Definitions:
“Aberoutdoors” – this includes directors, staff or agents.
“Clients”- any paying or non-paying individual or group of people taking part in any of Aberoutdoors activities.
“Claim”- includes any action, suit, proceeding, claim, demand, cost or expense however arising including but not limited to negligence.
“Hired Products” – water based recreational equipment hired by me from Aberoutdoors.
“Activity” – applicable to services offered by Aberoutdoors. This includes stand up paddle boarding and kayaking taught under instruction or personal hire.
All hire is to be returned to Aberoutdoors on or prior to the specified agreed time as highlighted in the booking.
Participants hiring equipment for unsupervised use from Aberoutdoors do so entirely at their own risk. Whilst Aberoutdoors staff may introduce the equipment and the area of use around the Marina, it is the user themselves that takes responsibility for the use of the equipment, safety of participants and the locations of use.
Aberoutdoors cannot be held responsible for the safety of users of hired equipment.
All equipment is the responsibility of the hirer and should be returned in full working order. Any damages, loss or breakages will be charged accordingly. A copy of a credit/debit card will be required to be held through the period of hire for damage.
I understand and agree to the following:
1: I assume full responsibility for the equipment listed on this Hire Agreement and the associated accessories.
2: I agree to obey all local regulations, and all lawful directives from appropriate emergency or law enforcement personnel, while operating or renting the watercraft. I agree to obtain the required local licences if required.
3: I can operate the equipment and find it in good working order, condition, and repair. I shall not be under the influence of drink or drugs and understand if Aberoutdoors believe me to be so that I shall not be allowed to hire and may forfeit the cost of the booking.
4: I shall bear all risk of damage or loss of the equipment, or any portion thereof, including but not limited to damage and theft and shall pay Aberoutdoors the cost of repair or replacement. I hereby authorise Aberoutdoors to charge the credit card taken during the reservation process for cost of repair or replacement in the event of but not limited to damage, loss, or theft of the equipment.
5: I understand that I am liable for all dirty, damaged, lost, or stolen equipment and any fees associated with the listed equipment, and that all equipment must be returned in good condition as determined by Aberoutdoors.
6: I understand that I am responsible for returning the listed equipment at the agreed upon $me on the due date of the hire period as shown on the Hire Agreement, and that a late fee will be charged for items that are overdue.
7: I agree that it is my responsibility to ensure proper transportation of the equipment on my vehicle and that kayaks/SUPs must be transported using proper restraint devices.
8: I acknowledge that improper loading and attachment of the equipment may result in damage to my vehicle, other vehicles and the equipment.
RECOGNITION OF RISK: I acknowledge that stand up paddling is an activity with inherent risks of injury to persons and property. I am aware of those risks and understand them. Aberoutdoors requires all hirers to always wear a Buoyancy Aid while on the water as well as leashes for SUP’s. I understand the dangers of paddling on tidal or still water and understand that weather can play a factor in paddling safety and that such activities are subject to the unpredictable forces of nature.
RELEASE OF LIABILITY: I hereby release Aberoutdoors, its agents, contractors, employees, and owners from liability for negligence and hold them harmless from any loss, expense, or cost, including solicitors’ fees, arising out of damages or injuries, whether to persons or property, including those not listed on this agreement, occurring as a result of the rental or use of said kayak, paddle board and equipment. This agreement constitutes the entire agreement between me and Aberoutdoors and no term may be waived or modified, including any provision against oral modification, except in writing signed by both parties. There are no warranties, expressed or implied, by Aberoutdoors to me, except as contained herein, and Aberoutdoors shall not be liable for any loss or injury to me nor to anyone else, of any kind or however caused. I have read this agreement and understand it, and I sign it of my own free will. I am aware that this includes a release of liability and is binding on me, heirs, executors, administrators and assigns, or any person claiming by or through me.