In consideration of being allowed to participate in any way in the program, related events and activities, and use of equipment, I undersigned, acknowledge, appreciate, and agree that: - I KNOWINGLY AND FREELY ASSUME ALL RISKS OF PARICIPATION, both known and unknown, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASEES or others, and assume full responsibility for my participation. Risks include, but are not limited to: complications from weather or physical exertion: perils and hazards from natural features, plants, animals, insects, wet surfaces, tripping hazards and other man-made or natural features; perils from equipment failure or mis-use; delays in receiving medical attention due to remote locations; opportunities to become lost and failure to adhere to routes or to posted signs. I acknowledge that swimming in the river is not allowed.
- I, for myself and on behalf of my heirs, assigns, personal representatives and next of kin, HEREBY RELEASE, AND HOLD HARMLESS Adventure Capital HRSP LLC, FloVibez Adventure Tours LLC, and Hillsborough River State Park. its officers, officials, agents and/or employees, other participants, sponsors, advertisers, and, if applicable, owners and lessors of premises used to conduct the event (RELEASEES), from any and all claims, demands, losses, and liability arising out of or related to any INJURY, DISABILITY OR DEATH I may suffer, or loss or damage to person or property, WHETHER ARISING FROM THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE, to the fullest extent permitted by law.
- I accept full responsibility for the rental and safety equipment rented (“the Equipment”) and agree to pay for any damage to the Equipment and replace the Equipment at full retail value if damaged or not returned by the agreed date and time.
- I understand that each person participating in the Activity is a “Participant “, I am signing on behalf and, if participant is under the age of 18, I am signing as the minor Participant’s parent or legal guardian.
- I understand that certain recreational activities, including but not limited to biking, kayaking, boating, camping and jet-skiing for any reason (the “Activity”), CAN BE HAZARDOUS AND PRESENT A RISK OF PHYSICAL INJURY OR DEATH.
- I understand that all activities carry certain risks, inherent and otherwise, including injury or death caused by equipment failure or improper use, the natural rugged environment, and the negligence or the activity operator, instructor, or other participants. In addition, each Activity carries certain unique risks, which include, but are not limited to, injury or death caused by: (a) collisions or entanglements with other people, or equipment, (b) rugged, steep, or otherwise dangerous terrain, (c) extreme weather, (d) open water, capsizing, swimming, drowning, and cold water immersion, (e) vehicle collisions, diver error, and rollovers, (f) other natural or constructed features, such as bridges, ramps, berms, and bumps, (g) misleading, entanglements, or falls, and (h) other risks related to travel on rugged, mountainous terrain on unimproved roads. I understand that the Activities carry these and other risks and EXPRESSLY ASSUME ALL RISKS ASSOCIATED WITH EACH ACTIVITY.
- I agree to accept and rent equipment “AS IS” and WITH NO WARRANTIES, express or implied. I agree that the Participants listed on this form will be the only people using the equipment and will not use it until Participant receives and understands instructions on its use and function.
- I represent that the Participant is in a good health and that there are no special problems associated with Participant’s physical or mental condition. I authorize a licensed physician or other medical care provider to carry out any emergency medical care for Participant which may be necessary and agree to be fully responsible for any associated costs.
- I agree that ANY AND ALL CLAIMS OR LOSS, INJURY AND/OR DEATH REGARDING AN ALLEGED INCIDENT SHALL BE GOVERNED BY THE LAW OF THE STATE WHERE THE ALLEGED INCIDENT OCCURRED AND EXCLUSIVE JURISDICTION SHALL BE IN THE STATE or federal court sitting in the district where the alleged incident occurred (except that all claims arising at Hillsborough River State Park shall be governed by Florida law and exclusive jurisdiction shall be in Florida court of competent jurisdiction).
