Read carefully — this affects your legal rights
Rules, Fees, Waiver of Claim, Release of Liability
Every renter must read, agree to, and electronically sign this release before picking up equipment from Ashton, Idaho — off Highway 20. You'll sign digitally as part of your online booking.
In exchange for participation in the activity of drift boat or raft rental organized by Miller Drift Boats, of 2555 S 2000 W, Rexburg, Idaho, 83440, and/or use of the property, facilities and services of Miller Drift Boats, I agree for myself and (if applicable) for the members of my family, to the following:
1. Agreement to Follow Directions
I agree to observe and obey all posted rules and warnings, and further agree to follow any oral instructions or directions given by Miller Drift Boats, or the representatives or agents of Miller Drift Boats, including but not limited to the following: 1. Anyone using the drift boats or rafts needs to wear a life preserver (PFD) while on the water. 2. Oars are to be cared for and transported as shown by MDB management. 3. Anchors are to be secured to anchor rope with a safety lanyard while on the water. 4. Anchors are to be transported.
2. Assumption of the Risks and Release
I recognize that there are certain inherent risks associated with the above-described activity and I assume full responsibility for personal injury to myself and (if applicable) my family members and anyone else associated with or inside or outside the rental boat during this rental contract period or related to boat rentals from MDB, and further release and discharge Miller Drift Boats for injury, loss or damage arising out of mine or my family, friends, associates' use of or presence upon the facilities of Miller Drift Boats, whether caused by the fault of myself, my family, friends, and associates Miller Drift Boats or other third parties.
3. Indemnification
I agree to indemnify and defend Miller Drift Boats against all claims, causes of action, damages, judgments, costs, or expenses, including attorney fees and other litigation costs, which may in any way arise from my or my family's use of or presence upon the facilities of Miller Drift Boats.
4. Fees
I agree to pay for all damages to the facilities of Miller Drift Boats caused by any negligent, reckless, or willful actions by me or my family or people associated with the rental boat. This includes but is not limited to scratches, nicks, dents, loss of oars, straps, life jackets, cooler, anchor, tires, trailer, or anything that damages a boat rented from Miller Drift Boats. Fair market value will be charged for any loss or damage to any and all of Miller Drift Boat property.
5. Applicable Law
Any legal or equitable claim that may arise from participation in the above shall be resolved under Idaho law.
6. No Duress
I agree and acknowledge that I am under no pressure or duress to sign this Agreement and that I have been given a reasonable opportunity to review it before signing. I further agree and acknowledge that I am free to have my own legal counsel review this Agreement if I so desire. I further agree and acknowledge that Miller Drift Boats has offered to refund any fees I have paid to use its facilities if I choose not to sign this Agreement.
7. Arm's Length Agreement
This Agreement and each of its terms are the product of an arm's length negotiation between the Parties. In the event any ambiguity is found to exist in the interpretation of this Agreement, or any of its provisions, the Parties, and each of them, explicitly reject the application of any legal or equitable rule of interpretation which would lead to a construction either "for" or "against" a particular party based upon their status as the drafter of a specific term, language, or provision giving rise to such ambiguity.
8. Enforceability
The invalidity or unenforceability of any provision of this Agreement, whether standing alone or as applied to an occurrence or circumstance, shall not affect the validity or enforceability of any other provision of this Agreement or of any other applications of such provision, as the case may be, and such invalid or unenforceable provision shall be deemed not to be a part of this Agreement.
9. Emergency Contact
In case of an emergency, Miller Drift Boats will use the emergency contact name, relationship, and phone number I provide when signing this Agreement online.
I HAVE READ THIS DOCUMENT AND UNDERSTAND IT. I FURTHER UNDERSTAND THAT BY SIGNING THIS RELEASE, I VOLUNTARILY SURRENDER CERTAIN LEGAL RIGHTS.
Waiver version v1.0. Questions about this agreement? Call us at 208-881-7550 before booking.