Rules, Fees, Waiver of Claim, Release of Liability

Read Carefully – This affects your legal rights

updated 05/03/2022

Rules of conduct for Drift Boat and Raft Rentals:

Life jackets (PFDs supplied by MDB) are to be worn at all times while in or operating the boats and rafts. Care needs to be taken to keep track of the PDFs during the entire rental and are to be returned in the condition that they were in when they were received by the renter.
Oars are to be treated with care and secured to the boat for travel. Any damage, apart from normal wear and tear, done to oars will be charged back to the renter. Lost oars are the responsibility of the renter, who will be charged for a replacement.
Anchors are to be cared for and transported so that they will not damage the boats. Never travel with the anchors inside the boats as they bounce around and cause damage to the boats, use your vehicle or the anchor nest on the trailer. When on the water, please ensure that the anchor is attached securely and tightened down really tight to the anchor rope carabiner to ensure that the anchor is not lost during the float. NOTE: If at any time the anchor gets stuck and the boat is in danger of sinking, immediately cut the anchor rope and proceed without the anchor. Please inform MDB of the loss and we will sort it out.
Damage to boats and rafts. MDB tries to furnish newer boats and rafts and we understand that from time to time a boat will get scratched, or hit a rock in the river. It is the responsibility of the renter to ensure this type of thing is minimal. When a rental boat or raft is brought back and cleaned, we will inspect for damages. Any excessive damage to boats or rafts will be charged back to the renter. Any raft that is punctured will need to be repaired by MDB and the repair will be charged back to the renter.
Although MDB does not offer shuttles for trailers and vehicles, we need to know where you plan to take our boats or rafts. No drift boats are allowed to be taken down slides or dragged down to rivers or lakes on bare ground. If you plan to do that, rent a raft. That’s why we offer the rafts, which can be taken down slides, but with care. It is easy to cause a lot of damage to a drift boat when they are being mishandled and expensive to repair.
In the unlikely event that a drift boat or raft is swamped or damaged and inoperable, if Miller Drift Boats retrieves the boat, the customer will be charged for the retrieval and damages to the boat or boats, up to $500 per retrieval plus the cost of repairs.

Participant Release of Liability, Waiver of Claims, Assumption of Risks and Indemnity Agreement

In consideration of the services of Miller Drift Boats, its agents, owners, officers, volunteers, participants, parent, sister or subsidiary corporations including specifically but not limited to Miller Drift Boats, employees, sales agents, subcontractors and all other persons or entities acting in any capacity on their behalf (hereinafter collectively MDB), I hereby agree to release and discharge MDB on behalf of myself, my parents, my heirs, assigns, personal representative and estate as follows:

1. Inherent Risks: I acknowledge that any adventure activity such as rafting and use of a drift boat entails known and unanticipated risks that could result in physical or emotional injury, death, or damage to myself, to property, or to third parties. I understand and acknowledge that the enjoyment and excitement of adventure activities is derived in part from inherent risks incurred by activity beyond the accepted safety of life at home or in my normal day to day activities and that these inherent risks contribute to my enjoyment and excitement and are an integral reason for my participation in this activity. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity. I also understand and acknowledge that failing to use or properly use safety type equipment increases my risk of injury or of not surviving an accident or incident while participating in these activities.