- If a minor Participant is participating in the Activity, I represent that I am the minor Participant’s parent or legal guardian and that I VOLUNTARILY GRANT PERMISSION FOR THE MINOR PARTICIPANT TO TAKE PART IN THIS ACTIVITY. I acknowledge that I am signing this release on behalf of the minor and that THE MINOR SHALL BE BOUND BY ALL THE TERMS OF THIS RELEASE. By signing this agreement without a parent or guardian’s signature, I represent that I am at least 18 years of age. I AGREE TO INDEMNIFY THE RELEASED PARTIES FOR ALL LIABILITY AND CLAIMS, INCLUDING ATTORNEYS’ FEES, ARISING FROM ANY MISREPRESENTATIONS IN OR FRAUDULENT EXECUTION OF THIS AGREEMENT.
Date: July 26, 2024 Health Statement I will notify management or employees of Adventure Capital HRSP LLC if I suffer from any medical or health condition that may cause injury to myself, others, or may require emergency care during my participation. Photo Release I hereby grant Adventure Capital HRSP LLC permission to use my likeness in a photograph, video, or other digital media (“photo”) in any and all of its publications, including web-based publications, without payment or other consideration. I hereby irrevocably authorize Adventure Capital HRSP LLC to edit, alter, copy, exhibit, publish, or distribute these photos for any lawful purpose. In addition, I waive any right to inspect or approve the finished product wherein my likeness appears. Additionally, I waive any right to royalties or other compensation arising or related to the use of the photo. I hereby hold harmless, release, and forever discharge the Adventure Capital HRSP LLC from all claims, demands, and causes of action which I, my heirs, representatives, executors, administrators, or any other persons acting on my behalf or on behalf of my estate have or may have by reason of this authorization. I HAVE READ THIS RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTANDING THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.
Florida Fish and Wildlife Conservation Commission Livery Pre-Rental and Pre- Ride Instruction Checklist and Attestation (Human Powered) Please insert your inital here . Your initial will be used to represent particpant(renters) inital for every check box listed below Operator Responsibility: Operator is responsible for the safe and proper operation of the vessel; Avoid careless, reckless and negligent operation of vessels; Effects of alcohol, controlled substances and stressors I Agree By clicking "Agree," you acknowledge and consent to the use of your typed initials stated above as your legally binding signature. This action signifies that you have fully read, understood, and agreed to the terms and conditions set forth in the statement above.Navigation Rules: Maintain a proper lookout; Keep a safe distance from other vessels and objects; Operate at a safe speed for the conditions; location and environment; Operate in a defensive manner; Requirements to give way to other vessels and vessel right of way I Agree By clicking "Agree," you acknowledge and consent to the use of your typed initials stated above as your legally binding signature. This action signifies that you have fully read, understood, and agreed to the terms and conditions set forth in the statement above.Aids to navigation; buoys and other waterways markers: It's important to note that there are no buoys or waterway markers on this portion of the Hillsborough River. Instead, we rely on land markers to navigate the river. The first marker is located upstream at the first suspension bridge, approximately 5 minutes from the launch point. This marker is indicated by a sign stating "No kayaking or canoeing beyond this point." Downstream, another marker is located approximately 1 hour to 1 hour and 10 minutes away from the launch point. This marker is identified by a sign that reads "Now leaving Hillsborough River State Park." These land markers serve as aids to navigation, helping paddlers maintain a sense of direction and stay within designated areas. Please be mindful of these markers and adhere to any posted regulations for a safe and enjoyable paddling experience. I Agree By clicking "Agree," you acknowledge and consent to the use of your typed initials stated above as your legally binding signature. This action signifies that you have fully read, understood, and agreed to the statement above.Special Waterway Hazards: Operate at slow speed minimum wake when within 300 feet or emergency vessels with activated emergency lights or within 300 feet of construction vessels displaying an orange flag. I Agree By clicking "Agree," you acknowledge and consent to the use of your typed initials stated above as your legally binding signature. This action signifies that you have fully read, understood, and agreed to the statement above.Awareness of changes to weather or water conditions and proper responses to those changes
