In consideration of being allowed to participate In the activities and programs of KAYAK EXCURSIONS, INC. and the use of Its facility and equipment, in addition to the payment of any fee or charge, I do hereby waive, release and forever discharge KAYAK EXCURSIONS, INC., its owners, officers, agents, guides, employees, representatives, executors, and all others from any and all responsibility for injuries or damages resulting from my participation in any activities or use of equipment in the above mentioned facilities or arising out of my participation in any activity by, through, or with KAYAK EXCURSIONS INC., whether at the facility or otherwise. I do hereby release all of those mentioned and any others acting upon their behalf from any responsibility or liability for any injury or damage to myself or my property, including those caused by the negligent act or omission of any of those mentioned or others acting on their behalf or in any way arising out of or connected with my participation in any activities of KAYAK EXCURSIONS, INC. or the use of any equipment by, through or with KAYAK EXCURSIONS, INC, whether at their facility or otherwise. Equipment shall refer to any item or property provided, rented, leased, used, or otherwise employed or available with and/or by and through KAYAK EXCURSIONS, INC.
I understand that Kayaking and/or Paddleboarding are potentially hazardous activities and that strength, flexibility, and the ability to swim and perform other skills relating to said activities are helpful and/or necessary to my safety and to the safety of those around me. I also understand that these activities and use of equipment involve a risk of property loss, serious injury and even death and that I am voluntarily participating in these activities and using equipment with the knowledge of the dangers involved. I hereby agree to expressly assume and accept any and all risks of injury or death. I do hereby further declare myself to be physically sound and suffering from no condition, impairment, disease, infirmity, or other illness that would prevent my participation in any of the activities, use of equipment and/or programs of KAYAK EXCURSIONS, INC. at the facility or otherwise.
Photo Release: I give KAYAK EXCURSIONS INC. the absolute right and permission to use my photograph. I understand that these images might be used in print media publications, advertisements, online and in any other format that KAYAK EXCURSIONS INC. chooses. I release the photographer, his offices, employees, agents and designees from liability for any violation of any personal or proprietary right I may have in connection with such use.
I agree that I have carefully examined the equipment and finds it suitable for the purpose for which it is leased and/or used, and that the equipment is in suitable and acceptable condition. I hereby agree to maintain all equipment in a safe, dependable condition while in my custody.
I hereby understand that a Cash bond and/or Credit Card deposit be required for the use and/or rental of any equipment, unless otherwise expressly waived by KAYAK EXCURSIONS INC. I further understand and agree that said deposit shall be retained by the KAYAK EXCURSIONS INC. as partial compensation for failing to return any equipment in good condition, ordinary wear and tear excluded, and/or for reimbursement of equipment damaged, missing or broken. I agree and acknowledge that the deposit may also be applied towards any rental amount due and owing for surpassing any rental time or rental condition or use of the equipment outside of its provided scope.
I agree not to use, nor permit the use: a. of the rental equipment for any unlawful purpose; b. of equipment in a careless or negligent manner; c. of equipment while under the influence of alcohol and/or narcotics; d. of equipment by any other person not the signatory of this agreement or contemplated by this agreement.
I acknowledge my responsibility for the safe and proper operation of all equipment I use or handle and for the safety and welfare of other boaters, myself and/or other persons. I hereby agree and acknowledge that KAYAK EXCURSIONS INC. shall not be held liable for damages, inconvenience or time lost caused by accident, breakdown or malfunction of equipment or for loss of or damage to property or injury to persons (including death) resulting from the use of equipment in any form whatsoever or from participation in any activities provided by, through or with KAYAK EXCURSIONS INC. I further hereby agree to hold KAYAK EXCURSIONS INC. harmless should loss or damage occur to any of my personal property while carried in, or on, equipment, including loss or damage caused by fire, water, theft or any other cause whatsoever, including the negligence of KAYAK EXCURSIONS INC.
I expressly agree to indemnify and hold KAYAK EXCURSIONS INC. harmless of, from, and against any and all loss, costs, damages, attorney fees and costs, including fees on fees, and/or any liability whatsoever in connection with the enforcing of the subject agreement by KAYAK EXCURSIONS INC., including expenses incurred in collection or attempting to collect payment and/or in the event of suit by KAYAK EXCURSIONS INC. to recover possession of equipment and/or to enforce any of the terms, conditions and/or provisions hereof. It is understood and agreed that venue of any action hereunder shall be in Collier County, Florida and the Parties hereby expressly waive any defense to venue.
In the event of malfunction, breakdown, or if any defect is discovered after acceptance equipment, I will immediately report same to KAYAK EXCURSIONS INC. Continued use of it shall be entirely at my own risk and I assume all liabilities of injury and damage to all persons and property that may become involved by its continued use.
KAYAK EXCURSIONS INC.’s ability to provide a rental equipment, if reserved, is contingent upon and subject to the return of the unit by the previous client. KAYAK EXCURSIONS INC. shall not retain any liability for its inability to provide said reserved equipment..
KAYAK EXCURSIONS INC. reserves the right to cancel this rental agreement due to inclement or impending bad weather. Fees will be prorated based on the time used.
Rules and regulations contained herein and/or posted in the office, on equipment,, and/or the grounds by KAYAK EXCURSIONS INC. are for the safety and welfare of all who use the facilities. I certify that I have read and that I understand said rules and regulations, and that I further assume the responsibility to see that my family and/or guest(s) will obey the rules as well.
All sales are final and shall not be subject to reimbursement or returns.
Reservations shall be canceled at least 72 hours ahead of scheduled rental or deposit will be forfeited..
Should any term or condition of this Rental Agreement be held void or unenforceable, then that term shall be deemed severed from this Agreement and the enforceability of the remainder shall not be affected and will remain in full force and effect.
Should a boat not be returned at specified time, I hereby agree to the OVERTIME CHARGES of
$7.50 per 1/4 hour.
THE TERMS AND CONDITIONS ON THIS CONTRACT CONTAINS THE ENTIRE UNDERSTANDING BETWEEN KAYAK EXCURSIONS INC. AND THE UNDERSIGNED AND THAT NO OTHER REPRESENTATION OR INDUCEMENT, ORAL OR WRTTTEN, HAS BEEN MADE WHICH IS NOT INCLUDED IN THIS AGREEMENT.