Liability Waiver, Assumption of Risk & Release

I understand that I am renting a kayak, canoe, paddle, personal flotation device, pedal-drive equipment, and/or related gear from Sagebrush Outfitters, LLC ("Sagebrush"). Unless Sagebrush separately agrees in writing, the rental is self-guided. This agreement applies to my possession, transportation, loading, unloading, launching, landing, paddling, pedaling, fishing from, handling, and use of the rental equipment, including pickup and delivery activities.

I understand that kayaking, canoeing, fishing, launching, landing, loading, and traveling on or near water involve inherent and other risks that can cause property damage, serious bodily injury, permanent disability, drowning, or death. Risks include, without limitation: changing water levels and currents; cold water and hypothermia; wind, waves, storms, lightning, and sudden weather changes; capsizing; falling overboard; slips and falls; rocks, logs, branches, strainers, debris, submerged objects, docks, ramps, shorelines, and other natural or man-made hazards; collisions with other watercraft or people; motorboat wakes; equipment misuse or failure; entanglement; wildlife; remote locations; delayed emergency response or rescue; transportation and loading hazards; and the acts or omissions of other persons.

I understand that conditions can change quickly and that Sagebrush cannot guarantee water, weather, route, access, traffic, or rescue conditions.

I agree to inspect the equipment before use and to stop using it if I believe it is damaged, unsafe, or unsuitable. I will use the equipment only within my abilities and in a lawful and prudent manner. I will follow applicable laws, posted rules, safety instructions, and access restrictions. I will wear a properly fitted personal flotation device while on the water and will not operate the equipment while impaired by alcohol, cannabis, illegal drugs, or medication that makes operation unsafe.

I am responsible for choosing whether conditions are appropriate for me. If I am uncertain about my ability, the weather, water conditions, or the route, I will not launch or will end the activity.

I KNOWINGLY AND VOLUNTARILY ASSUME ALL RISKS OF INJURY, DEATH, AND PROPERTY DAMAGE ASSOCIATED WITH THE RENTAL ACTIVITY, INCLUDING RISKS ARISING FROM THE ORDINARY NEGLIGENCE OF SAGEBRUSH OUTFITTERS, LLC AND ITS OWNERS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS, CONTRACTORS, AND REPRESENTATIVES, TO THE FULLEST EXTENT PERMITTED BY IDAHO LAW.

IN CONSIDERATION FOR BEING ALLOWED TO RENT AND USE THE EQUIPMENT, I RELEASE, WAIVE, AND DISCHARGE SAGEBRUSH OUTFITTERS, LLC AND ITS OWNERS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS, CONTRACTORS, REPRESENTATIVES, SUCCESSORS, AND ASSIGNS FROM CLAIMS FOR PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE ARISING OUT OF OR RELATED TO MY RENTAL OR USE OF THE EQUIPMENT, INCLUDING CLAIMS CAUSED IN WHOLE OR IN PART BY THEIR ORDINARY NEGLIGENCE, TO THE FULLEST EXTENT PERMITTED BY LAW.

This release is not intended to waive any claim that cannot lawfully be waived, including liability that a court determines results from gross negligence, reckless or willful misconduct, or any other conduct that Idaho law does not permit to be released in advance.

I am responsible for losses, damage, fines, penalties, or third-party claims caused by my unlawful use, intentional misconduct, reckless conduct, negligent operation, unauthorized lending, or misuse of the equipment. To the extent permitted by law, I agree to defend and indemnify Sagebrush from third-party claims arising from such conduct by me.

I accept responsibility for returning the rental equipment in substantially the same condition in which I received it, ordinary wear excepted. I may be responsible for repair or replacement costs for equipment that is lost, stolen, intentionally damaged, or damaged through misuse, prohibited use, or failure to follow reasonable operating instructions.

I authorize reasonable emergency assistance if I am unable to make decisions for myself, but I understand Sagebrush does not provide rescue or medical services and cannot guarantee that emergency assistance will be available. I am responsible for my own medical, evacuation, rescue, and related expenses to the extent allowed by law.

I represent that I am at least 18 years old and legally competent to enter this agreement. My acceptance of this waiver applies to me personally. It does not automatically release claims belonging to another adult participant. Any additional adult participant should separately accept a waiver before using the equipment. Minor participants require a separate parent or legal guardian waiver.

This agreement is governed by Idaho law. If any provision is found unenforceable, the remaining provisions will remain in effect to the fullest extent permitted by law. By checking the waiver acceptance box during booking, I agree that my electronic acceptance has the same effect as my signature, and I acknowledge that I had the opportunity to read this entire agreement before completing payment.