THE INHERENT AND SPECIFIC RISKS ASSOCIATED WITH RECREATIONAL ACTIVITIES INVOLVING THE RENTAL ITEMS, ESPECIALLY ON OPEN WATER (SUCH AS LAKES, RIVERS, OR PONDS), INCLUDING BUT NOT LIMITED TO:

• DROWNING, NEAR-DROWNING, HYPOTHERMIA, OR HEAT STROKE.
• PERSONAL INJURY: Such as sprains, strains, fractures, lacerations, concussions, head injuries, spinal cord injuries, paralysis, or death.
• ENVIRONMENTAL HAZARDS: Sudden adverse weather changes (e.g., thunderstorms, high winds, heavy rain), strong currents, waves, tides, submerged objects (e.g., rocks, logs, debris), entanglement in weeds or ropes, or wildlife encounters.
• EQUIPMENT-RELATED RISKS: Capsizing, tipping, sinking, equipment failure (e.g., paddle breakage, hull breach, PFD malfunction, leash snapping), or difficulty controlling the watercraft.
• COLLISION RISKS: Collisions with other watercraft (motorized or non-motorized), docks, shorelines, or other objects.
• PHYSICAL LIMITATIONS & USER ERROR: Overexertion, exhaustion, cramps, dehydration, poor judgment, lack of skill, inadequate preparation, or failure to follow instructions or safety guidelines.
• RESCUE CHALLENGES: Limited or delayed access to emergency medical care or rescue services, particularly in remote or open water locations.
• LOSS OR DAMAGE TO PERSONAL PROPERTY.

RENTER UNDERSTANDS THAT THESE RISKS CAN LEAD TO SERIOUS BODILY INJURY, PERMANENT DISABILITY, OR DEATH. RENTER KNOWINGLY, VOLUNTARILY, AND EXPRESSLY ASSUMES ALL SUCH RISKS, BOTH KNOWN AND UNKNOWN, FORESEEABLE AND UNFORESEEABLE, EVEN IF ARISING FROM THE ALLEGED OR ACTUAL NEGLIGENT ACTS OR OMISSION OF THE OWNER OR THE OWNER RELEASED PARTIES (AS DEFINED BELOW).

2. Renter’s Representations & Responsibilities for This Rental:

• Renter represents and warrants that Renter is at least 18 years of age and possess the legal capacity to enter this Waiver.
• Renter represents and warrants that Renter is physically capable, has the necessary swimming abilities, skills, and experience to safely use the rented Rental Items for Renter’s intended purposes, or will seek appropriate instruction before use. Renter agrees to operate the Rental Item(s) safely, responsibly, and within Renter’s personal limits and according to any safety guidelines provided by Owner or Rentaverse.
• Renter will inspect the Rental Items upon pickup and shall be deemed to have acknowledged receiving the Rental Items in good working order, unless Renter immediately reports any defects or concerns to Owner (and Rentaverse via the Platform) prior to use.
• Renter explicitly agrees to comply with all applicable local, state (including Vermont boating regulations), and federal laws and regulations during the entire rental period for the Rental Items. This includes, but is not limited to, regulations regarding Personal Flotation Devices (PFDs), operation in designated areas, and avoidance of alcohol or drug use while operating watercraft.
• Renter agrees to return the Rental Items to Owner promptly, at the agreed-upon time and location, and in the same condition as received, reasonable wear and tear excepted. Renter is solely and fully responsible for any and all damage, loss, or theft of the Rental Items during the rental period, regardless of cause, up to the full replacement value of the Rental Items.

