Explore WV LLC's (hereinafter "Explore WV") company's privacy policy limits contact with customers and does not sell or share its customer/participants' information for monetary consideration.  However, Explore WV reserves the right to share customer/participant information with law enforcement, rescue or medical personnel upon request in the course of their law enforcement or medical treatment/rendering aid duties. 

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Explore WV Waiver for Watercraft


Review Explore WV LLC Privacy Policy

 

July 21, 2024

By signing this agreement, below, I

state that its terms have been presented to me prior to participation with Explore WV, I understand its contents fully and I assent and agree to each and all of its terms by my own free will.  I expressly agree that the terms within are intended to be as broad and inclusive as permitted by the law of the State of West Virginia, and that if any portion thereof is held invalid, it is agreed that the balance shall, not withstanding, continue in full legal force and effect.  This agreement is the entire agreement between me and Explore WV, and its terms are contractual and not a mere recital.

I Agree

Participant understands that once signed, this waiver is valid for any Explore WV watercraft rental(s) for this specific date: July 21, 2024

Rental Equipment Use Agreement:

Participant acknowledges and recognizes the inherent risk of paddling watercraft(s) on WV waterways - lakes, rivers and streams, including but not limited to cold weather immersion and hypothermia, wind and waves, hidden, submerged or visible objects in or around waterways, possible rapid weather changes and rugged shorelines with limited access.  Participant agrees to use kayaks, canoes, paddle boats and/or stand-up paddleboards on WV waterways only.

Participant agrees to inspect all equipment before use and ask questions of Explore WV representative(s) if participant does not fully understand how to use and/or operate equipment.  Participant accepts any equipment AS IS and agrees to return any equipment before use that is believed by participant to be damaged or defective for replacement or repair.

Participant acknowledges receipt of rental equipment for self AND any other participants registered in his or her name. Participant accepts responsibility for the same while in possession and agrees to return all rental equipment at or before termination of rental and/or tour period.  Participant agrees he or she will be liable for up to the full replacement value of rental equipment not returned and for any extra charges (or full replacement value) if the equipment is damaged beyond normal wear or destroyed beyond repair. Participant agrees he or she will be liable to pay any additional fees for equipment returned after the designated return time. Participant understands that Explore WV will not be responsible for any rescue of any/all participants and that the participants assume all the risks associated with using watercraft in varied conditions.  Participant(s) acknowledge there will be a recovery fee of no less than $50 and up to and including full replacement value for any kayak and/or equipment not returned to the agreed upon location with Explore WV that would cause staff to spend resources to recover said missing kayak and/or equipment.

I Agree

Watercraft Use Release, Assumption of Risk and Permission:

WV is Wild and Wonderful but does come with inherent hazards and risks in exploring nature! I do hereby affirm and acknowledge that I have been fully informed of the inherent hazards and risks associated with sit in kayak/sit on top kayak/canoe, paddle boat and/or stand up paddleboard activities.  Inherent hazards and risks in exploring include but are not limited to the following:

  1. Risk of injury from activity and equipment is significant including the potential for permanent disability and death. 
  2. Rollovers or falling/jumping off watercraft that may cause cuts, broken bones and other injuries, permanent disability or death.
  3. Drowning and problems related to near drownings.
  4. Ejections/collisions/entrapments on waterways.
  5. Hazards of traveling on watercraft in normal, rough, low or flooded river, stream or lake conditions.
  6. Injury(s) from moving watercraft and/or other equipment into or out of water or to/from vehicle(s). 
  7. Exposure to water movement or currents, hidden or visible objects and/or debris found that can cause drowning, injury or other harm.
  8. Bites, cuts and infection.
  9. Falling limbs, low bridges or other objects that may injure or impact participants.
  10. Diseases from contaminated water.
  11. Accidents.
  12. Eye injuries, including blindness.
  13. Fresh water ameoba infection.
  14. Allergies from cleaning solvents or other chemicals.
  15. Contact/injury with paddles, helmets, other guests/guides or containers.
  16. Possible failure and or loss of equipment (such as paddles, life jackets, and watercraft) and/or malfunction of my own or other's equipment, including but not limited to safety and communication equipment.
  17. Vehicle damage from transporting rented watercraft to/from locations, that may include but not limited to the following: dents, scratches, stains, torn fabric and/or paint chips.
  18. Collision with objects, persons or animals, including but not limited to the following: submerged objects and other hazards that are not visible.
  19. My own negligence and/or the negligence of others, including but not limited to operator error.
  20. Criminal acts.
  21. Loss of personal property, including but not limited to the following: backpack(s), cinch bag(s), phone(s), camera(s), wallet/purse(s), photo ID(s), cash, debit card(s), credit card(s), and/or watch(es).
  22. Swimming without a life jacket.
  23. Using equipment under the influence of any mind-altering substance, including alcohol, which are PROHIBITED.
  24. Lack of food or drink.
  25. Contact with briars, thorns and other poisonous plants.
  26. Hazards related to which include but are not limited to the following: collision, capsizing, sinking, or other hazards that may result in the exposure of the elements, hypothermia, impact of the body upon the water and/or upon rocks, injection of water into body orifices, marine life forms and/or drowning.
  27. Cold water and heat-related injuries and illness including but not limited to the following: hypothermia, hyperthermia, frostbite, heat exhaustion, heat stroke, sunburn, sun poisoining and/or dehydration.
  28. Exposure to outdoor elements, including but not limited to the following: inclement weather, lightning, hail, rain, snow, severe and/or varied wind, temperature or weather conditions.
  29. Attack by or encounter with insects, marine life forms and/or animals, including but not limited to the following: bee stings, insect and snake bites. PLEASE NOTE: If participant(s) use an INHALER and/or require EPINEPHRINE (EpiPen), they are responsible for bringing their medication for self-administration during the entire rental duration. EXPLORE WV DOES NOT PROVIDE INHALER OR EPINEPHRINE (EpiPen) medications.
  30. Accidents or illness occurring in remote places where there are no available medical facilities and rescue may be distant and untimely.
  31. Injuries occurring in rescue operations.
  32. Fatigue, chill, and/or dizziness, which may diminish reaction time and increase the risk of accident.
  33. Participant's imbalance, lack or coordination or inability to follow instructions.
  34. Participation in this/these activity(s) may include exposure to and illness from COVID-19. While Explore WV company safety protocols may reduce this risk, the risk of serious illness or even death does exist.

