In consideration of the services of Kayak Fishing Destin LLC, its agents, owners, officers, volunteers, participants, employees, and all other persons or entities acting in any capacity on its behalf (hereinafter collectively referred to as “KFDLLC”), and being permitted to participate in any or all of the activities below, I hereby agree to release, indemnify, and discharge KFDLLC, on behalf of myself, my children, my parents, my heirs, assigns, personal representative and estate as follows:
! The activities of KFDLLC include, but are not limited to kayaking, angling, hiking, camping, travel by boat, wildlife viewing, travel on uneven terrain, loading and unloading gear, and exploration of remote areas. I acknowledge that these activities entail foreseeable and unforeseeable/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. Furthermore, KFDLLC guides have difficult jobs to perform. They seek safety, but they are not infallible. They might be unaware of a participant’s fitness or abilities. They might misjudge the weather, the elements, or the terrain. They may give inadequate warnings or instructions, and the equipment being used might malfunction.
! The risks include but are not limited to: boat capsize, tidal conditions and currents, travel in remote areas, collision with objects or other water-craft, prolonged exposure to cold water, hypothermia, accidental drowning, illness in remote areas, exposure to sun, strong wind, cold, storms, large waves, currents, eddies and whirlpools, and
lightning, aggressive and/ or poisonous wildlife, wrist, arm, shoulder or back injuries, slips and falls while hiking, being struck by or falling against a rock or sharp object, slippery surfaces, rapidly changing adverse weather and water conditions, delayed communication or inability to communicate due to remote settings, and prolonged delay in
medical assistance or ineffective medical treatment due to remote settings.
! I expressly agree and promise to accept and assume all of the risks associated with these activities. My participation in this activity is purely voluntary, and I elect to participate in spite of the risks. I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless KFDLLC from any and all claims, demands, or causes of action, which are in any way connected with my participation in these activities or my use of KFDLLC equipment or facilities, including any such Claims which allege negligent acts or omissions of KFDLLC. I further agree to defend, hold harmless and indemnify KFDLLC from any claim, loss, liability, damages or expenses resulting from a claim brought by a fellow participant, rescuer, or any other person for loss, injury, illness, disability or death caused by my conduct. If I become ill, injured or incapacitated, KFDLLC may take any action deemed necessary for my safety and well being, including securing medical treatment, at my own expense.
! Should KFDLLC or anyone acting on their behalf, be required to incur attorney’s fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs. 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 have no medical or physical conditions, which could interfere with my safety in this activity, or else I am willing to assume – and bear the costs of -- all risks that may be created, directly or indirectly, by any such condition.
! In the event that I file a lawsuit against KFDLLC, 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 law rules of that state. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining portions shall
remain in full force and effect.
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 KFDLLC on the basis of any claim from which I have released it herein. I have read this Participant Agreement, and understand and agree to this Release of Liability and Acknowledgment and Assumption of Risks and agree to be bound by its terms.
Today's Date: September 30, 2023