The inherent risks associated with the adventure activities in which I am about to participate include, but are not limited to: encountering whitewater rapids and changing water flows, dirt roads and trails, or turbulent air and the possibility that I will be jolted, jarred, bounced, thrown to and fro and shaken about during rides through some of these rapids, roads, trails and air; it is possible that I could be injured if I come in contact with food boxes, oars/paddles, other storage containers, or other fixed equipment necessary to the operation or outfitting of the raft, boat, vehicle (hereinafter referred to collectively as "equipment"). The equipment may break down or be faulty; it is possible that loss of control of the equipment could occur resulting in collision, capsizing, or crashing, and that if a piece of equipment turns over or crashes I could be thrown out. Surfaces are slippery when wet and are naturally unstable so that I could slip and fall or be knocked out of the equipment even in calm water or flat terrain. I may become disoriented, panicked and/or experience trauma from rocks, boulders, etc; I can slip or fall during hiking or getting to and from the equipment and I understand that the areas in which I might hike sometimes hide dangerous obstacles such as tree wells, tree stumps, creeks, rocks and boulders, forest dead fall, etc. The equipment or any portion of it may collide with or encounter other man-made or natural objects including trees, rocks, branches, boulders, bridges, etc. Accidents can occur getting on and off the equipment; changing weather conditions, storms or even lightening are possible; exposure to the natural elements can be uncomfortable and/or harmful and I am aware that this exposure could cause sunburn, dehydration, heat exhaustion, heat stroke, heat cramps or fatigue, some or all of which may diminish my or the other participants' ability to react or respond; I understand that exposure to cold water can result in "cold water immersion" syndrome or "cold shock," hypothermia and in extreme cases death; I may encounter dangerous wildlife, insects, etc.; communication in the terrain in which these activities occur is always difficult and in the event of an accident, rescue and medical treatment may not be immediately available. I acknowledge that I AM ULTIMATELY RESPONSIBLE for my own safety during my participation in MDB rentals/activities.

I acknowledge that I may choose to participate in activities that are provided by other vendors or operators (i.e. buses, flights, biking, climbing, horseback riding) over which MDB has no control. Those activities are incidental to the activities provided by MDB and may involve errors in judgment by the other vendors or operators for which MDB can bear no liability. MDB is not a "Common Carrier" but rather is in the business of providing raft and drift boat rentals. Transportation to and from the activity is incidental to the activity. Transport by car, bus or van in some instances may be provided by MDB and may involve errors in judgment by MDB staff operating the vans, buses, cars or other transport vehicles. The vehicles and transport trailers may malfunction, break down or be poorly maintained, causing injury, accidents, delays or in the extreme case, death. Employees seek safety, but they are not infallible. They might misjudge the weather, the elements, or the terrain. They may give inadequate warnings or instructions and/or I as the participant may fail to understand the safety directions due to language issues. I specifically acknowledge that decisions made by staff and participants are often made in wilderness/remote/dangerous settings and are made based on often imprecise, momentary and subjective perceptions so that decisions are subject to errors in judgment that cannot and should not be associated with fault at a later point in time.

2. Express Assumption of Risk: As lawful consideration for being allowed to participate in activities offered by MDB, I expressly agree and promise on behalf of myself and any of the children for which I am responsible, to accept and assume all the risks existing in this activity. My/our participation in this activity is purely voluntary, and I/we elect to participate in spite of the risks. I/we expressly agree and acknowledge that the terms and conditions of this Release of Liability, Waiver of Claims, Assumption of Risks and Indemnity Agreement are contractual in nature and that I/we are signing it of our own free will.

3. Release and Waiver of Rights Including for Claims of NEGLIGENCE: On behalf of myself and any of the children for which I am responsible I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless MDB from any and all claims, demands, or causes of action, which are in any way connected with my participation in this activity or my/our use of MDB's equipment or facilities, including any such Claims which allege negligent acts or omissions of MDB

4. Indemnity: Should MDB or anyone acting on their behalf, be required to incur attorney's fees and costs to enforce this agreement, I agree on behalf of myself and any of the children for which I am responsible to indemnify and hold them harmless (in other words, I agree to pay for...) for all such defense fees and costs.

5. Personal Skill & Insurance: I certify on behalf of myself and any of the children for which I am responsible that I/we have sufficient skill and fitness to participate in the activities offered by MDB I further certify that I/we have no medical, mental or physical conditions which could interfere with my/our safety or ability to participate in these activities, or else I/we are willing to assume and bear the cost of all risks that may be created, directly or indirectly, by any such condition. I/we further certify that I/we have adequate insurance to cover any injury, damage or emergency transportation or search and rescue costs I/we may cause or suffer while participating, or else agree to bear the costs of such injury, damage or emergency transportation costs ourselves.

6. Medical Issues: I agree on behalf of myself and any of the children for which I am responsible that, in the event that MDB deems it necessary to administer emergency first aid or CPR or to remove me/us from its activities or premises or from the field or to seek emergency medical care for me/us that, by signing this document, I/we are giving MDB permission to: administer emergency first aid or CPR, secure emergency transport or medical care and/or disclose any medical information it may have about me/us to any health care provider which may become involved in my/our care, treatment or removal from the field. By signing this document I/we are waiving any right to object to or bring any type of action or claim against MDB for its administration of emergency first aid or CPR or for securing emergency transport or medical care and/or for the disclosure of personal medical information it may have about me/us to any health related person who becomes involved in my/our care or removal from MDB activities or the field.