*I understand the descriptions of these risks is not complete and that unknown or unanticipated risks may result in injury, illness or death.

I Agree

Release of Liability, Waiver of Claims and Indemnity
Agreement:

In consideration for being permitted to participate in any way in sit-in/sit-on-top kayak/canoe, paddleboat  and/or stand up paddleboard activities, I hereby agree, acknowledge and appreciate that:

  1. I HEREBY RELEASE AND HOLD HARMLESS WITH RESPECT TO ANY AND ALL INJURY, DISABILITY, DEATH OR LOSS OF DAMAGE TO PERSONAL PROPERTY, WHETHER CAUSED BY NEGLIGENCE OR OTHERWISE, the following named persons or entities, herein referred to as releasees: EXPLORE WV LLC, EXPLORE WV, EXPLORE WV MORE.
  2. To release the releasees, their officers, directors, employees, sub-contractors, representatives and agents from liability and responsibility whatsoever and for any claims or causes of action that I, my estate, heirs, survivors, executors, or assigns may have for personal injury, property damage, or wrongful death arising from the above activities whether caused by active or passive negligence of the releasees or otherwise. By executing this document, I agree to hold the releasees harmless and indemnify them in conjunction with any injury, disability, death or loss or damage to person or property that may occur as a result of engaging in the above activities. 
  3. By entering into this Agreement, I am not relying on any oral or written representative or statements made by releasees, other than what is set forth in this Agreement.

This release shall be BINDING to the fullest extent permitted by law.  If any provision of this release is found to be unenforceable, the remaining terms shall be enforceable. 

I Agree

DECLARATION OF FITNESS AGREEMENT:

Furthermore, I hereby declare that I will not participate in this activity if I have any COVID-19 symptoms, that I am physically fit and have NO physical or mental condition(s) that should preclude me from participating in my chosen activity, that I am not participating against medical advice or treatment and that I have not been diagnosed by a registered doctor as having a terminal illness.  I further declare that in the event that I feel ill or unwell, have any kind of physical complaints whatsoever or if an injury is sustained of any kind during the course of watercraft activities, I will notify and immediately disembark from the vessel.

*I HAVE READ THIS RELEASE OF LIABILITY, ASSUMPTION OF RISK AND DECLARATION OF FITNESS AGREEMENT AND I FULLY UNDERSTAND ITS TERMS, AND UNDERSTAND THAT I HAVE GIVE UP LEGAL RIGHTS BY SIGNING IT AND I SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.

I Agree


First Participant's Name

First Name*

Middle Name

Last Name*

Phone*
First Participant's Date of Birth*
First Participant's Signature*
Second Participant's Name

First Name*

Middle Name

Last Name*
Second Participant's Date of Birth*
Third Participant's Name

First Name*

Middle Name

Last Name*
Third Participant's Date of Birth*
Fourth Participant's Name

First Name*

Middle Name

Last Name*
Fourth Participant's Date of Birth*
Fifth Participant's Name

First Name*

Middle Name

Last Name*
Fifth Participant's Date of Birth*
Sixth Participant's Name

First Name*

Middle Name

Last Name*
Sixth Participant's Date of Birth*
Seventh Participant's Name

First Name*

Middle Name

Last Name*
Seventh Participant's Date of Birth*
Eighth Participant's Name

First Name*

Middle Name

Last Name*
Eighth Participant's Date of Birth*
Ninth Participant's Name

First Name*

Middle Name

Last Name*
Ninth Participant's Date of Birth*
Tenth Participant's Name

First Name*

Middle Name

Last Name*
Tenth Participant's Date of Birth*
Address
Address Line 1:*
Street address, P.O. box, company name, c/o
Address Line 2:
Apartment, suite, unit, building, floor, etc.
Country:*
City:*
State/Province:*
Zip/Postal:*
Parent or Guardian's Email Address

Email*

Confirm Email*
jdyearego@gmail.com
Emergency Contact

First Name*

Last Name*

Emergency Contact's Phone Number*
Parent or Guardian's Driver's License / ID Card

Driver's License / ID Card Number*

Issuing State*
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*

Middle Name

Last Name*

Relationship*

Phone*
Parent or Guardian's Date of Birth*
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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