At Adventure Capital, safety is our top priority while still fostering outdoor enjoyment. We acknowledge the allure of kayaking or canoeing in various weather conditions, but it's vital to remain vigilant and responsive for your safety and that of others. While we embrace light rain or drizzle, heavy downpours warrant seeking shelter until conditions improve, with waterproof gear recommended for comfort. Thunderstorms require immediate action; if thunder or lightning is observed within three miles, we suspend all rentals for thirty minutes after each lightning strike, seeking shelter in sturdy buildings or vehicles during this time. Wind speeds exceeding 18 miles per hour pose risks, and we prohibit vessels from venturing out in such conditions. Should you unexpectedly encounter deteriorating weather, stay calm, seek shelter, assess conditions, and communicate with Adventure Capital staff if possible, prioritizing safety. Additionally, avoid metal objects, as they can attract lightning, and if in a watercraft, stay inside, crouching low and avoiding contact with metal parts. I Agree By clicking "Agree," you acknowledge and consent to the use of your typed initials stated above as your legally binding signature. This action signifies that you have fully read, understood, and agreed to the statement above.Propulsion, steering and stopping characteristics of vessels: To steer your kayak or canoe, use paddle strokes on opposite sides of the boat: paddle on the right to turn left, and paddle on the left to turn right. The forward stroke propels you forward, entering the water near your toes and exiting near your hips. For sharper turns, use sweep strokes, arcing the paddle away from the boat's hull. Leaning slightly in the direction you want to turn helps maneuverability. To stop, simply stop paddling and let the water's resistance slow you down. For quicker stops, use a backstroke, pushing the water behind you. For paddling, grip the paddle with both hands shoulder-width apart, and use your core muscles to rotate your torso with each stroke, keeping the paddle close to the boat. Practice these techniques regularly for efficient and enjoyable kayaking or canoeing experiences. I Agree By clicking "Agree," you acknowledge and consent to the use of your typed initials stated above as your legally binding signature. This action signifies that you have fully read, understood, and agreed to the statement above.Location and content of manufacturer warning labels Manufacturer warning labels for Ocean Kayak Malibu tandem, Malibu 11.5 single, and Old Town Discover canoes are typically located in prominent and visible areas on the watercraft. These labels contain essential safety information and warnings. Labels may provide contact information for the manufacturer or relevant authorities for reporting incidents or seeking further assistance. It is crucial for users to thoroughly read and understand these warning labels before operating the watercraft to ensure a safe and enjoyable paddling experience. I Agree By clicking "Agree," you acknowledge and consent to the use of your typed initials stated above as your legally binding signature. This action signifies that you have fully read, understood, and agreed to the statement above.Location of and proper use of safety equipment Safety equipment, including life jackets, is provided by Adventure Capital and is typically located at the rental facility or on the watercraft itself. Life jackets are essential safety gear and must be worn by all participants while on the water. Adventure Capital ensures that life jackets are provided to each participant at the time of rental. It is the responsibility of the renter to ensure that the life jacket fits properly before entering the water. Proper fit is crucial for the effective functioning of the life jacket in the event of an emergency. Participants should adjust straps and closures to ensure a snug and secure fit, with the life jacket sitting comfortably and not riding up excessively. Adventure Capital staff are available to assist with fitting and adjustments as needed. It is imperative that renters prioritize safety and adhere to these guidelines to mitigate the risk of accidents or injuries while enjoying their paddling experience. I Agree By clicking "Agree," you acknowledge and consent to the use of your typed initials stated above as your legally binding signature. This action signifies that you have fully read, understood, and agreed to the statement above.Boarding, falling off, capsizing, taking on water, re-boarding and emergency procedures for dealing with these situations Guests renting kayaks or canoes for their Hillsborough River adventure will begin their journey at our launch site. Before setting out, it's essential to understand basic procedures for boarding, falling off, capsizing, and dealing with emergencies. Life jackets will be provided and must be worn properly throughout the trip. If you happen to fall off or capsize, remain calm, hold onto your watercraft, and attempt to flip it back over. For kayaks, you can use the "cowboy rescue" method, where you climb onto the overturned kayak like a cowboy mounting a horse, then use your body weight to flip it upright. Alternatively, the "T-rescue" involves another paddler stabilizing your kayak while you re-enter from the water. For canoes, perform a "canoe-over-canoe" rescue by flipping the canoe back over while both paddlers stabilize it, then re-board from the water. Signal for assistance if needed, and always paddle towards the nearest shore if taking on water. In case of emergencies, promptly contact Adventure Capital staff or emergency services for assistance. Your safety is our top priority, so please familiarize yourself with these procedures for a safe and enjoyable paddling experience. I Agree By clicking "Agree," you acknowledge and consent to the use of your typed initials