7. Photographic Assignment: I understand that MDB reserves the right to take photographic or film (of whatsoever nature) records of any or all of its activities or trips and on behalf of myself and any of the children for which I am responsible I/we hereby agree that MDB may use such records for promotional and/or commercial purposes without any remuneration to me. I/we hereby assign all right, title and interest I/we may have in or to any and all media in which my name or likeness might be used by MDB

8. Release as Contract and Personal Capacity: On behalf of myself and any of the children for which I am responsible I expressly agree and acknowledge that the terms and conditions of this Release of Liability, Waiver of Claims, Assumption of Risks and Indemnity Agreement are contractual in nature and that I/we are signing it of my/our own free will. I/we expressly acknowledge that I/we are not under the influence of drugs or alcohol at the time of my/our signing of this document and that there are no other impediments or reasons why I/we would lack the capacity to enter into this contract with MBD.

9. Forum Selection, Severability, Breach of Contract/Warranty Waiver, Etc.: In the event I/we file a lawsuit against MDB, I/we agree to do so solely in the State of Idaho, and I/we further agree that the substantive law of that state shall apply in that action without regard to the conflict of law rules of that state and I/we hereby irrevocably waive any other jurisdiction or venue to which I or my estate might otherwise have been entitled. I/we agree to submit to the jurisdiction of the Idaho courts. I/we agree that if any portion of this agreement/contract is found to be void or unenforceable, the remaining portion shall remain in full force and effect; this document is intended to be interpreted as broadly as possible. A copy of this release contract can be used as if it were the original. I/we understand that this document constitutes the entire Agreement/Contract between ourselves and MDB and that it cannot be modified or changed in any way by representations or statements of any nature (be they vocal, advertising, etc.) outside of this document; in other words, I/we are also waiving any claims I/we might have for breach of contract or warranty for statements or representations made outside of this release contract.

By checking "I agree" on our checkout form, I acknowledge for myself and any of the children for which I am responsible that if anyone is hurt or property is damaged during my participation in this activity, I/we may be found by a court of law to have waived my/our right to maintain a lawsuit against MDB on the basis of any claim from which I/we have released them herein.

I/WE HAVE HAD SUFFICIENT OPPORTUNITY TO READ THIS ENTIRE DOCUMENT. I/WE HAVE READ AND UNDERSTOOD IT, AND I/WE AGREE TO BE BOUND BY ITS TERMS.

Fees

Renter late fee
If a renter returns a boat after the agreed rental period ends or arrives late to the start of the rental, they can be charged a late fee. This late fee is calculated by combining a one-time administrative fee of $30.00 plus the prorated hourly rental rate (based on the daily rental rate for the boat rented) plus applicable tax charges.

Cleaning fee
If a boat is returned covered with dirt, sand, trash, food, fish blood, etc. and the renter does not wash the boat prior to returning it, the MDB can charge the renter with an additional cleaning fee of up to $100. Please note, if the owner has a higher cleaning fee stated on their listing for a boat that is returned messy, you will be charged according to their listing's cleaning fee. This fee cannot be added to the rental if the boat owner has already included a cleaning fee as a part of their rental terms. MDB will NOT deduct the standard Service Fees from any dirty boat fee charge.

Lost item fee
In the case that a renter loses an item from the boat during their boat rental, the renter will be responsible for the exact costs of replacing that item. Commonly lost items include oars, anchors, patch kits in rafts, and life jackets. Remember to be mindful of your personal possessions and make sure that you have not left anything in the boats when you return them, especially in boxes under the seats. MDB also reserves the right to charge the $30.00 administrative fee, in addition to the replacement costs of the lost item.

Processing fees
Stripe charges processing fees on any additional payments processed on behalf of the owner. This includes fuel, cleaning, damage/security deposit payments, or other miscellaneous charges like gratuity. The current processing fee is 2.70% + $0.55 per charge. Extras are paid out at the regular commission rate.