1. Assumption of Risk
I understand that stand-up paddleboarding, kayaking, and related water activities are inherently dangerous and carry risks that cannot be eliminated, including but not limited to: drowning; capsizing or falling into the water; cold-water shock and hypothermia; collision with other watercraft, swimmers, docks, rocks, or submerged objects; sudden or severe weather, wind, waves, and currents; equipment failure; overexertion; and, in extreme cases, serious bodily injury, permanent disability, or death. I knowingly and voluntarily assume all such risks.
2. Swimming Ability & Physical Condition
I affirm that I (and all participants in my party) am physically able to participate, am not impaired by alcohol or drugs, and am aware that swimming ability is strongly recommended. I am responsible for assessing my own and my party's fitness to participate safely.
3. Safety Rules — I agree to:
• Wear or have aboard a USCG-approved life jacket (PFD) at all times, and ensure all children under 12 wear one at all times as required by Massachusetts law.
• Use the leash provided and follow the safety briefing given at delivery.
• Not paddle in storms, lightning, fog, or high wind, or after dark without proper lighting.
• Keep equipment within the agreed lake/area and not sublet or loan it to others.
• Follow all Clean Boat / invasive-species requirements at the launch.
4. Release & Waiver of Liability
In exchange for being permitted to rent and use the equipment, I, on behalf of myself, my heirs, family, and estate, release, waive, and discharge Berkshire Paddle Co., its owner, agents, and representatives from any and all liability, claims, demands, or causes of action for any injury, death, property damage, or loss arising out of or related to my rental and use of the equipment, including claims based on their ordinary negligence, to the fullest extent permitted by Massachusetts law.
5. Equipment Condition & Damage
I acknowledge I received the equipment clean and in good working condition. I am responsible for returning it in the same condition and will pay for repair or replacement of any equipment lost, stolen, or damaged beyond normal wear. Normal wear — light scratches and ordinary dirt from regular use — is expected and never charged. Charges apply only to genuine damage or loss: broken fin or puncture ($50–$150) · major damage ($150–$400) · lost or stolen board (up to $600).
6. Security Deposit
A refundable deposit hold ($50–$175 depending on rental type) is collected at delivery and released in full on clean return within 24 hours. I authorize Berkshire Paddle Co. to apply this deposit only against charges for genuine damage or loss as described above.
7. Governing Law
This agreement is governed by the laws of the Commonwealth of Massachusetts. If any provision is unenforceable, the remainder stays in effect.
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