stated above as your legally binding signature. This action signifies that you have fully read, understood, and agreed to the statement above.Problems seeing other vessels and being seen by them Always yield to larger or less maneuverable vessels and give ample space when passing. Stay vigilant, scan the water frequently for approaching craft, and make yourself visible by wearing bright clothing and using flags or reflective gear. This ensures safety and enhances everyone's enjoyment on the river. I Agree By clicking "Agree," you acknowledge and consent to the use of your typed initials stated above as your legally binding signature. This action signifies that you have fully read, understood, and agreed to the statement above.The dangers of wake or surf jumping and other reckless operations. It's crucial for paddlers to understand the dangers of wake or surf jumping and other reckless operations on the river. Jumping wakes or surfing waves created by vessels can be extremely dangerous, leading to capsizing, collisions, or injuries. The unpredictable nature of water conditions and the presence of other watercraft amplify these risks. Additionally, reckless operations such as sudden maneuvers, excessive speed, or ignoring navigation rules pose serious hazards to both paddlers and other river users. Such actions can result in accidents, injuries, or even fatalities. Therefore, it's essential for all paddlers to exercise caution, respect others' safety, and avoid engaging in reckless behaviors while on the river. I Agree By clicking "Agree," you acknowledge and consent to the use of your typed initials stated above as your legally binding signature. This action signifies that you have fully read, understood, and agreed to the statement above.Boating safety identification cards, age and engine requirements Boating safety identification cards are not required for human-powered personal watercraft, but having one is always advisable for demonstrating a commitment to safe boating practices. I Agree By clicking "Agree," you acknowledge and consent to the use of your typed initials stated above as your legally binding signature. This action signifies that you have fully read, understood, and agreed to the statement above.Photographic identification To rent out any equipment, a photo state issued ID is required. This ensures accountability and helps us maintain a safe and organized rental process. Please ensure you have a valid photo state issued ID with you when renting a kayak from us. I Agree By clicking "Agree," you acknowledge and consent to the use of your typed initials stated above as your legally binding signature. This action signifies that you have fully read, understood, and agreed to the statement above.Boating Accidents: Major boating accidents involving kayaks or canoes often stem from factors such as capsizing, collisions, or encountering hazardous conditions. Capsizing can occur due to rough waters, improper weight distribution, or sudden maneuvers. Collisions may happen when paddlers fail to yield to other watercraft or misjudge distances. Hazardous conditions like strong currents, submerged obstacles, or inclement weather can also contribute to accidents. To prevent such incidents, paddlers should prioritize safety by wearing life jackets, avoiding reckless behavior, staying aware of surroundings, and adhering to navigation rules. Additionally, receiving proper training, understanding water conditions, and carrying essential safety gear can significantly reduce the risk of accidents on the water.; Legal requirements: remain on-scene, render assistance, report incident to authorities. I Agree By clicking "Agree," you acknowledge and consent to the use of your typed initials stated above as your legally binding signature. This action signifies that you have fully read, understood, and agreed to the statement above.Florida divers-down warning device requirements In Florida, divers are required to display a divers-down warning device when in the water. This device typically consists of a buoy or flag, displayed prominently to alert nearby vessels of the presence of divers below. No diving Is allowed on the river. I Agree By clicking "Agree," you acknowledge and consent to the use of your typed initials stated above as your legally binding signature. This action signifies that you have fully read, understood, and agreed to the statement above.Noise, nuisances and other environmental concerns Noise pollution can arise from activities such as loud conversations, music, or shouting, which may disrupt the peace and tranquility of the natural environment or disturb wildlife. Nuisances may involve littering, improper waste disposal, or excessive congestion at launch sites or popular paddling areas, detracting from the enjoyment of other users and impacting the ecosystem. Practice Leave No Trace principles, and respect local regulations to preserve the natural beauty and integrity of waterways for future generations. I Agree By clicking "Agree," you acknowledge and consent to the use of your typed initials stated above as your legally binding signature. This action signifies that you have fully read, understood, and agreed to the statement above.Manatee awareness (if applicable to location) Manatees are not found in this section of the Hillsborough River. This is not applicable. I Agree By clicking "Agree," you acknowledge