TERMS. By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.
USE LICENSE. a. Permission is granted to temporarily download one copy of the materials (information or software) on Blueway Adventure, LLC's (also known as Blueway Adventure) web site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not: i. modify or copy the materials; ii. use the materials for any commercial purpose, or for any public display (commercial or non-commercial); iii. attempt to decompile or reverse engineer any software contained on Blueway Adventure's web site; iv. remove any copyright or other proprietary notations from the materials; or v. transfer the materials to another person or "mirror" the materials on any other server. b. This license shall automatically terminate if you violate any of these restrictions and may be terminated by Blueway Adventure at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
DISCLAIMER. The materials on Blueway Adventure's web site are provided "as is". Blueway Adventure makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Blueway Adventure does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.
LIMITATIONS. In no event shall Blueway Adventure or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Blueway Adventure's Internet site, even if Blueway Adventure or a Blueway Adventure authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
REVISIONS & ERRATA. The materials appearing on Blueway Adventure's web site could include technical, typographical, or photographic errors. Blueway Adventure does not warrant that any of the materials on its web site are accurate, complete, or current. Blueway Adventure may make changes to the materials contained on its web site at any time without notice. Blueway Adventure does not, however, make any commitment to update the materials.
LINKS. Blueway Adventure has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Blueway Adventure of the site. Use of any such linked web site is at the user's own risk.
GOVERNING LAW. Any claim relating to Blueway Adventure's web site shall be governed by the laws of the State of Tennessee without regard to its conflict of law provisions.
All materials contained on this website are protected by United States copyright law, all applicable laws and all applicable treaties that are in effect internationally worldwide in order to protect these materials on this website. The materials on this website may not be reproduced, distributed, transmitted, displayed, published or broadcast without the prior written permission of Blueway Adventure, LLC or in the case of third party materials, the owner of that content. You may not alter or remove any trademark, copyright or other notice from copies of the content.
All rights are strictly reserved to Blueway Adventure, LLC., or to their applicable owner.
Links to websites other than those owned by Blueway Adventure, LLC are offered as a service to the users of this website. Blueway Adventure, LLC was not involved in their production and is not responsible for their content.
BLUEWAY ADVENTURE LLC RENTAL AGREEMENT & RELEASE OF LIABILITY
In consideration of the use of the property, facilities and/or services of Blueway Adventure LLC, I/We agrees as follows:
I/WE AGREE TO NOT PARTICIPATE IN NOR ENGAGE IN ANY LAWSUIT AGAINST BLUEWAY ADVENTURE FOR ANY REASON
INDEMNITY. The undersigned agrees to indemnify and defend Blueway Adventure, and its officers, employees and agents (each, an Indemnitee) and hold them harmless from any or all claims, causes of action, damage judgments, costs or expenses, including attorney fees which in any way arise from the undersigned participation in the Blueway Adventure Activities which include but are not limited to damages to or destruction of any property of an Indemnitee, of any others, injury or death of the undersigned or anyone else or any liability arising from the act or negligent act of an Indemnitee, the undersigned or anyone else; provided, and, the foregoing indemnity shall also apply to claims related to the gross negligence or willful misconduct of Blueway Adventure.
MINOR CHILDREN & INCOMPETENT ADULTS The undersigned agrees to accept this agreement on behalf of any and all minor children, and any and all incompetent adults.
WARNING. There are significant elements of risk in any adventure sport or activity associated with the use or presence water craft, including but not limited to outdoor sports and the use of related equipment. These risks are inherent is all outdoor sports and may be present even if the equipment is used properly and even in still water or controlled environment.
SCOPE OF RELEASE. This Release of Liability covers all activities indirectly or directly associated with the use of Blueway Adventure equipment, facilities, services, and activities organized by, sponsored by, or directed by Blueway Adventure (Blueway Adventure Activities).
RISK FACTORS. The undersigned understands and acknowledges that the Blueway Adventure Activities involve risks such as, but not limited to, the following: (i) changing water flow, conditions or current; (ii) collision with other participants, any portion of the interior of the craft, other water craft, manmade or natural objects, including overhanging, submerged and/or semi-submerged trees, branches, rocks and boulders; (iii) cold weather and heat related injuries and illnesses including hyperthermia, frostbite, heat exhaustion, sun stroke, and dehydration; (iv) inclement weather, variances and extremes of wind, weather and temperature, the presence of insects and animals; (v) sense of balance, physical coordination, ability to swim, and/or ability to follow directions; (vi) loss of control of the craft, collision, capsizing, and sinking of the craft which can result in wetness, injury, exposure to the elements, hypothermia and drowning; (vii) getting in and out of the craft; (viii) travel, including hiking, portaging and travel to and from the related and unrelated activities; (ix) the presence of wild animals, including marine life forms, (x) unavailability of emergency aid services and emergency medical care.
The undersigned acknowledges that Blueway Adventure Activities, as well as other foreseeable or unforeseeable factors or circumstances, may result in a RISK OF PROPERTY DAMAGE, BODILY INJURY, AND POSSIBLY DEATH.
