CATAWBA RIVER KAYAKING RENTAL & USE AGREEMENT
This agreement is made on the above date by and between Catawba River Kayaking, and the undersigned, hereafter referred to as Customer(s).
Kayak Rental Terms and Conditions of Use:
- Customer acknowledges that he/she is skilled enough, strong enough, and experienced enough to participate in this activity.
- Any questions that the Customer has regarding this activity have been addressed to the satisfaction of the Customer.
- Kayaks and paddleboards are intended for use by one or two persons, depending on the craft; the Lessee agrees not to overload.
- All safe boating regulations and procedures must be followed.
- Life jacket/personal flotation device (PFD) will be securely fitted and worn whenever Customer is on the water.
- Customer acknowledges that Catawba River Kayaking has their approval to charge credit card on file for damages, loss, and fines resulting from their use of the kayaks, paddleboards, and/or equipment. Customer agrees to comply with all Catawba River Kayaking Rental Terms and Conditions, and to pay any applicable fees, as included below.
- It is illegal for boat operators to consume alcohol or drugs of any kind, regardless of the degree of impairment. Customers must refrain from drug or alcohol use prior to or during use of rented equipment.
- Equipment must be returned on time; there is no grace period for late returns. Early returns will be charged the full rental rate (either hourly or daily, as previously agreed upon); rentals are not prorated.
- No one under 16 is allowed to rent kayaks except when accompanied by a legal guardian.
- Only signatories of the Rental Agreement and Release Forms are allowed to use Catawba River Kayaking’s equipment. Customer is responsible for loss or damage caused by other users.
- Customers may not use kayaks or rented equipment for any use not intended by the manufacturers. In addition, customers may not use the kayak for: any illegal purpose or in an illegal manner; in a reckless, abusive, or negligent manner (including dragging up onto the shore); or in low-visibility conditions.
- Customer acknowledges that the estimated replacement value of items rented is $350 for each kayak or paddleboard rental. By signing this agreement, Customer agrees that the credit card on file may be charged for any accrued fees.
Fees for Violation of Terms & Conditions:
- There is a $25/hour late charge, which is payable for any time over 15 minutes into the hour or the selected kayaking package. All day kayaking ends at 7 pm or before dark, whichever comes first.
- Any lost or stolen gear will be charged to the credit card on file; the charge will reflect the full cost of replacements.
- Customers will be charged the full actual cost of any damaged parts on all kayaks, paddleboards, and associated gear.
- Customers will be charged a $50 replacement fee for lost, stolen, or damaged PFDs; we cannot repair damaged life jackets.
- Customers will be charged up to a $300 replacement fee for lost or stolen Kayaks.
- Any and all loss or damage to the equipment that is caused as a result of the Customer’s operation or oversight is the sole responsibility of the Customer. Do not leave any rental equipment unattended. Do not drag the boats or boards.
- For the safety of our guests, we closely monitor water conditions and weather forecasts leading up to each rental. In the event of hazardous conditions such as lightning, severe currents, or emergency dam releases prior to departure, we reserve the right to postpone, reschedule, or refund your rental. If rescheduling is not possible, a full refund will be issued.
- We check current levels and conditions at the dam upon arrival. Light rain or overcast weather is not considered grounds for cancellation or refund.
- Once renters have entered the water, weather events—including lightning or thunderstorms—are beyond our control and do not qualify for refunds or rescheduling. We encourage all renters to be aware of the forecast and paddle responsibly.
- Any Search & Rescue operations or extractions (emergency or otherwise) are at the sole expense of the Customer.
- Any damage or loss of equipment due to a Search & Rescue operation or extraction is the sole responsibility of the Customer.
- In no event shall the customer sub-lease kayaks, boards, or gear to another person or entity. The Customers’ rights under this agreement are non-transferable.
- No Catawba River Kayaking staff has the right to change any of the terms or conditions of this agreement (except an owner when done in writing).
- If any provision of this agreement is found to be void, invalid, or unenforceable, such finding shall not affect the validity or enforceability of any other part of this agreement.
- This agreement constitutes the entire understanding of the parties with respect to the subject matter contained herein and shall supersede all other agreements, either oral or written, with respect to the same. This agreement is binding upon the heirs, successors, and assigns of the parties.