and consent to the use of your typed initials stated above as your legally binding signature. This action signifies that you have fully read, understood, and agreed to the statement aboveEcosystem awareness based on local issues Ecosystem awareness involves protecting its balance, amidst challenges such as habitat degradation, pollution, and invasive species, particularly near river rapids where kayaking is prohibited. Efforts include habitat restoration, water quality monitoring, and educating visitors about respecting designated areas to safeguard both wildlife habitats and human safety, notably regarding alligators. I Agree By clicking "Agree," you acknowledge and consent to the use of your typed initials stated above as your legally binding signature. This action signifies that you have fully read, understood, and agreed to the statement above.Specific operational characteristics of the vessel being leased or rented: These watercraft are designed for recreational use on calm or moderate waters and offer ease of paddling for beginners and experienced paddlers alike. The Ocean Kayak Malibu Tandem provides ample space for two paddlers with comfortable seating and storage options - Length: 12ft
- Weight Capacity: 415lb
- Limit: 2 People
The Malibu 11.5 Single offers solo adventurers a versatile and responsive kayak. - Length: 11.5f
- Weight Capacity: 300lb
- Limit: 1 Person
The Old Town Discover canoe feature durable construction and spacious interiors, ideal for exploring rivers and our most popular rental.
- Length: 15.6ft
- Weight Capacity: 750lb
- Limit: 3 People
Participants combined weight must to exceed the manufactures weight limit for the vessel. I Agree By clicking "Agree," you acknowledge and consent to the use of your typed initials stated above as your legally binding signature. This action signifies that you have fully read, understood, and agreed to the statement above. Local characteristics of the waterway where the leased or rented vessel is intended to be operated, to include: Local characteristics of the waterway where the leased or rented vessel is intended to be operated include the Hillsborough River, stretching approximately 60 miles downstream from Hillsborough River State Park. Navigational hazards like class 2 rapids pose risks that kayakers must avoid for safety. While kayakers are allowed to explore downstream as far as they desire, they must keep in mind that they must return the same way they came, considering the distance traveled and ensuring they have enough energy and time to paddle back. In the event that a kayaker is unable to paddle back and requires assistance, a rescue fee of $50.00 will be charged, covering the cost of rescue services and emphasizing the importance of planning ahead for a safe journey. It's essential for renters to be aware of fluctuating water depths and adhere to safety regulations, including the prohibition of motorized vessels on the river and limitations on passing the first suspension bridge. I Agree By clicking "Agree," you acknowledge and consent to the use of your typed initials stated above as your legally binding signature. This action signifies that you have fully read, understood, and agreed to the statement above.Paddlecraft It is crucial to read and obey any signage indicating restricted areas or no-pass zones along the waterway. Additionally, paddlers are required to follow all local waterway regulations and Adventure Capital HRSP rules. I Agree By clicking "Agree," you acknowledge and consent to the use of your typed initials stated above as your legally binding signature. This action signifies that you have fully read, understood, and agreed to the terms and conditions set forth in the statement above.Off-Site or extended period use Renters are instructed not to take our kayaks off the premises. Additionally, for long-term use, they must ensure to return the kayaks on the same day before our closing time. It's essential for renters to avoid rocks and shallow areas that may cause damage to the kayaks or canoes, ensuring the safety and maintenance of our vessels for all users. I Agree By clicking "Agree," you acknowledge and consent to the use of your typed initials stated above as your legally binding signature. This action signifies that you have fully read, understood, and agreed to the statement above.Conducted an on-the-water demonstration and check ride to verify the prospective operator’s ability to safely operate the vessel to be leased or rented I hereby acknowledge I have provided the required pre-rental and pre-ride instruction as specifically acknowledged above. Staff member signature will act as acknowledgement and as initial for all line items stated above. Adventure Capital HRSP STAFF Member (Instructor) July 26, 2024
Adventure Capital HRSP LLC Employee I hereby acknowledge I have received the required pre-rental and pre-ride instruction as specifically acknowledged above, and I understand the rules and information provided in this orientation. Renter July 26, 2024 Signature box must include name of the renter. In consideration of being allowed to participate in any way in the program, related events and activities, and use of equipment, I undersigned, acknowledge, appreciate, and agree that:
- I have attentively viewed Adventure Capital HRSP LLC's livery video and comprehended the explanation and information provided therein.
