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RELEASE OF LIABILITY, ASSUMPTION OF RISK, WAIVER OF CLAIMS, INDEMIFICATION, AND DAMAGES AGREEMENT

Release and Waiver of Claims; Assumption of the Risk; Indemnification Agreement

In consideration of being allowed to use facilities, participate in guided kayak tours, participate in kayak, paddle board, and other equipment rentals, and other activities (collectively the “activities”) provided by Sea Thru Kayaks VI LLC, doing business as Sea Thru Kayaks VI and Paddlesport Adventures VI, the Participant, and the Participant’s parent(s) or legal guardians(s) if the Participant is a minor, do hereby agree, to the fullest extent permitted by law as follows:

TO WAIVE ALL CLAIMS that they have or may have against Sea Thru Kayaks VI LLC arising out of the Participant’s participation in the Activities or the use of any equipment provided by Sea Thru Kayaks VI LLC (“Equipment”), including while receiving instruction and/or training;

TO ASSUME ALL RISKS of participating in the Activities and using the Equipment, even those caused by the negligent acts or conduct of Sea Thru Kayaks VI LLC, its owners, affiliated, operators, employees, agents and/or officers.  The Participant and his/her parent(s) or legal guardians(s) understand that there are inherent risks of participating in the Activities and using the Equipment, which may be both foreseen and unforeseen and include serious physical injury and death;

TO RELEASE Sea Thru Kayaks VI LLC, its owners, affiliates, operators, employees, agents and officers from all liability for any loss, damage, injury, death or expense that the Participant (or his/her next of kin) may suffer, arising out of his/her participation in the Activities and/or use of the Equipment, including while receiving instruction and/or training.  The Participant and his/her parent(s) or legal guardian(s) specifically understand that they are releasing any and all claims that arise or may arise from any negligent acts or conduct of Sea Thru Kayaks VI LLC, its owners, affiliates, operators, employees, agents, and/or officers, to the fullest extent permitted by law.  However, nothing in this Agreement shall be construed as a release for conduct that is found to constitute gross negligence or intentional conduct; and

TO INDEMNIFY Sea Thru Kayaks VI LLC, its owners, affiliates, operators, employees, agents and/or officers, from all liability for any loss, damage, injury, death, or expense that the Participant (or his/her next of kin) may suffer, arising out of participation in the Activities and/or use of the Equipment, including while receiving instruction and/or training.

 

Photography/Video Release

Participant hereby grants to Sea Thru Kayaks VI LLC, its representatives, and employees the right to take photographs/videos of Participant in connect with Participant’s participation in the Activities. Participant hereby authorizes Sea Thru Kayaks VI LLC to copyright, use and publish the same in print and/or electronically.  Participant hereby agrees that Sea Thru Kayaks VI LLC may use such photographs of Participant for any lawful purpose, including but not limited to publicity illustration, advertising and Web content.

Personal Responsibility

The Participant and his/her parent(s) or legal guardian(s) certify that Participant has no physical or mental condition that preludes him/her from participating in the Activities, that he/she is not participating against medical advice, that he/she is capable of safely operating and handling all equipment, and that he/she is not under the influence or impaired by drugs, alcohol, or any other substance. 

The Participant and his/her parent(s) or legal guardian(s) understand that Participant’s participation in the Activities is voluntary and further understand that they have the opportunity to inspect Sea Thru Kayaks VI LLC’s Equipment and facilities before any participation.

The Participant and his/her parent(s) or legal guardian(s) understand that Participant is obligated to follow the rules of the Activities, obey all federal, state, and local rules, laws, and regulations, so that he/she can minimize his/her risk of injury by doing so and through the exercise of common senseand by being aware of his/her surroundings.

If, while participating in the Activities, the Participant or his/her parent(s) or legal guardian(s) observe any unusual hazard or condition, which they believe jeopardizes Participant’s personal safety or that of others, Participant and/or his/her parent(s) or legal guardians(s) will remove Participant from participation in the Activities and immediately bring said hazard or condition to the attention of Sea Thru Kayaks VI LLC.

To the extent that any portion of this Agreement is deemed to be invalid under the law of the applicable jurisdiction, the remaining portions of the Agreement shall remain binding and available for use by Sea Thru Kayaks VI LLC and its counsel in any proceeding.

