In consideration of the services of Paddle Pub, I agree to release and discharge Paddle Pub and Surf and Turf Enterprises LLC, as well as Captain and Crew LLC and all its subsidiaries, its agents and assigns (“Paddle Pub”), on behalf of myself, my children, my parents, my heirs, assigns, personal representatives and estate as follows:
1. I acknowledge that the activities involved in the use of the Paddle Pub service entail significant risks, both known and unknown, which could result in physical or emotional injury, paralysis, death, or damage to myself, to property, or third parties.
2. I expressly agree to assume all of the risks existing in this activity, both known and unknown, whether caused or alleged to be caused by the negligent acts or omissions of Paddle Pub or its operators. My participation in this activity is purely voluntary and I elect to participate in spite of the risks.
3. I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless Paddle Pub from any and all claims, demands, or causes of action, which are in any way connected with my participation in this activity or my use of Paddle Pub's equipment and facilities, including any such claims which allege negligent acts of omissions of Paddle Pub.
4. Should Paddle Pub or anyone acting on their behalf, be required to incur attorney’s fees enforce this agreement; I agree to indemnify and hold them harmless for all such fees.
5. I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating, or I agree to bear the cost of such injury or damage myself. I further certify that I have no medical or physical conditions which could interfere with my safety in this activity, or I am willing to assume and bear the costs of all risks that may be created, directly or indirectly, by any such condition.
6. I agree that the validity and enforceability of this Release of Liability and Assumption of Risk will be governed by the substantive law of the State of Florida without regard to its conflict of law rules.
7. I agree to abide by any and all of the PADDLE PUB RULES, which I have been shown. I understand that failure to abide by these rules could result in the early termination of Paddle Pub services without a refund. I understand that if my group abandons the Paddle Pub I am authorizing a recovery fee of $200 to be charged the credit card on file.
8. I agree and understand that the weight limit for any cycling seat is 275 pounds. I understand that this requirement is for my own safety and I hereby agree, if I am over 275 pounds I will not use or sit on a cycling seat.
9. I agree that any photographs or other media recordings captured of me during my tour may be used by
Paddle Pub for commercial purposes. I hereby release Paddle Pub and grant Paddle Pub an irrevocable, unlimited license to use any photographs or other media containing my likeness for any purpose whatsoever. I also understand and give my consent to have audio and/or video footage taken of me during my tour for quality assurance or for review in the case of an accident. I also consent to receiving an email asking for feedback from my experience.
10. I am at least 18 years of age, or, if I have minor children in my party, I am at least 25 years of age. All minor children in my party, if any, are listed by name at the bottom of this agreement, and each meets Paddle Pub’s passenger requirements. I expressly agree to the acceptance of this Release of Liability and Assumption of Risk on behalf of myself and any minor children to whom I am a parent, legal guardian, or otherwise have care and custody and my heirs and personal representatives. I am not aware of any medical condition or limitation that would prevent me or the minors in my party from participating on a Paddle Pub tour. I understand that I must be at least 21 years of age to consume alcoholic beverages.
BY SIGNING THIS DOCUMENT, I ACKNOWLEDGE THAT IF ANYONE IS HURT OR PROPERTY IS DAMAGED DURING MY PARTICIPATION IN THIS ACTIVITY, I MAY BE FOUND BY A COURT OF LAW TO HAVE WAIVED MY RIGHT TO MAINTAIN A LAWSUIT AGAINST PADDLE PUB ON THE BASIS OF ANY CLAIM FROM WHICH I HAVE RELEASED THEM HEREIN.
I HAVE HAD SUFFICIENT OPPORTUNITY TO READ THIS ENTIRE DOCUMENT. I HAVE READ AND UNDERSTAND IT AND I AGREE TO BE BOUND BY ITS TERMS.