IN CONSIDERATION of being permitted to participate in any way in the activities and programs of Skinny Water Paddling Company and the use of its equipment, I, for myself, my personal representatives, assigns, heirs, and next of kin: 1. ACKNOWLEDGE, agree, and represent that I understand the nature of paddlesports and related activities and that I am qualified, in good health, in proper physical condition to participate in such activity and willingly agree to comply with the stated and customary terms and conditions of participation. I further agree and warrant that if at any time I believe conditions to be unsafe, I will immediately discontinue further participation in the Activity. If I decide to leave early and not complete the trip as planned, I assume all risks inherent in my decision to leave. 2. FULLY UNDERSTAND that: (a) Paddlesports and related ACTIVITIES INVOLVE RISKS AND DANGERS OF DAMAGE TO PERSONAL PROPERTY AND SERIOUS BODILY INJURY, INCLUDING PERMANENT DISABILITY, PARALYSIS, AND DEATH ("RISKS"); (b) these Risks and dangers may be caused by my own actions or inactions, the actions or inactions of others participating in the Activity, the condition in which the Activity takes place, or THE NEGLIGENCE OF THE "RELEASEES" NAMED BELOW; (c) there may be OTHER RISKS AND SOCIAL AND ECONOMIC LOSSES either not known to me or not readily foreseeable at this time; and I FULLY ACCEPT AND ASSUME ALL SUCH RISKS AND ALL RESPONSIBILITY FOR LOSSES, COSTS, AND DAMAGES I incur as a result of my participation or that of the minor in the Activity. 3. HEREBY RELEASE, DISCHARGE, AND COVENANT NOT TO SUE Skinny Water Paddling Company, their respective instructors, volunteers, and employees, other participants, any sponsors, advertisers, and, if applicable, owners and lessors of premises on which the Activity takes place, (each considered one of the "RELEASEES" herein) FROM ALL LIABILITY, CLAIMS, DEMANDS, LOSSES, INJURIES, DAMAGE TO PROPERTY, OR OTHER DAMAGES ON MY ACCOUNT CAUSED OR ALLEGED TO BE CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF THE "RELEASEES" OR OTHERWISE, INCLUDING NEGLIGENT RESCUE OPERATIONS; AND I FURTHER AGREE that if, despite this RELEASE AND WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT I, or anyone on my behalf, makes a claim against any of the Releasees, I WILL INDEMNIFY, SAVE, AND HOLD HARMLESS EACH OF THE RELEASEES from any litigation expenses, attorney fees, loss, liability, damage, or cost which any may incur as the result of such claim. I HAVE READ THIS AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT AND HAVE SIGNED IT FREELY AND WITHOUT ANY INDUCEMENT OR ASSURANCE OF ANY NATURE AND INTEND IT TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW AND AGREE THAT IF ANY PORTION OF THIS AGREEMENT IS HELD TO BE INVALID THE BALANCE, NOTWITHSTANDING, SHALL CONTINUE IN FULL FORCE AND EFFECT.
I understand that kayaking and/or paddleboarding are potentially hazardous activities and that strength, flexibility, and the ability to swim and perform other skills relating to said activities are helpful and/or necessary to my safety and to the safety of those around me. I also understand that these activities and use of equipment involve a risk of property loss, serious injury and even death and that I am voluntarily participating in these activities and using equipment with the knowledge of the dangers involved. I hereby agree to expressly assume and accept any and all risks of injury or death.
I agree that I am a capable swimmer, and I am responsible for my own safety and/or the safety of any children in my care or company. I understand that Florida state law requires all kayakers age 6 or under to wear their life jackets, all others must at minimum have life jackets on board each boat. I understand that Skinny Water Paddling Company encourages me to wear the provided life jacket.
Photo Release: I give Skinny Water Paddling Company the absolute right and permission to use my photograph. I understand that these images might be used in print media publications, advertisements, online and in any other format that Skinny Water Paddling Company chooses.
I agree that I have carefully inspected the equipment and find it suitable for the purpose for which it is leased and/or used, and that the equipment is in suitable and acceptable condition. I hereby agree to maintain all equipment in a safe, dependable location while in my care.
I hereby understand that a deposit may be required for the use and/or rental of any equipment, unless otherwise waived by Skinny Water Paddling Company. I further understand and agree that said deposit shall be retained as partial compensation for failing to return any equipment in good condition, ordinary wear and tear excluded, and/or reimbursement of equipment damaged, missing or broken.
I agree not to use, nor permit the use of: a) the equipment for any unlawful purpose; b) equipment in a careless or negligent manner; c) equipment under the influence of alcohol and/or narcotics; d) equipment by any other person not the signatory of this agreement or contemplated by this agreement.
I acknowledge my responsibility for the safe and proper operation of all equipment I use or handle and for the safety and welfare of other boaters, myself and/or other persons. I hereby agree and acknowledge that Skinny Water Paddling Company shall not be held liable for damages caused by accident, breakdown or malfunction of equipment or for loss of or damage to property or injury to persons (including death) resulting from the use of the equipment in any form whatsoever or from participation in any activities provided by, through or with Skinny Water Paddling Company. I further hereby agree to hold harmless Skinny Water Paddling Company harmless should loss or damage occur to any of my personal property. I expressly agree to indemnify and hold Skinny Water Paddling Company harmless of, from, and against any and all loss, costs, damages, attorney fees and costs, including fees on fees, and/or any liability whatsoever in connection with the enforcing of the subject agreement by Skinny Water Paddling Company, including expenses incurred in collection or attempting to collect payment and/or in the event of suit by Skinny Water Paddling Company to recover possession of equipment and/or enforce any of the terms, conditions and/or provisions hereof.
In the event of a malfunction, breakdown, or if any defect is discovered after acceptance of equipment, I will immediately report same to Skinny Water Paddling Company. Continued use of it shall be entirely at my own risk and I assume all liability of injury and damage to all persons and property that may become involved in its continued use.
Skinny Water Paddling Company reserves the right to cancel this agreement due to inclement or impending bad weather or unforeseen circumstances.
I Agree I certify that I have read and understand the read and understand the rules and regulations, and that i further assume the responsibility to see that my family and/or guests will obey the rules as well.