Damages

The Participant and his/her parent(s) or legal guardian(s) understand that Participant’s shall bear all risk and responsibility of and for any and all damage, loss, or theft of the rental boats, kayaks, SUP, associated gear and accessories, and/or Equipment, or any portions thereof, including, but not limited to vandalism or theft, and shall pay the Lessor (Sea Thru Kayaks VI LLC) the full cost of repair or replacement. 

Participants shall return rented boats, kayaks, SUPs, and all equipment in the condition in which it was received. Minimum charges for repairs, labor and cleaning will be applied in the event rental boats or equipment require repair or excessive cleaning. Renter agrees to use all equipment for its designed purpose only. It is solely the discretion of Sea Thru Kayaks VI LLC to determine if damaged equipment will be repaired or replaced at renter’s expense. 

To the extent that any portion of this Agreement is deemed to be invalid under the law of the applicable jurisdiction, the remaining portions of the Agreement shall remain binding and available for use by Sea Thru Kayaks LLC and its counsel in any proceeding.

I HAVE READ AND UNDERSTAND THIS AGREEMENT AND I AM AWARE THAT BY SIGNING THIS AGREEMENT I MAY BE WAIVING CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE.

First Participant's Name

First Name*

Last Name*

Phone*
First Participant's Age Acknowledgment*
First Participant's Date of Birth*
I certify that I am 18 years of age or older
First Participant's Information
Are you a cruise passenger?*
No
Yes

If yes, please provide your cabin number:
First Participant's Signature*
Second Participant's Name

First Name*

Last Name*
Second Participant's Date of Birth*
Second Participant's Information
Are you a cruise passenger?*
No
Yes

If yes, please provide your cabin number:
Third Participant's Name

First Name*

Last Name*
Third Participant's Date of Birth*
Third Participant's Information
Are you a cruise passenger?*
No
Yes

If yes, please provide your cabin number:
Fourth Participant's Name

First Name*

Last Name*
Fourth Participant's Date of Birth*
Fourth Participant's Information
Are you a cruise passenger?*
No
Yes

If yes, please provide your cabin number:
Fifth Participant's Name

First Name*

Last Name*
Fifth Participant's Date of Birth*
Fifth Participant's Information
Are you a cruise passenger?*
No
Yes

If yes, please provide your cabin number:
Sixth Participant's Name

First Name*

Last Name*
Sixth Participant's Date of Birth*
Sixth Participant's Information
Are you a cruise passenger?*
No
Yes

If yes, please provide your cabin number:
Seventh Participant's Name

First Name*

Last Name*
Seventh Participant's Date of Birth*
Seventh Participant's Information
Are you a cruise passenger?*
No
Yes

If yes, please provide your cabin number:
Eighth Participant's Name

First Name*

Last Name*
Eighth Participant's Date of Birth*
Eighth Participant's Information
Are you a cruise passenger?*
No
Yes

If yes, please provide your cabin number:
Ninth Participant's Name

First Name*

Last Name*
Ninth Participant's Date of Birth*
Ninth Participant's Information
Are you a cruise passenger?*
No
Yes

If yes, please provide your cabin number:
Tenth Participant's Name

First Name*

Last Name*
Tenth Participant's Date of Birth*
Tenth Participant's Information
Are you a cruise passenger?*
No
Yes

If yes, please provide your cabin number:
Parent or Guardian's Email Address

Email
A signed copy of this waiver will be sent to the email address you provide.
Parent(s) or court-appointed legal guardian(s) must sign for any participating minor (those under 18 years of age) and agree that they and the minor are subject to all the terms of this document, as set forth above.


By signing below the parent or court-appointed legal guardian agrees that they are also subject to all the terms of this document, as set forth above.
Parent or Guardian's Name

First Name*

Last Name*

Phone*
Parent or Guardian's Age Acknowledgment*
Parent or Guardian's Date of Birth*
I certify that I am 18 years of age or older
Parent or Guardian's Information
Are you a cruise passenger?*
No
Yes

If yes, please provide your cabin number:
Parent or Guardian's Signature*
Electronic Signature Consent*
 By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.


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