Liability Waiver

PADDLE FROGS LIABILITY WAIVER & RENTAL AGREEMENT

 

I. STATUTORY WARNING: TENNESSEE AGRITOURISM ACT

WARNING: Under Tennessee Law (T.C.A. § 43-39-101 et seq.), there is no liability for an injury to or death of a participant in an agritourism activity conducted at this agritourism location or by this agritourism professional if such injury or death results from the inherent risks of the agritourism activity. Inherent risks of agritourism activities include, among others, risks of injury inherent to land, equipment, and animals, as well as the potential for you to act in a negligent manner that may contribute to your injury or death. You are assuming the risk of participating in this agritourism activity.

 

II. ACKNOWLEDGMENT OF SAFETY EQUIPMENT & TWRA LAWS

I acknowledge that Paddle Frogs has provided me with the following safety equipment, and I agree to use it in accordance with Tennessee Wildlife Resources Agency (TWRA) regulations:

  1. Personal Flotation Device (PFD): I understand that TN law requires one wearable USCG-approved life jacket for each person on board. All passengers 12 years of age and under MUST wear the PFD at all times while underway.
  2. Sound Signaling Device: I acknowledge receipt of a safety whistle, required by law for all vessels (including paddleboards) on Tennessee navigable waters.
  3. Leash: I acknowledge receipt of a safety leash and understand its importance in keeping the board attached to me in currents or wind.

III. ASSUMPTION OF RISK & RELEASE OF LIABILITY

I understand that stand-up paddleboarding (SUP) involves inherent risks, including but not limited to: drowning, collisions with other vessels, changing weather conditions, underwater obstructions, and physical exertion.

Release: To the fullest extent permitted by law, I hereby release, waive, and discharge Paddle Frogs, its owners, and employees from any and all claims, liability, or causes of action for personal injury, property damage, or wrongful death arising out of my rental or use of the equipment, even if caused by the negligence of the releasees.

IV. RENTAL POLICIES

  • Equipment Care: I accept the equipment "AS IS" and agree to pay for any damages beyond normal wear and tear.
  • Sobriety: I affirm I am not under the influence of alcohol or drugs. I understand that Boating While Intoxicated (BWI) laws apply to paddleboards in Tennessee (0.08% BAC limit).
  • Return: I agree to return all equipment (Board, Paddle, PFD, Whistle, Leash) by the designated time or pay late fees.

V. ELECTRONIC SIGNATURE CONSENT

By checking the "I Agree" box and typing my name, I am providing a legal electronic signature under the Tennessee Uniform Electronic Transactions Act (T.C.A. § 47-10-101) and affirm that I have read and understood this entire agreement.

VI. PARENTAL/GUARDIAN INDEMNIFICATION
If the participant is under 18 years of age, the undersigned parent or legal guardian hereby executes this waiver on behalf of the minor. I agree to indemnify and hold harmless Paddle Frogs from any and all claims, suits, or causes of action brought by or on behalf of the minor, or by any other party, arising out of the minor’s participation or presence on the property.

VII. RESCUE, WEATHER & SAFETY POLICIES

  • Rescue Fee: I understand that if I require motorized retrieval or staff assistance due to exhaustion, poor planning, or failure to follow the designated route, a rescue fee of $50.00 will be charged.
  • Weather Authority: Paddle Frogs reserves the right to terminate any rental immediately due to lightning, high winds, or dangerous river flow rates.

Capacity & Conduct: Boards are for ONE (1) adult rider only. Children ages 12 and under may ride as a passenger with a supervising adult, provided the combined weight does not exceed 275lbs. No swimming or diving from the boards is permitted due to underwater obstructions and varying river depths.

VIII. EQUIPMENT REPLACEMENT COSTS
I agree to pay the following replacement costs for gear lost or damaged beyond normal wear and tear:

  • Lost/Snapped Paddle: $55.00
  • Damaged/Lost Fin: $40.00
  • Lost PFD or Whistle: $50.00
  • Lost/Broken Leash: $25.00
    I hereby authorize Paddle Frogs to charge my credit card on file for any fees incurred under the terms of this agreement, including but not limited to late return fees, rescue fees, and equipment replacement costs

IX. MEDIA RELEASE
I grant Paddle Frogs permission to use my likeness in photographs, videos, or other digital media taken during my visit for marketing, advertising, and promotional purposes without compensation.

X. LAND-BASED RISKS (AGRITOURISM)
In accordance with the Tennessee Agritourism Act, I acknowledge that inherent risks of this location include uneven terrain, stinging insects (bees/wasps), and native flora (poison ivy/oak). I assume all risks associated with traversing the gardens and docks.

