Kayak Rentals & Tours

RENTAL AGREEMENT & RELEASE OF LIABILITY

1. EQUIPMENT & REPLACEMENT FEES: The Renter agrees to return all equipment in the same condition as received. The Renter assumes full financial and legal responsibility for all rented equipment from the exact moment of possession (including unlocking or retrieving gear from a rental station). In the event of loss, theft, or significant damage, the Renter authorizes UP Kayaks to charge the credit card on file for the following replacement costs:

Kayak: $800.00
Paddle: $100.00

2. LATE RETURN POLICY: All equipment must be returned to the designated drop-off location by midnight/12:00 a.m. local time on the day of the rental.

Late Fee: Failure to return equipment by 12:00 a.m. will result in an additional charge of $79.99 per day.
Service Fee: A $20.00 service fee will be applied on top of the daily late charge for each day the equipment remains unreturned.

3. INSPECTION, TRANSPORT & PROHIBITED USE

Inspection & Possession: Renter acknowledges they have inspected the equipment prior to taking custody and find it to be in good, seaworthy condition. Any pre-existing damage must be photographed and reported to UP Kayaks prior to removing the equipment from the rental station. Once removed from the station, all responsibility for the gear's condition falls entirely on the Renter.
Loading & Transport: The Renter is solely responsible for the safe loading, tying down, securing, and transporting of all rented equipment. UP Kayaks assumes no liability for damage caused to the Renter’s vehicle, other vehicles, or third-party property during the transport of equipment.
Alcohol & Drugs: Use of equipment while under the influence of alcohol or drugs is strictly prohibited.
Safe Conduct: Renter agrees to use equipment only in appropriate weather conditions, shall not exceed the manufacturer’s weight capacity, and acknowledges that no supervision, safety monitoring, or lifeguard services are provided by UP Kayaks.

4. SAFETY & ASSUMPTION OF RISK

Life Jackets: Renter agrees to wear a USCG-approved life jacket (PFD) at all times while on the water.
Swimming Ability: Renter certifies that they are a competent swimmer.
Inherent Risks: Renter acknowledges that kayaking involves inherent risks (including drowning, collision, changing weather, hypothermia, and exposure). Renter expressly, voluntarily, and fully assumes all risk of property damage, personal injury, or death from the exact moment they take possession of the equipment.

5. WAIVER, RELEASE, INDEMNIFICATION & SEVERABILITY

Release: Renter hereby releases, waives, and holds harmless UP Kayaks, its owners, and employees from any and all liability for personal injury, property damage, or wrongful death arising out of the rental, transport, possession, or use of the equipment.
Indemnification: Renter agrees to defend, indemnify, and hold harmless UP Kayaks from any and all claims, lawsuits, damages, liabilities, or legal fees brought by third parties resulting from the Renter's use, transport, operation, or possession of the equipment.
Severability: If any term or provision of this agreement is found to be invalid or unenforceable by a court of law, the remaining terms and provisions shall continue in full force and effect.
Governing Law: This agreement shall be governed by the laws of the State of Michigan. Any legal proceedings shall take place exclusively in the county where UP Kayaks is legally located.

6. PAYMENT & CHARGE AUTHORIZATION: By completing the payment process, the Renter explicitly authorizes UP Kayaks to charge the provided credit card for the initial rental, as well as any late fees, service charges, damages, or replacement costs as defined in Sections 1 and 2.

7. AGREEMENT ACKNOWLEDGEMENT By completing the process of payment, the Renter acknowledges they have read, understood, and agree to all terms and conditions of this Rental Agreement & Release of Liability. This payment serves as a binding electronic signature and absolute authorization for all potential charges, including service fees, late fees, and equipment damage costs.

UP Kayaks

UP Kayaks

Kayak Tours

Kayak Rentals

RENTAL AGREEMENT & RELEASE OF LIABILITY

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