In consideration of being allowed to participate in any way in OUTER BANKS KAYAK ADVENTURES, LLC Company programs, its related events and activities and transportation services, I (we), the undersigned, acknowledge, appreciate and agree that:
- The risk of injury from the activities involved in this program is significant, including the potential for permanent paralysis and death, and while particular rules, and personal discipline may reduce this risk, the risk of serious injury does exist; and
- I KNOWINGLY AND FREELY ASSUME ALL SUCH RISK, both known and unknown, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASEE or others, and assume full responsibility for my participation; and
- I willingly agree to comply with the stated and customary terms and conditions for use of the rented equipment while participating. If however I observe any unusual significant hazard during my presence or participation, I will bring such to the attention of the nearest official immediately; and
- I for myself and on behalf of my heirs, assign, personal representatives and next of kin, HEREBY RELEASE, INDEMNIFY, AND HOLD HARMLESS OUTER BANKS KAYAK ADVENTURES, LLC and their officers, official agents and employees, and if applicable, owners and lessors of premises used for the activity, WITH RESPECT TO ANY AND ALL INJURY, DISABILITY, DEATH, or loss or damage to persons or property, WHETHER ARISING FROM THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE, to the fullest extent permitted by law.
- I agree to grant to OBX adventures and its authorized representatives permission to record on photography film and/or video, pictures of my participation. I further agree that any or all of the material photographed may be used, in any form, as part of any future publications, brochure, or other printed materials used to promote OBX adventures, and further that such use shall be without payment of fees, royalties, special credit or other compensation.
- Rental equipment is delivered in good or new condition. I agree to pay for any damages or loss of rented items; including broken paddles or damage to equipment from dragging it on concrete/pavement/harsh surfaces. I understand damages, overtime, or late charges will be deducted from credit card security.
- I agree to rinse sand or other debris off the rental equipment prior to the return/pickup time. I further agree to place all rental equipment where it was delivered by the pickup time specified by Outer Banks Kayak Adventures. I understand I will be charged a $75 retrieval fee for each piece of rental equipment that is not located at the designated drop off/pickup area by the pickup time.
I HAVE READ THE RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.
DATE: April 25, 2019