3. No Insurance Provided by Rentaverse or Owner for the Benefit of Renter: RENTER UNDERSTANDS AND AGREES THAT NEITHER RENTAVERSE NOR OWNER PROVIDES ANY INSURANCE COVERAGE WHATSOEVER FOR THE RENTAL ITEMS, RENTER’S PERSONAL INJURY, DEATH, OR THIRD-PARTY LIABILITY ARISING FROM THE RENTAL OR USE OF THE RENTAL ITEMS. Renter is solely and exclusively responsible for securing and maintaining Renter’s own adequate medical, health, accident, liability, and property insurance to cover any and all risks associated with this rental. Renter relies solely on Renter’s own insurance or assumes all financial responsibility for any damage, loss, injury, or death arising from or relating to Renter’s rental or use of the Rental Items.
4. Release of Liability (by Renter towards Owner): RENTER, ON BEHALF OF HIM, HER, OR ITS SELF AND RENTER’S PERSONAL REPRESENTATIVES, HEIRS, EXECUTORS, ADMINISTRATORS, AND ASSIGNS, HEREBY IRREVOCABLY AND UNCONDITIONALLY RELEASES, DISCHARGES, AND FOREVER COVENANTS NOT TO SUE OWNER AND OWNER’S AGENTS, REPRESENTATIVES, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, THE “OWNER RELEASED PARTIES”) FROM ANY AND ALL CLAIMS, DEMANDS, ACTIONS, CAUSES OF ACTION, SUITS, DEBTS, SUMS OF MONEY, LOSSES, LIABILITIES, COSTS, AND EXPENSES (INCLUDING BUT NOT LIMITED TO REASONABLE ATTORNEYS’ FEES, LITIGATION COSTS, AND COSTS OF INVESTIGATION) FOR PROPERTY DAMAGE (INCLUDING TO THE RENTAL ITEMS), PERSONAL INJURY, ILLNESS, OR DEATH ARISING FROM OR IN ANY WAY RELATED TO THE RENTAL, TRANSPORTATION, POSSESSION, OR USE OF THE RENTAL ITEMS, REGARDLESS OF CAUSE, INCLUDING THE ALLEGED OR ACTUAL ORDINARY OR GROSS NEGLIGENCE OF THE OWNER RELEASED PARTIES. This release is intended to be as broad and inclusive as permitted by Vermont law. Renter acknowledges that Vermont law may place limitations on releases for gross negligence or willful misconduct, and this release is intended to be effective to the maximum extent permissible.
5. Indemnification & Hold Harmless (by Renter towards Owner): Renter agrees to indemnify, defend, and hold harmless the Owner Released Parties from and against any and all claims, demands, actions, causes of action, liabilities, losses, damages, costs, and expenses (including reasonable attorneys’ fees, litigation costs, and costs of investigation) arising out of or related to:

• Renter’s use, misuse, possession, or control of the Rental Items;
• Any actual or alleged personal injury, death, or property damage (including damage to the Rental Items) occurring during the rental period or arising from Renter’s use of the Rental Items, whether to Renter, Owner, or any third party;
• Renter’s breach of any terms, representations, or warranties in this Waiver or the Rental Agreement (as defined in the Rentaverse Terms of Service) terms set by the Owner;
• Renter’s violation of any applicable local, state, or federal law or regulation; or
• Any act or omission by Renter, including but not limited to Renter’s alleged or actual negligence or willful misconduct. 

 

On notice from Owner of an indemnifiable claim under this Section 5, Renter shall immediately take control of the defense and investigation of such claim and shall employ counsel reasonably acceptable to Owner to handle and defend the same, at Renter’s sole cost and expense. Renter shall not settle any claim in a manner that adversely affects the rights of the Owner Released Parties without the Owner Released Parties’ prior written consent, which shall not be unreasonably withheld or delayed. The Owner Released Party’s failure to perform any obligations under this Section 5 shall not relieve Renter of Renter’s obligations under this Section 5 except to the extent that Renter can demonstrate that Renter has been materially prejudiced as a result of such failure. Owner may participate in and observe the proceedings at its own cost and expense.

6. Governing Law & Severability: This Waiver shall be governed by and construed in accordance with the laws of the State of Vermont, without regard to its conflict of law principles. If any provision of this Waiver is found to be unenforceable or invalid by a court of competent jurisdiction, such provision shall be severed, and the remaining provisions shall remain in full force and effect to the maximum extent permitted by law.

7. Knowing and Voluntary Agreement: Renter confirms that Renter has had ample opportunity to carefully read and fully understand this Waiver, including its inherent risk assumptions, releases of liability, and indemnification provisions. Renter acknowledges that this is a legally binding document that significantly affects Renter’s legal rights, including Renter’s right to sue Owner. Renter further confirms that Renter has been advised of the opportunity, and has had the opportunity, to consult with legal counsel of Renter’s choosing regarding this Waiver before accepting it. Renter is not relying on any statements or representations by the Owner or Rentaverse other than what is expressly stated in this Waiver.