I, the participant or renter being over the age of 18, or the parent of a participant or renter who is under the age of 18, in consideration for the use of the paddleboard/kayak and as a condition of use of such paddleboard/kayak, hereby agree as follows:
- I acknowledge and understand that paddleboarding/kayaking is a hazardous and dangerous activity that requires strenuous exercise and various degrees of skill and experience for the different water conditions. I understand that these activities can result in serious injury to the person and damage to property. I also understand that these risks hazards and dangers are further increased when other persons, whether of the same level of experience or skill or not, are using the same facilities. I am aware of the risks, hazards and dangers of personal injury, death and disability inherent in paddleboarding/kayaking. I am aware that there will be no supervision. I VOLUNTARILY ASSUME SUCH RISKS.
- I hereby agree to release and forever discharge EPIC PADDLE ADVENTURES, LLC and its respective agents, contractors, employees, officers, directors, trustees, affiliates, parents, subsidiaries, successors, assigns, licensees, and all other persons or entities on its behalf (collectively, “Affiliated Parties”), from any and all claim, actions, damages, liability, costs or expenses and attorney fees which are related to, arise out of, or are in any way connected to my/my minor child’s use of the paddleboard/kayak whether or not such claims, actions, damages, liability, costs or expenses are caused by the negligence of EPIC PADDLE ADVENTURES, LLC. I agree to hold harmless and indemnify EPIC PADDLE ADVENTURES, LLC and its respective Affiliated Parties from any and all liability for damage to any third party resulting from my/my minor child’s use of the paddleboard/kayak. By this Agreement, I intentionally surrender and waive any right to sue or exercise any legal right to seek damages from EPIC PADDLE ADVENTURES, LLC or its Affiliated Parties.
- I have personally inspected my rental equipment and acknowledge that it is in good condition and repair. I am relying entirely upon my own inspections and test: no statement or representations of any kind have been made to me by EPIC PADDLE ADVENTURES, LLC, its agents, or employees.
- I agree to return equipment to the same location in which the equipment was given to me in as good condition as when I received it, normal wear and tear excepted. If the equipment is not properly returned at the end of the rental period, I agree to immediately pay the daily rate for each day the equipment is not returned. Daily Rate: $70
- I agree to pay EPIC PADDLE ADVENTURES, LLC for the damages to the equipment beyond normal wear and tear, including but not limited to the following charges: (A) Badly scuffed or marked: (B) Dings of 2” or larger: (C) Broken equipment. In case of theft, loss or destruction of the rental equipment, I agree to immediately pay LAKE LIFE PADDLE the posted fair market value of the item(s) listed at the time of this Agreement. Value of items (per paddleboard/kayak rented): $900
- I understand that the rental equipment is not to be used by anyone other than myself.
- I agree to make no changes or alterations to the rental equipment.
- I agree to use the equipment in accordance with all federal, state, and local laws.
- This agreement applies to paddleboards, kayaks, paddles, fins, life vests, leashes, straps, gloves, whistles, flashlights, etc. rented from EPIC PADDLE ADVENTURES, LLC.
- This Agreement will be effective and binding upon my heirs, agents, personal representatives and assigns. This Agreement will be governed by and interpreted solely in accordance with the laws of Florida. Any dispute between the parties relating to this Agreement or its interpretation will be resolved by binding arbitration, in accordance with the commercial arbitration rules of the American Arbitration Association, in Orange County Florida. The arbitrator(s) will be limited to awarding compensatory damages and will have no authority to award punitive, exemplary or similar type damages. I UNDERSTAND THAT I AM GIVING UP THE RIGHT TO A JURY OR COURT TRIAL.
- I herby certify that I am over the age of 18 years of age. I have carefully read the foregoing and acknowledge that I understand and agree to all of the above terms and conditions. I have had the opportunity to ask questions regarding this Agreement and the effect of the same. I AM AWARE THAT BY PROCEEDING, THAT I ASSUME ALL RISKS AND WAIVE AND RELEASE CERTAIN SUBSTANTIAL RIGHTS THAT I MAY HAVE OR POSSESS.
- I agree to allow EPIC PADDLE ADVENTURES, LLC to use photos and videos taken of me and/or those in my party for advertising and promotion of their business.
- I certify that I am a strong swimmer. EPIC PADDLE ADVENTURES, LLC provides Coast Guard Approved life vests that are recommended to wear.
Dated: September 28, 2021