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Release of Liability and Assumption of Risk 

EAGLE RAY KAYAKS

Phone: 772-202-0817  Email: info@eagleraykayaks.com

Website: eagleraykayaks.com

Participation Agreement, Release and Assumption of Risk 

In consideration of the services of Marbade Inc, dba  Eagle Ray Kayaks, its agents, owners, heirs, officers, volunteers, participants, employees, and all other persons or entities acting in any capacity on its behalf (herein collectively referred to as "Eagle Ray Kayaks"), I hereby agree to release and discharge Eagle Ray Kayaks on behalf of myself, my children, my parents, my heirs, assigns, personal representative and estate as follows: 

  1. I acknowledge that kayaking entails known and unanticipated risks, which could result in physical or emotional injury, paralysis, death or damage to myself, to property, or to third parties. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity. The risks include, among other things: boat capsizing, tidal conditions and currents, travel in remote areas, collision with other objects or watercraft, prolonged exposure to cold water, hypothermia, accidental drowning, mental anguish or trauma, illness in remote areas, exposure to strong wind and sun, cold storms, large waves, eddies and whirlpools, lightning, aggressive and/or venomous wildlife, wrist, arm, shoulder or back injuries, slips and falls, and rapidly changing and adverse weather and water conditions and loss of personal items.
  2. I expressly agree and promise to accept and assume all risks existing in this activity. My participation is purely voluntary, in spite of the risks.
  3. I hereby voluntarily release, forever discharge and agree to indemnify and hold harmless Eagle Ray Kayaks from any and all claims, demands, or causes of actions, which are in any way connected with my participation in this activity or my use of Eagle Ray Kayaks equipment and facilities, including any such claims which allege negligent acts or omissions of Eagle Ray Kayaks.
  4. I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating, or else I agree to bear the costs of such injury or damage myself. I further certify that I am willing to assume the risk of any medical or physical condition that I may have.
  5. In the event that I file a lawsuit against Eagle Ray Kayaks, I agree to do so solely in the state of Florida, and I further agree that the substantive law of that state shall apply in that action without regard to the conflict of the lawful rules of that state. I agree that if any part of this agreement is found to be void or unenforceable, the remaining portion shall remain in full force and effect. 
  6. 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 Eagle Ray Kayaks on the basis of any claim from which I have released them therein. 
  7. I hereby authorize any medical treatment deemed necessary in the event of injury while participating in this activity. I have either appropriate insurance, or, in its absence, agree to pay all costs of rescue and/or medical services as may be incurred on my/our behalf.
  8.  I understand that once I take possession of the rented equipment, no refund is available for any reason. 
  9. I acknowlege the equipment given to me to use is in good working condition and I agree to return it in the same condition or cover the damages or loss. I agree that if I lose or damage equipment my credit card can be charged up to $500. 
  10. I agree to return the equipment to the agreed launching point at a pre-agreed time. I understand a "late returns fee" may be levied on my credit card if I have not expressly communicated in a reasonable amount of time with Eagle Ray Kayaks prior to my scheduled return time that I wish to extend my rental period. The "late return fee" will be no less than $20 for the first half-hour and $10 for each half-hour increment following, rounding to the next half-hour. A half hour grace period exisits beyond the agreed return time.

I have read the release of liability and, by signing, agree to hold harmless Eagle Ray Kayaks and its agents. I attest I am capable of performing the activity and no one has coerced or forced me to participate. 

Email addresses are requested only for the purpose of online registration and for occasional promotions. They will never be sold or shared. 

Services may be declined for purposes of safety, such as known adverse weather conditions or obvious signs of alcohol or drug abuse. 

First Participant's Name

First Name*

Last Name*

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

First Name*

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

First Name*

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

First Name*

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

First Name*

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

First Name*

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

First Name*

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

First Name*

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

First Name*

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

First Name*

Last Name*
Tenth Participant's Date of Birth*
Parent or Guardian's Email Address

Email*

Confirm Email*
Check to receive information, news, and discounts by e-mail.
Emergency Contact

First Name*

Last Name*

Emergency Contact's Phone Number*
Paddle Information

What date are you kayaking? *
Are you kayaking with a group?*
No
Yes

If yes, please provide a group name for everyone to use

How many people in your group? *
Paddling Location
Where will you be launching?*

If other, where are you launching?
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*

Last Name*

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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