VESSEL RENTAL AGREEMENT
All motorized and non-motorized vessels and other equipment must be returned in the same condition as rented. Cost of canoe and or paddle boat repair or replacement will depend on extent of damage caused by operator or passengers. Repair or replacement costs will be the responsibility of the renter named on this form. CUSTOMER IS RESPONSIBLE FOR DAMAGE TO, OR LOSS OF, ANY EQUIPMENT.
Equipment rented is protected under Utah Law, Section 76-6-410, which states: “A person is guilty of theft if, having custody of any property pursuant to a rental or lease agreement where it is to be returned in a specified manner or at a specified time, intentionally fails to comply with the terms of the agreement concerning return so as to render such failure a gross deviation from the agreement.”
If observed operating the canoe/paddle boat in a negligent manner by any of the park staff or visitors, the rental agreement will be canceled, and all money collected will be retained by East Canyon State Park.
PARTICIPANT AGREEMENT, RELEASE, AND ACKNOWLEDGMENT OF RISK
In consideration for permission to rent a motorized or non-motorized vessel from the State of Utah Division of Parks and Recreation (hereinafter “Division”) for use at East Canyon State Park, I do hereby agree to this waiver and release.
I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless the Division, the State of Utah, its agencies, departments, officers, employees, agents, and all sponsors, officials, and staff or volunteers from any and all liability, claims, demands, breach of warranty, negligence, actions or causes of actions, whatsoever for any loss, claim, damage, injury, illness, attorney’s fees or harm of any kind or nature to me arising out of my participation in these activities and my use of Division’s equipment at East Canyon State Park. This release extends to any claim made by my family, estate, heirs or assigns arising from or in any way connected with these activities. I further agree to pay any and all claims brought by any third party as a result of the operation and/or use of the rented equipment during the rental period.
I state that I am free from any known medical or physical conditions that could prevent me from safely operating or being a passenger in any of the rented equipment, or else I am willing to assume, and bear the costs of, all risks that may be created, directly or indirectly, by any such condition. I certify that I agree to be personally responsible for the costs of any injury or damage I may cause or suffer while participating in these activities at East Canyon State Park. I agree to release Division, the State of Utah, its agencies, departments, officers, employees, agents, and all sponsors, officials, and staff or volunteers from the cost of any medical care I receive as a result of participation in these activities at East Canyon State Park.
I acknowledge that operating any motorized or non-motorized vessel on bodies of water carries a risk of personal injury or property damage and requires a degree of physical activity. I also acknowledge that there are natural and other unforeseen hazards, environmental conditions, disease and other risks that, in combination with my actions or the actions of others, can cause injury to me or damage to my property. I do hereby agree to assume all risks that may be associated with or may result from my participation in these activities, including, but not limited to, operating the vessel(s) on the water, entering or exiting the vessel(s), and launching the vessel(s). I further agree to be held responsible for the safe and proper operation of Division’s equipment and for the safety and welfare of other operators and persons using the rented equipment assigned to me. If there are any minors participating in the rented equipment, I will provide all necessary supervision to maintain the safety of each minor and take all responsibility to protect each minor from injury.
By signing this document, I acknowledge that if anyone is hurt or property is damaged during my participating in this activity, I may be found by a court of law to have waived my right to maintain a lawsuit against Division on the basis of any claim from which I have released them herein.
I have had sufficient opportunity to read this entire document. I have read and understood it, and I agree to be bound by its terms.
RULES OF OPERATION
- With adult permission and supervision, a minor may operate a canoe. In no case may a person younger than 12 years old operate and be the sole occupant of the vessel. At least one operator/passenger of a paddle boat must be 12 years of age or older. This person must be on the paddle boat at all times.
The canoe/paddle boat operator shall make sure that ALL passengers 12 and under are wearing a PFD (Personal Flotation Device), including newborns and infants. Each vessel must have one correctly sized PFD available for every passenger aboard that vessel.
Vessels MUST be returned to the spot designated by park employees, and then NOTIFY park employees that equipment has been returned. Late rentals will be charged an additional $20 each half hour late. ALL RENTALS MUST BE RETURNED BY 6:00 PM.
The renter shall notify the nearest Park Ranger as soon as possible of an accident involving this vessel or its equipment when: a person dies or disappears from the vessel under circumstances that indicate death; a person is injured and receives medical treatment beyond basic First Aid; or there is property damage in excess of $200.00.
It is unlawful for any person to operate this vessel while under the influence of alcohol and or drugs, which render the person incapable of safely operating it. This includes but is not limited to a person who has a blood or breath alcohol concentration of .08 grams or greater.
No person may operate this vessel with the willful or wanton disregard for the safety of persons or property.
Please treat the equipment with respect. DO NOT ram the vessels into a rocky shore or another boat. The renter will be responsible for any damage to the equipment.
Please do not interfere with anglers by running over their lines. Please do not harass the ducks, geese or other animals.
Canoe capacity is THREE people MAXIMUM. Maximum weight may not exceed 660lbs. Paddle boat capacity is THREE people MAXIMUM.
PROCEDURE FOR RETURNING EQUIPMENT:
Boat and equipment to the point of issue in a clean condition.
Notify concession attendant
If equipment is in satisfactory condition, your deposit will be returned.