- I commit to thoroughly reading each item on the provided checklist and will promptly seek clarification from an Adventure Capital HRSP LLC staff member should any questions arise.
- I understand and agree to comply with the mandatory requirement of wearing the provided life jacket throughout the entirety of the trip.
- I recognize the inherent risks associated with human-powered watercraft activities, such as kayaking, canoeing, or paddleboarding, and accept personal responsibility for my safety during participation.
- I agree to adhere to all safety instructions, guidelines, and regulations stipulated by Adventure Capital HRSP LLC staff before, during, and after the activity, ensuring the well-being of myself and others.
- Prior too engaging in the activity, I pledge to assess my physical fitness and competence, consulting with a medical professional if uncertainties regarding my ability to participate arise.
- I commit to observing and respecting all local, state, and federal laws and regulations pertinent to the operation of watercraft and environmental conservation during the activity.
- I acknowledge Adventure Capital HRSP LLC's authority to deny service or participation to individuals under the influence of drugs or alcohol, or those deemed to pose a risk to themselves or others.
- I commit to maintaining a respectful and considerate demeanor towards Adventure Capital HRSP LLC staff, fellow participants, and members of the public, fostering a positive and inclusive environment throughout the duration of the activity.
- I agree to promptly report any safety concerns, equipment malfunctions, or incidents to Adventure Capital HRSP LLC staff, prioritizing the well-being and safety of all participants.
- I acknowledge that weather and environmental conditions may impact the safety and feasibility of the activity, and I agree to abide by Adventure Capital HRSP LLC staff's decisions regarding cancellations, postponements, or alterations to the planned itinerary for the purpose of ensuring participant safety.
- I recognize the importance of environmental stewardship and pledge to minimize my impact on natural habitats, waterways, and surrounding ecosystems by disposing of waste responsibly and refraining from disturbing wildlife or vegetation.
- I understand that Adventure Capital HRSP LLC reserves the right to modify or update the terms and conditions of this agreement as necessary, and I agree to adhere to any such changes communicated by Adventure Capital HRSP LLC staff.
- I acknowledge that failure to comply with the terms of this agreement may result in the termination of my participation in the activity without refund, and I accept responsibility for any associated costs or consequences incurred as a result of my actions.
- I agree to provide accurate and truthful information when completing any registration or waiver forms associated with the activity, and I understand that any misrepresentation may result in the nullification of this agreement and forfeiture of participation privileges.
- I understand that Adventure Capital HRSP LLC may provide safety briefings, skill demonstrations, or instructional sessions prior to the commencement of the activity, and I agree to actively engage in these educational opportunities to enhance my understanding and proficiency.
- I acknowledge that Adventure Capital HRSP LLC may conduct pre-ride inspections of equipment and gear to ensure compliance with safety standards and regulations, and I agree to cooperate fully with any such inspections.
- I understand that the participation of minors in the activity may require additional supervision and oversight, and I agree to assume responsibility for the conduct and safety of any minors under my care during the activity.
- I agree to inform Adventure Capital HRSP LLC staff of any relevant medical conditions or special requirements that may impact my participation.
- I acknowledge that the decision to participate in the activity is voluntary, and I agree to assume all risks associated with my participation, including those not specifically outlined in this agreement.
I HAVE READ THIS Liability waiver & Livery Pre-Rental and Pre- Ride Instruction Checklist and Attestation (Human Powered), FULLY UNDERSTAND ITS TERMS, UNDERSTANDING THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.
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