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Participant Agreement, Express Assumption of Risks and Liability Release, and Declaration of Fitness

Please read and be certain you understand the implications of signing.

Participant(s) understands that signed waiver is valid for any Kayak/Paddleboard Rental, Guided Kayak/Paddleboard Tour, and/or Kayak/Paddleboard Lesson for our current 2022 season.

I Agree

I hereby acknowledge that I have voluntarily applied to participate in kayaking and/or paddleboarding (SUP) with FAM Coastal LLC, DBA Avila Beach Paddlesports. I am aware that these activities are hazardous activities, and am (and my child is) voluntarily participating in these activities with knowledge of the danger involved and hereby agree to accept any and all risks of injury or death as well as damage to property.

Initials (Under 18, Parent/Legal Guardian Initials):


 

I Agree

Rental Equipment and Use Agreement:

Participant(s) agree(s) to inspect all equipment before use and ask questions of facility employees if participant does not fully understand how to use and/or operate the equipment. Participant accepts any equipment AS IS and agrees to return any equipment before use that is believed to be damaged or defective for replacement or repair. 

Participant acknowledges receipt of rental equipment for self AND participants registered under name. Participant accepts responsibility for the same while in possession and agrees to return all equipment at or before the termination of the scheduled rental time and/or tour period. Participant understands they will be liable for up to the full replacement value of rental equipment not returned and for any extra charges (or full replacement value) if the equipment is damaged beyond normal wear or destroyed beyond repair.

I Agree

 

Declaration of Fitness Agreement:

Furthermore, I hereby declare that I am physically fit and that I have no physical or mental condition(s) that should preclude me from participating in my chosen activity, that I am not participating against medical advice or treatment. I further declare that in the event that I feel ill or unwell, have any physical complaints whatsoever or if an injury is sustained of any kind during the course of the chosen activity(s), I will notify the guide (if applicable) immediately or end the activity voluntarily, even if it is before the scheduled end time. I declare that I am able to swim independently and prepared to participate in a watersport.

I Agree

 

Wildlife Viewing Guidelines and Stewardship Agreement:

I agree to be respectful of all wildlife and abide by all regulations and guidelines for responsible wildlife viewing. I understand that I am solely responsible for any citations, fines, or other punitive measures for any violation and release FAM Coastal LLC and staff from all liability. I understand that disturbing wildlife, including sea otters, seals, and sea lions is a federal violation of the Marine Mammal Protection Act and can also causes the animal stress and harm. This includes waking up sleeping animals, approaching animals too closely and causing them to "flush" from their resting area of rocks, docks, and kelp beds, pursuing animals, touching animals, moving them from a location, etc. I understand that I can report sick or injured wildlife to Harbor Patrol, Marine Mammal Rescue Center, or Pacific Wildlife Care Center. I understand that disturbing wildlife is cause for staff to terminate my activity. I agree to not dispose of trash in any location other than designated waste receptacles. 

I Agree

 

Agreement, Assumptions of Risk and Liability Release:

In consideration of the risk of injury and/or property damage while participating in kayaking and/or paddleboarding, and as consideration for the right to rent equipment and/or participate in a guided tour or lesson (Activity), I (Participant) hereby, for myself, my heirs, executors, administrators, assigns, personal representatives, knowingly and voluntarily enter this waiver and release of liability and hereby waive any and all rights, claims or causes of action or any kinds whatsoever arising out of my participation in the Activity, and do hereby release and forever discharge FAM Coastal LLC, DBA Avila Beach Paddlesports (hereafter referred to ABP), their affiliates, managers, agents, attorneys, staff, employees, volunteers, heirs, representatives, predecessors, successors and assigns, sponsors and advertisers for any physical or psychological injury, including but not limited to illness, paralysis, death damages, economical or emotional loss that I may suffer from any activity related to my participation in chosen activity, including travel to and from the shop location.

I Agree

I do hereby affirm and acknowledge that I have been fully informed of the inherent risks and hazards associated with kayaking and paddleboarding (SUP) activities. Inherent risks and hazards include but are not limited to:

1) Risk of injury from the activity and equipment utilized in kayaking/paddleboarding/stand up paddleboarding is significant, including the potential for permanent disability and death. 2) Cuts, broken bones, and other injuries. 3) Exposure to water hydraulics or currents, hidden or obvious obstructions, and/or debris found that can cause drowning or other harm. 4) Possible equipment failure and/or malfunction of my own or others' equipment. 5) My own negligence and/or the negligence of others, including but not limited to operator error. 6) Hazards related to kayaking/paddleboarding/SUP, which include but are not limited to collision, capsizing, sinking, or other hazards that may result in exposure to the elements, hypothermia, impact of the body on water and/or upon rocks and/or beaches, injection of water into my body orifices, marine life forms, and/or drowning. 7) Cold water and heat-related injuries and illness including but not limited to hypothermia, hyperthermia, heat exhaustion, heat stroke, sunburn, and/or dehydration. 8) Exposure to outdoor elements, including but not limited to inclement weather, lightening, severe and/or varied wind, temperature, rapidly changing weather conditions, regardless of weather and/or wind forecast. 9) Attack by or encounter with insects, marine life forms and/or animals. Please note: if Participant(s) use an INHALER and/or require EPINEPHRINE (EpiPen), they are responsible for bringing their medication for self-administration during the entire activity. FAM Coastal LLC does not provide inhalers or epinephrine medications. 10) Accidents or illness occurring in remote places where rescue may be distant and time-consuming at best. 11) Fatigue, chill, and/or dizziness, which may diminish Particpant's reaction time and increase the risk of accident. 12) Participant's sense of balance, physical coordination, and ability to follow instructions. 13) Exposure to airborne viruses or illnesses.

I understand the description of these risks is not complete and that unknown or unanticipated risks may result in injury, illness, or death. I knowingly and freely assume all such risks, both known and unknown, even if arising from the negligence of the FAM Coastal, LLC and its DBA's. I assume full responsibility for my participation.

In the event that I file a lawsuit against FAM Coastal, LLC, I agree to do so solely in the United States District Court for the Central District of California, Western Division. I hereby irrevocably waive any other jursidiction or venue to which I or my estate might otherwise have been entitled. I agree to submit to the jurisdiction of the California courts. I agree that if any portion of this agreement/contract is found to be void or unenforceable, the remaining portion shall remain in full force and effect; this document is intended to be interpreted as broadly as possible. A copy of this release contract can be used as if it was the original.

I Agree

* I have read this entire Participant Agreement, Express Assumption of Risks and Liability Release, and Declaration of Fitness and I fully understand its terms and understand that I have given up legal rights by signing it. I sign it freely and voluntarily without any inducement. 



April 27, 2024

First Participant's Name

First Name*

Last Name*

Phone*
First Participant's Age Acknowledgment*
First Participant's Date of Birth*
I certify that I am 18 years of age or older
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*
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 Age Acknowledgment*
Parent or Guardian's Date of Birth*
I certify that I am 18 years of age or older
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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