XI. MEDICAL FITNESS & EMERGENCY CONSENT
I hereby affirm that I am in good physical and mental health and do not have any conditions—including but not limited to heart conditions, recent surgeries, seizure disorders, or mental health impairments—that would affect my judgment, my ability to follow safety instructions, or make the physical exertion of paddleboarding dangerous to myself or others. In the event of an emergency, I hereby grant Paddle Frogs permission to seek or administer medical treatment, and I agree to be responsible for all costs associated with such medical care and transportation.

XII. SWIMMING ABILITY & SELF-RESCUE
I certify that I am a competent swimmer and am physically capable of climbing back onto a paddleboard from deep water without external assistance. I understand that the ability to self-rescue is a requirement for renting equipment from Paddle Frogs.

XIII. EQUIPMENT INSPECTION
I acknowledge that I have inspected the equipment (board, paddle, PFD, leash) prior to departure and agree that it is in good, working condition. I understand that Paddle Frogs reserves the right to inspect the equipment upon return and charge for damages (consistent with Section VIII) discovered within 24 hours of the rental period.

XIV. CHOICE OF LAW, VENUE & SEVERABILITY
This agreement shall be governed by the laws of the State of Tennessee. I agree that any legal action or proceeding arising out of or relating to this agreement shall be brought exclusively in the courts of Roane County, Tennessee. If any portion of this agreement is found to be void or unenforceable by a court of law, the remaining portions shall remain in full force and effect.

XV. STAFF AUTHORITY & RIGHT TO REFUSE

  • Right to Refuse Service: Paddle Frogs reserves the right to refuse or terminate service to any individual who, in the sole judgment of the staff, appears incapable of safely operating the equipment, is acting in a disruptive or unsafe manner, or fails to comply with the rules of the facility. In such cases, a refund is not guaranteed.
  • River Conditions: I acknowledge that river conditions, including current strength, water depth, and debris, can change rapidly without notice. I assume all risks associated with these natural fluctuations.

XVI. LATE RETURNS & BRIEFING

  • Late Fees: I understand that equipment must be returned by the designated time. A late fee of $20.00 per 15 minutes will be applied to any equipment returned past the scheduled rental window.
  • Safety Orientation: I acknowledge that I have received a safety briefing and route orientation from Paddle Frogs staff. I understand the designated boundaries and agree to abide by all verbal safety instructions provided.
  • Entire Agreement: I understand that this written contract constitutes the entire agreement between myself and Paddle Frogs. No verbal statements or "side deals" by employees shall be binding or override the terms of this document.

XVII. PERSONAL PROPERTY & EMERGENCY SERVICES

  • Personal Property: Paddle Frogs is not responsible for the loss, theft, or damage of any personal property brought onto the premises or the water, including but not limited to phones, cameras, jewelry, or sunglasses. Water-resistant "dry bags" (if provided) are not guaranteed to be waterproof.
  • Emergency Agencies: In the event that local emergency services (Fire, Police, TWRA, or EMS) are dispatched for a rescue or medical emergency, the participant agrees to be solely responsible for any costs or fees charged by those agencies.

PROPERTY & GARDEN RULES

Paddle Frogs is a private facility. To maintain the safety and beauty of the gardens and docks, I agree to the following:

  • Restricted Access: Restrooms, changing rooms, and the store are for registered guests only.
  • The Gardens: I will stay strictly on the designated paths while in the Paddle Frogs gardens.
  • Prohibited Items: NO GLASS containers, NO PETS, and NO FIREARMS are permitted on the property or on the water.
  • Parking: I will park only in designated areas. I will not block the driveway, block multiple spots, or block other vehicles. No oversized vehicles (trailers, RVs, etc.) are permitted without prior written consent.

EMORY RIVER NAVIGATION & ROUTE

  • The Route: For safety and river management, I agree to stay on the designated route: Paddle NORTH toward the Obed River and return directly to the Paddle Frogs private docks.
  • Shallow Water: I will avoid shallow areas to prevent injury and equipment damage.
  • Equipment Handling: I will NEVER remove the paddleboard from the water during the rental period. When returning, I will properly tether the paddleboard to the dock as instructed.

Electronic signature consent

By checking the "I Agree" box and typing my name, I am providing a legal electronic signature under the Tennessee Uniform Electronic Transactions Act (T.C.A. § 47-10-101) and affirm that I have read and understood this entire agreement.