EQUIPMENT RENTAL AND LIABILITY RELEASE AGREEMENT

I accept for use, as is, the equipment listed on this form, and accept full financial responsibility for the care of the equipment while it is in my possession. I will be responsible for the replacement, at full value, of any equipment rented under this form which is lost, stolen, damaged or otherwise not returned to Silver Moon Kayak Company, llc. I agree to return all rental equipment by the agreed time and date or I shall incur a late fee.

I understand that the sport of paddling, and other related water activities involve inherent and other risks of INJURY and DEATH. The risks include but are not limited to: physical exertion, inclement weather, capsizing of watercraft, immersion in water, hypothermia, accidents or illness in remote areas, equipment failure and malfunction, drowning, and loss or damage to personal property. I voluntarily agree to expressly assume all risks of injury or death that may result from the use of this equipment. I agree to use the equipment only in the specified and agreed upon area discussed between myself and Silver Moon Kayak Company, llc. (e.g.: I will not take a rented boat down the Flathead River if the rental agreement was only for Flathead Lake) I further agree to wear an approved personal flotation device at all times while in a rented kayak and I confirm that I am physically fit to operate and use said equipment and that I understand the equipment's use and function.

The venue of any dispute that may arise out of this agreement or otherwise between the parties to which SILVER MOON KAYAK COMPANY, LLC or its agents is a party, shall be either the Flathead County Justice Court or Flathead County District Court.

I agree to release Silver Moon Kayak Company, llc, its employees, owners, volunteers, affiliates, agents, officers, directors, and the manufacturers and distributors (collectively "providers") of the equipment from all liability for injury, death, property loss and damage which results from the equipment user's participation in the sport of sea kayaking &/or canoeing, or is in any way related to the use of this equipment, including all liability which results from the negligence of providers, or any other person or cause. I further agree to defend and indemnify providers for any loss or damage, including any that results from claims or lawsuits for personal injury, death and property loss and damage related in any way to the use of this equipment.

With respect to group rentals, the undersigned lessee hereby represents and warrants that he/she has secured the consent of all users of the equipment being leased to assume all risks of injury, loss or damage resulting from or related to the use of this equipment and to release Silver Moon Kayak Company, llc from all liability as provided above.

I, the undersigned, have read and understand this equipment rental & liability release agreement.