ASSUMPTION OF RISK. By executing this Release of Liability, the undersigned expressly assumes all risk that arise from the participation in Blueway Adventure Activities, the acts of others, the unavailability of emergency care, and any other foreseeable or unforeseeable factors or circumstances related to the Blueway Adventure Activities. The undersigned assumes all risk of injury, wrongful death or property damage related to the Blueway Adventure Activities.
ACKNOWLEDGMENT OF RULES, POLICIES AND PROCEDURES. The undersigned acknowledges that he or she has read and understood all of the rules, policies and procedures relating to Blueway Adventure Activities and understands that the safe and proper use of the facilities, equipment and participation in Blueway Adventure Activities is dependent upon carefully following such rules, policies and procedures. I agree to wear a properly fitted and fastened U.S. Coastguard approved flotation device while aboard a boat or on or in the water. The undersigned understands that outdoor sports should only be undertaken after proper instruction and training and that Blueway Adventure is not providing such training in connection with the rental of equipment. The undersigned assumes full responsibility for deciding where, when and with whom to particpate with. The undersigned acknowledges and agrees that the rental equipment provided by Blueway Adventure is for the sole and exclusive use of the undersigned and may not be used by any other person. The undersigned agrees to not use or be under the influence of any alcohol, illegal drugs or prescribed medications that may cause impairment. The undersigned agrees to hold Blueway Adventure harmless, if the undersigned violates any applicable laws while using Blueway Adventure equipment, activities, or facilities.
PHYSICAL CONDITIONS AND SKILLS. The undersigned represents that he or she has the requisite skills, physical abilities and mental abilities necessary for proper and safe use of the Blueway Adventure equipment, facilities and services and to participate in the Blueway Adventure Activities. The undersigned agrees that if he or she has any questions as to what skills, qualifications or training are necessary to properly use the equipment or facilities, or to participate in the Blueway Adventure Activities, then they shall direct such questions to the appropriate staff member on site.
RELEASE. The undersigned hereby releases, discharges, waives, disclaims and relinquishes all claims, actions or causes of action against Blueway Adventure and its officers, employees and agents and agrees not to sue them on account of or in conjunction with any claims, causes of action, injuries, damage, cost of expenses arising out of Blueway Adventure Activities, including those based on death, bodily injury or property damage whether or not caused by participation in Blueway Adventure Activities or the negligence of Blueway Adventure.
WAIVER. The undersigned waives the protection afforded by any statute or law in any whose purpose, substance, and/or effect is to provide that a general release shall not extend to claims, material or otherwise which the person giving the release does not know of or suspect at the time of executing the release. This means, in part but not only, that the undersigned is releasing unknown future claims.
PROPERTY DAMAGE. The undersigned agrees to pay for any or all damages to any property of Indemnitee caused by the undersigned either negligently, willfully, or otherwise. Price plus add Sales Tax of 9.5%: Kayak Drain Plug $9.99 ; Kayak Foot Peg $24.99, Kayak Hatch Cover $99.99, Watertight Box $24.99, Orange PFD $14.99, Lifevest $24.99, Canoe Oar $49.99, Kayak Paddle $49.99, Kayak Boat $399.99, Canoe Boat $499.99, Tandem Kayak Boat $599.99, Tube Towable $99.99. Excessive damage fees of $25 & up to the value of the equipment (such as but not just inclusive to scuffing, denting, holes, and other damage). Additional Charges may also apply.
LATE CHARGES. The undersigned agrees that if they fail to turn in the rented/leased equipment by the date and time specified, that at one minute past the due date and time, a late charge will be accessed at the normal all day rate in additional charges. At twenty-four hours and one minute past the due date and time, the undersigned agrees to pay Blueway Adventure the late fees and the replacement cost of the equipment that was not turned in within the aforementioned timeframe.
FEES & PAYMENTS DUE IMMEDIATELY. The undersigned agrees to pay all fees, costs, late fees, replacement fees, collection fees, attorney fees, and court fees, and all money owed to Blueway Adventure immediately upon demand from Blueway Adventure. The undersigned agrees and authorizes Blueway Adventure to charge and use any credit card on record or legal remedies to cover payments owed to Blueway Adventure. The undersigned agrees that they will not dispute these charges and will be responsible for any declined transactions to include any overcharges billed by their credit card issuer or bank.
NO REFUNDS & NO EXCHANGES ALLOWED
REPRESENTATIVES. The undersigned has executed this Release of Liability for himself or herself, and his or her heirs, assigns and legal representatives.
EMERGENCY TREATMENT CONSENT. The undersigned, as a participant in the subject activity, hereby consents to medical treatment in a medical emergency where the undersigned is unable to consent to such treatment.
INSURANCE. The undersigned understands that the Blueway Adventure does not carry participant insurance. The undersigned acknowledges that they either have appropriate insurance or, in it absence, agree to pay all cost of rescue and/or medical services as may be incurred on their behalf.
SEVERABILITY. The undersigned agrees that if any provision or provisions of this Agreement shall be held to be invalid, illegal, unenforceable or in conflict with the law of any jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.
ENTIRETY. This document is the entire agreement.
This document is signed and executed in Montgomery County, in the State of Tennessee. No other venue is allowed.
BLUEWAY ADVENTURE LLC, 1030 S. Riverside Dr, Clarksville TN 37040. 931-320-8466.