EAGLES NEST OUTFITTERS

RELEASE OF LIABILITY & RENTER'S AGREEMENT

I declare that canoeing, kayaking, rafting, boating and other outdoor activities may be and are dangerous to me and are not without risk. In consideration of the mutual obligation hereinafter set forth, I hereby assume all legal responsibility and risk for bodily injury to myself as a result of the use, operation, transporting or possession of equipment of any kind or description whatsoever hired or loaned by EASLES NEST OUTFITTERS, their concessionaires, or agents, or employees or servants or either, and do hereby release and forever discharge EAGLES NEST OUTFITTERS from any and all liability which may result from an injury I may receive, or the members of my family may receive, as a result of using the equipment of EAGLES NEST OUTFITTERS.

I understand that I cannot hold the proprietors responsible for damage or loss to my personal property while in transport to or from the river or while parked on premises.

I hereby agree to return equipment on the agreed upon date, in the same condition as when received. I further agree that canoe, kayak, raft, boat and/or other equipment will be taken only on waters agreed prior to each pickup and so indicated on the renter's agreement. Life vests will be worn by all canoeists, kayakers, rafters, or boaters. I agree to take the time to scout rapids and blind turns before committing to same. I hereby agree to walk my canoe, kayak, raft or boat around any tree, low water bridge, unnatural obstruction, or any other hazardous looking place in the river. I will not stop payment on any checks written for rental of canoes, kayaks, rafts, boats, or other equipment.

I agree the limit for river trips is two (2) persons per canoe, and I acknowledge, as a canoeist, kayaker, rafter, boater, that I am required by law to wear a life vest while canoeing, kayaking, rafting, or boating and I do agree that I will wear the life vest.

I agree to and will comply with the federal, state and county pollution laws and other governmental agencies, including any emergency orders from authorities as to water controls and/or forest controls relating to fires or camping or entering selected trip sites. West Virginia Whitewater Responsibility Act (WV Code 20 - 3B - 1) prohibits use of any alcohol or illegal drugs before or during the trip. It also prohibits harmful or negligent conduct or interference to the safety of others. The law requires each participant to disclose any known health problems, or medical disability, or prescribed medicines. Participants must inform EAGLES NEST OUTFITTERS of any personal injury or illness on the trip.

I agree that I will be personally liable for any damages that occur to any equipment leased to me by EAGLES NEST OUTFITTERS and do personally waive personal service of process for any civil action which may be instituted against me as a result of damages to the equipment of EAGLES NEST OUTFITTERS, and do further agree that I will accept legal process by certified mail return receipt requested and the same shall have the full force and effect as if personally served upon me in the State of West Virginia. I do further agree that if judgement is entered against me, I agree to pay reasonable attorney fees for the prosecution of any civil action against me.

PRECAUTIONS WILL BE TAKEN TO SAFEGUARD ALL EQUIPMENT

DAMAGE TO ANY CANOE, KAYAK, RAFT, BOAT OR EQUIPMENT MUST BE REIMBURSED AT THE FOLLOWING SCHEDULE:

CANOE damaged or lost........................$775 LIFE VEST damaged or lost ................$45

DUCKIE damaged or lost......................$895 PADDLE damaged or lost......................$20

SIT-ON KAYAK damaged or lost........$525 MISCELLANEOUS ITEMS.........list price

RAFT damaged or lost........................$1,495

Signature________________________________________________________________________

LATE CHARGE FOR PICKUP.............................................................................$ 20 PER HOUR

Canoe Number__________________ Number of Life Vests______________

Number of Wet Suits_____________ Number of Dry Bags ______________

Number of Paddles_______________ Labor $20 per hour _______________

Trip ______________________________________________________________________________

Name______________________________________Drivers Lic.# or SS # _____________________

Mailing Address/Street_______________________________________________________________

City ______________________________________State______________Zip Code______________

Telephone Number________________________________________________Age_______________

Signature________________________________________________________Date_______________

INSTRUCTIONS WHEN CANOEING WITH EAGLES NEST OUTFITTERS

1. Always wear a life vest (jacket).
2. Avoid flow-through hazards (strainers).
3. Avoid waterfalls, low dams and high rapids. Portage.
4. Avoid hydraulics - you can get trapped!
5. Capsized? Stay at the upstream end of the canoe. Don't take chances saving the equipment.
6. Keep your toes up and your feet together, pointed downstream. NEVER try to stand up in fast water.
7. When striking an obstruction sideways is inevitable, lean the canoe downstream, but don't get caught between the canoe and the obstruction.
8. When you approach obstructions, set your course well in advance. If in doubt, scout from shore.
9. Know how to swim, even when fully clothed.
10. Know your ability, but don't overestimate.
11. If you're not prepared to swim, don't canoe!
12. Be suitably equipped. Wear shoes that will protect your feet (tennis shoes recommended). Do not wear bulky clothing that will interfere with your swimming ability when water logged.

Signature________________________________________________________Date________________

I assume full responsibility for child/children________________________________________while

canoeing this trip with EAGLES NEST OUTFITTERS.

Signature________________________________________________________Date________________