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Hi everyone!
I live on a large lake in a condo community, and many of my neighbors have kayaks. I would like to start a kayak share for residents in my condo community. A handful of people have shown interest, but I'm concerned about the liability aspect of this. I think a waiver would cover all involved (and I plan to consult with a lawyer if this moves forward), and this share would be completely separate from our association (not associated with it in title or the waiver). I'm also thinking each rentee would want to have insurance for this? I can't find any neighborhood group online that has started a share (mainly cities and businesses).
Well yes, but not as cheap as renting. Plus, when we have guests, we would like kayaks for them. And finally, we live in a condo without a lot of space.
I don't kayak, but I think it is a great idea, especially regarding space limitations, but what about upkeep? Who would do it? Do you have solid expertise? Could you work out a deal with a kayak retailer? Lots to consider. Write everything down and come up with a 'plan', then run it by similar enterprises.
What about safety? Make absolutely sure that everyone in the kayaks uses a life jacket and has some knowledge of how to right a kayak or get out if it flips. There have been many tragic and avoidable deaths due to these two issues.
Also check liability - what sort of insurance would be required? Is having everyone sign a waiver sufficient? What about minor children?
Would there be rules about weather and lake conditions?
It doesn't need to be complex. Form something like a paddling club. Write up some bylaws and have some dues. Use the dues to purchase equipment, and maybe a liability policy. Run it as a non profit. Have an attorney help with the bylaws and help manage any potential liability.
Kayaking takes some common sense. Common sense, however, is hard to come by. At the very basic level, paddles wear life jackets when in or on the kayak. Be aware of weather conditions, and changes in those conditions. Maybe even use a "buddy system."
For about $500 I have a nice kayak, paddle and life jacket that suits my needs. A club to get together and paddle around would be okay. I prefer my own kayak. That's a preference thing for me.
I don't know how honest the Kayak community is. I would imagine as honest as the general pop.
That said, I would paint the kayak in a color and paint that is hard to remove.
Also, you want to get a liability wavier... Are the kayaks going to be in a area where anyone on the property can just grab and use them? If this is the case, how will you keep anyone from using them without first signing the wavier? If they are not out in a public area, you or someone else will have to be there to sign them out and get the wavier at that point.
I don't know how honest the Kayak community is. I would imagine as honest as the general pop.
That said, I would paint the kayak in a color and paint that is hard to remove.
Also, you want to get a liability wavier... Are the kayaks going to be in a area where anyone on the property can just grab and use them? If this is the case, how will you keep anyone from using them without first signing the wavier? If they are not out in a public area, you or someone else will have to be there to sign them out and get the wavier at that point.
Label the kayaks, record the hull numbers. Make sure the waivers are solid and able to stand the test of litigation if something bad should happen. That's where a bit of money paid to an attorney will potentially save you a lot of money in the future.
Label it for use in that condo lake area only. See if the home owners association would be willing to help out. They'd be good to talk to about liability protection.
I don't know how honest the Kayak community is. I would imagine as honest as the general pop.
That said, I would paint the kayak in a color and paint that is hard to remove.
Also, you want to get a liability wavier... Are the kayaks going to be in a area where anyone on the property can just grab and use them? If this is the case, how will you keep anyone from using them without first signing the wavier? If they are not out in a public area, you or someone else will have to be there to sign them out and get the wavier at that point.
Maybe since it is in a community/coop everyone can be invited to join the Kayak 'Co-op' and sign the waiver yearly in order to be able to rent?
You'd have to have somebody to check them in and out, make sure everything is in good condition at both ends of the loan.
Don't forget seats if you'll have sit-on-tops. No seat=backache
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