Toledo Bend Kayak Rental LLC Kayak Pick Up Participation Agreement, Waiver & Release
This document limits our liability. Please read it carefully before signing. For and in consideration of the use, rental, or other access to equipment, facilities, or activities of Toledo Bend Kayak Rental LLC, the undersigned Participants enter this Kayak Pickup Participation Agreement & Waiver and Release (Agreement). By signing this Agreement, I agree to all of the following terms and conditions: WARNINGS, UNDERSTANDINGS, AND REPRESENTATIONS:
The business of Toledo Bend Kayak Rental LLC includes Kayaking open water sports activities. I understand that participation in these activities involves risk of serious injury, including bodily, mental injury, disability, paralysis, pain, suffering, or death. Dangers to persons, pets, and other property may include tipping or turning over of watercraft; entanglement in obstructions; exposure to heat, cold, lightning, storms, strong currents, injurious plants, harmful algae, bacteria, waterborne toxins, insects, animals, or other elements; sunburn; dehydration; heat stroke; muscle cramps; exhaustion; hypothermia; or accidental drowning. I understand that risks and dangers may result from the acts or omissions of myself or third parties, or of Toledo Bend Kayak Rental LLC, its agents, employees, owners, participants, volunteers, or others acting on their behalf. With full knowledge of the risks and dangers, I represent that: I am in good health and proper physical condition to participate in the activities and business of Toledo Bend Kayak Rental LLC; I do not have health problems or medical conditions that preclude participation; and I have inspected the equipment, facility, and activities of Toledo Bend Kayak Rental LLC, and I find that they are acceptable for the intended use or participation. ASSUMPTION OF RISK AND RESPONSIBILITY FOR INJURY OR DAMAGE:
I acknowledge that open water or sports activities are inherently dangerous and that I participate at my own risk. I understand that risks and dangers cannot be eliminated without jeopardizing the essential qualities of the activity, and I voluntarily elect to participate, accepting and assuming the risks. I agree to follow all Federal and Texas State Laws and Toledo Bend Kayak Rental LLC’s Equipment Rental Agreement. I agree to bear the costs and responsibility for any injury or damage I may cause or suffer, including payment for bodily injury, property damage or equipment loss or damage during transportation and use of kayak(s). I agree to compensate Toledo Bend Kayak Rental LLC for any lost or damaged or stolen equipment that I may cause, up to retail cost of equipment and revenue loss. Kayak Pick Ups: I acknowledge and agree that I am responsible for properly securing the kayak(s) to my vehicle. I agree to bear the costs and responsibility for any injury or damage I may cause or suffer, including payment for bodily injury, property damage or equipment loss or damage during transportation and use of kayak(s). I agree to compensate Toledo Bend Kayak Rental LLC for any lost or damaged or stolen equipment that I may cause, up to retail cost of equipment and revenue loss. INDEMNIFICATION AND RELEASE OF LIABILITY:
I unconditionally release and discharge Toledo Bend Kayak Rental LLC, and its agents, employees, owners, administrators, directors, officers, members, instructors, participants, volunteers, contractors, partners, sponsors, advertisers, or event organizers, or others acting on their behalf (“Released Parties”) of any liability, claims, demands, causes of action, losses, injuries, or damages, whether caused in whole or in part by the Released Parties, or by the negligence of the Released Parties. This Release extends to any injuries, including death, or damage to persons, pets, or other property that may arise from the use, rental, transportation, or other access to the equipment, facilities, or activities of Toledo Bend Kayak Rental LLC or which may be connected to my participation in the activities, and to all claims for personal injuries or property damage sustained by me, or by my estate, parents, children, heirs, beneficiaries, personal representatives, or assigns (Releasing Parties). On behalf of myself and the Releasing Parties, I agree to indemnify, save, and hold harmless Toledo Bend Kayak Rental LLC and each of the Released Parties for any loss, liability, damage, litigation expenses, attorneys’ fees, or cost of any kind, which may result from any injury, damage, or other loss occasioned by use, rental, transportation, or other access to equipment, facilities or activities of Toledo Bend Kayak Rental LLC. AUTHORIZATION TO USE LIKENESS:
I hereby give permission for Toledo Bend Kayak Rental LLC, its marketing consultants and their agents to capture the voice, image or likeness of myself or child through video, photograph, or digital camera and I consent to the use of my voice, images, or likeness and grant to Toledo Bend Kayak Rental LLC, its marketing consultant or other representatives, a non-exclusive license in such images and likenesses for the purposes of advertising, promoting, or marketing their businesses, activities, events, or equipment, and hereby waive any rights of compensation or ownership thereto. This Agreement is governed by the laws of the State of Texas and venue for any dispute arising hereunder shall lie in Sabine County, Texas. MINOR CHILDREN UNDER 18 (REQUIRED PARENT(S)’ OR GUARDIAN(S)’ CONSENT AND INDEMNIFICATION): A MINOR CHILD MUST BE 13 YEARS OR OLDER TO BOARD AND OPERATE A SINGLE KAYAK. ONE MINOR CHILD 5 TO 6 YEARS OLD MAY SIT IN FRONT OF AN ADULT ABOARD A PREMIUM SINGLE KAYAK WITHOUT EXCEEDING THE SAFE WEIGHT CAPACITY OF VESSEL. ONE MINOR CHILD 5 TO 7 YEARS OLD MAY SIT BETWEEN TWO ADULTS IN A TANDEM KAYAK WITHOUT EXCEEDING THE SAFE WEIGHT CAPACITY OF VESSEL. ONE MINOR CHILD 8 YEARS AND OLDER MAY SIT OR PADDLE IN FRONT COCKPIT IN TANDEM KAYAK WITH ONE ADULT.
I, the parent and/or legal guardian of participant(s) under the age of 18, understand the nature of the activities to be engaged in by the minor(s), including serious injury or death, and, knowing the experience and capabilities of the minor(s), I represent the minor(s) to be qualified to participate and consent to their participation. I accept full responsibility for the safety of the minor(s). In consideration of the minor(s) being permitted by Toledo Bend Kayak Rental LLC to participate in its activities and to use its equipment and facilities, I release, discharge, and covenant not to sue Toledo Bend Kayak Rental LLC and the Released Parties from any liability, claims, demands, causes of action, losses, injuries or damages to the minor(s). Further, as further described in this Agreement, I agree to indemnify, save, and hold harmless Toledo Bend Kayak Rental LLC and the Released Parties from any damages, costs, or attorneys’ fees for any claims by or on behalf of the minor(s), or on account of the minor(s). I (Parent/Guardian listed in below section) of consent to the participation of (Minor Name(s) listed in below section) in the activity of kayak rental and use, and agree on behalf of the above minor to all the terms and conditions of this Agreement. By signing this Release of Liability, I represent that I have legal authority over and custody of
I HAVE READ THIS AGREEMENT, WHICH INCLUDES A WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT. I UNDERSTAND THIS AGREEMENT’S TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND HAVE SIGNED IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT, ASSURANCE, OR GUARANTEE BEING MADE TO ME. INTEND MY SIGNATURE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.
December 26, 2024
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