DIGITAL INFLATABLE KAYAK HIRE AGREEMENT (SCOTLAND)

Norserv FM Ltd trading as “The Exchange”

By completing the online booking process, digitally signing this agreement, collecting equipment, or using the hired equipment, the hirer agrees to all terms below.

DIGITAL ACCEPTANCE & ELECTRONIC SIGNATURE
I confirm that:
- I have read and understood this agreement in full.
- I electronically accept these Terms & Conditions.
- I understand that an electronic signature has the same legal effect as a
handwritten signature.
- I am responsible for all participants included within this booking.
- I am over 18 years of age.

ACKNOWLEDGEMENT OF RISK
I understand that kayaking and water-based activities carry inherent risks including but not limited to:
- Drowning
- Cold water shock
- Hypothermia
- Capsizing
- Slips and falls
- Collision with other water users or objects
- Entrapment
- Tidal movement and currents
- Sudden weather changes
- Equipment failure
- Injury during transport, launching, landing, inflation, or recovery

I voluntarily accept these risks.

PARTICIPANT FITNESS & RESPONSIBILITY
I confirm that:
- All participants are confident in and around water.
- All participants are physically fit enough to take part.
- No participant is under the influence of alcohol or drugs.
- No participant has a medical condition likely to affect safe participation.
- All participants are capable of independently managing themselves on the
water.
- Children under 18 will remain under adult supervision at all times.

I understand that kayaking is undertaken entirely at my own risk.

DIGITAL SAFETY BRIEFING CONFIRMATION
I confirm that prior to using the equipment:
- I have watched, read, or understood all safety guidance supplied digitally.
- I understand how to safely use the inflatable kayak.
- I understand how to fit and wear buoyancy aids.
- I understand how to safely launch and recover the kayak.
- I understand basic capsize procedures.
- I understand how to contact emergency services.
- I understand that weather and water conditions in Scotland can change
rapidly.

MANDATORY SAFETY REQUIREMENTS
I agree that:
- Personal Flotation Devices (PFDs) supplied must be worn at all times whilst
on the water.
- The kayak must only be used within the agreed operating area.
- The kayak must not be overloaded beyond the stated capacity.
- Equipment must not be used after dark unless specifically authorised.
- Equipment must not be used during severe weather or unsafe conditions.

- Equipment must not be used in flood conditions or dangerous tidal conditions.
- Equipment must not be used for commercial purposes.
- Equipment must not be sub-hired or transferred to another person.

SELF-SERVICE COLLECTION & RETURN
This hire system may operate without staff present.
I accept full responsibility for:
- Collecting the correct equipment.
- Checking equipment before use.
- Correctly inflating and assembling equipment where applicable.
- Safely transporting the equipment.
- Returning all items to the designated return point.
- Securing any unattended storage area after use.
- Returning equipment before the agreed end time.
- Access codes, keys, lockbox codes, or entry instructions must not be shared with any third party.
- Late returns may incur additional charges.
- Failure to properly secure returned equipment may result in liability for theft or damage.

EQUIPMENT CONDITION & INSPECTION
I confirm that:
- I will inspect all equipment before use.
- I will not use damaged or unsafe equipment.
- I will immediately report any damage or faults.
- I accept the equipment in its current condition unless pre-existing damage is
reported before launch.
- The hirer is encouraged to take photographs of equipment before and after hire.

The operator may retain:
- Time-stamped booking records
- Digital acceptance records
- CCTV footage
- Equipment condition photographs
- GPS or security tracking data where installed for safety, insurance, security, and dispute resolution purposes.

WEATHER, WATER & ROUTE RESPONSIBILITY
I accept full responsibility for:
- Checking weather forecasts before departure.
- Assessing water and tidal conditions.
- Determining whether conditions are suitable.
- Staying within my level of experience.
- Wearing suitable clothing for Scottish conditions.
- Making safe navigation decisions.
- I understand that the operator cannot guarantee safe water conditions.

DAMAGE, LOSS & CHARGES
I accept full responsibility for all hired equipment during the hire period.
This includes:
- Inflatable kayak(s)
- Paddle(s)
- Personal Flotation Devices (PFDs)
- Pump(s)
I may be charged for:
- Lost or stolen equipment
- Negligent or reckless damage
- Deliberate damage
- Excessive cleaning
- Late return fees

- Recovery or rescue costs arising from misuse or negligence

LIABILITY WAIVER & INDEMNITY
I acknowledge that paddlesports and water activities involve inherent risk.
To the fullest extent permitted by Scots law, “The Exchange”, its owners, employees, agents, and representatives shall not be liable for:
- Personal injury
- Death
- Loss or damage to personal property
- Delays or cancellations due to weather or safety concerns
- Any indirect or consequential loss except where caused by negligence or breach of legal duty.
- I agree to indemnify and keep indemnified “The Exchange” against claims, damages, liabilities, or losses arising from:
- Misuse of equipment
- Failure to follow safety guidance
- Negligent or reckless behaviour
- Breach of this agreement
- Unauthorised use of equipment
- Nothing within this agreement excludes liability where exclusion is prohibited under applicable law.

INSURANCE
I understand that personal accident, medical, and third-party liability insurance is not included unless expressly stated.

The operator strongly recommends that hirers obtain suitable insurance cover.

EMERGENCY & INCIDENT REPORTING
I agree to immediately report:
- Accidents
- Injury
- Damage
- Loss of equipment
- Rescue service involvement
- Any incident affecting safety
- Emergency services should be contacted immediately where required.