What you are about to read and are requested to sign is a waiver and release of liability. Upon signing it, you will give up your right to sue CLEARLY TAHOE, LLC, a Nevada limited liability company (herein after CLEARLY TAHOE), or anyone associated with CLEARLY TAHOE, such as its agents, owners, shareholders, directors, partners, employees, volunteers, manufacturers, participants, lessors, affiliates, its subsidiaries, related and affiliated entities, successors and assigns (herein after Released Parties) for injuries or losses you suffer while using CLEARLY TAHOE equipment or facilities. In short, you cannot recover any money from CLEARLY TAHOE or the Released Parties if you are hurt while participating in activities utilizing any CLEARLY TAHOE equipment or facilities. Please take your time and read this agreement very carefully. When you are certain that you understand and agree to each paragraph, sign your initials in the space provided. YOU AND I, AS USED HEREIN, INCLUDES THE PARTICIPANT AS WELL AS HIS OR HER HEIRS, EXECUTORS, DEPENDENTS, BENEFICIARIES AND ASSIGNS, INCLUDING BUT NOT LIMITED TO SPOUSES AND DOMESTIC PARTNERS. BY SIGNING THIS AGREEMENT, YOU ARE SIGNING ON BEHALF OF THE ABOVE-LISTED PERSONS AND YOUR SIGNATURE SHALL BE CONSIDERED BINDING UPON THEM.
YOU WILL NOT BE ALLOWED TO PARTICIPATE IN ANY ACTIVITIES ORGANIZED BY CLEARLY TAHOE WITHOUT THE SIGNED WAIVER. ____________________________________________________________________________________________________________ I UNDERSTAND THAT SIGNING THIS DOCUMENT WILL PREVENT ME, MY PEIRS, EXECUTORS, DEPENDENTS, BENEFICIARIES, AND ASSIGNS FROM SUING CLEARLY TAHOE, ITS OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AGENTS OR GUESTS FOR ANY INJURIES, INCLUDING DEATH AND PARALYSIS, OR DAMAGES THAT I MIGHT RECEIVE WHILE PARTICIPATING IN ANY ACTIVITIES ORGANIZED BY CLEARLY TAHOE. 1. Outdoor activities, including but not limited to kayaking, hiking, camping and/or outdoor activities, are dangerous and I ASSUME ALL RISKS, whether known or unknown of injury, including death, illness or damage to my property. I understand that there is a significant risk of serious physical injury, death, or other damages inherent in my participation in activities organized and lead by CLEARLY TAHOE. Injury or death can arise from errors in judgment, from lack of training or information, from the negligence of me, employees, or agents of CLEARLY TAHOE or other parties, as well as the risks normally associated with outdoor endeavors. There is no way to eliminate the risk of serious harm or death. I understand that my participation in CLEARLY TAHOE activities and any instruction or knowledge I obtain at those facilities IS NOT sufficient to prepare me for all dangers and risks associated with kayaking, hiking, camping and/or outdoor activities. I certify that I understand kayaking, hiking, camping and/or outdoor activities exposes me to a high risk of injury or accident. I knowingly and voluntarily assume all risks, whether known or unknown, of paralysis, injury, illness, death, or damage of whatever kind arising out of my participation in any such activity organized by CLEARLY TAHOE.
2. Release of liability, WAIVER OF CLAIMS, ASSUMPTION OF RISK and hold harmless agreement is given in consideration for my participation. I recognize that CLEARLY TAHOE could not offer this activity without obtaining a release of liability. In consideration of, and part payment for the right to participate in this activity, I release CLEARLY TAHOE and anyone associated with CLEARLY TAHOE, including without limitation its officers, directors, staff, instructors, members, agents, guests and third parties as well as the released parties enumerated elsewhere in this document, from all liability, and knowingly, intentionally and voluntarily waive all claims, demands or causes of action of any kind whatsoever, including but not limited to claims of negligence, which may arise as a result of my participation in a CLEARLY TAHOE sponsored activity or from use of CLEARLY TAHOE equipment.
3. Covenant not to sue is given in consideration for my participation in CLEARLY TAHOE activities and use of CLEARLY TAHOE equipment. Additionally, in consideration of any part payment for my right to participate in CLEARLY TAHOE sponsored activities and use of CLEARLY TAHOE equipment, I will not sue CLEARLY TAHOE or anyone associated with CLEARLY TAHOE, including without limitation its officers, directors, employees, instructors, members, agents and guests, as well as the released parties enumerated elsewhere in this document, for any injuries, illness, death, damages or other relief that I may claim that arise out of my participation in a CLEARLY TAHOE sponsored activity or from use of CLEARLY TAHOE equipment.
4. I will protect CLEARLY TAHOE from liability. I agree to defend, protect, indemnify, and hold harmless CLEARLY TAHOE, its officers, directors, members, instructors, employees, agents and guests, as well as the released parties enumerated elsewhere in this document, from and against any and all claims, suits, actions at law or in equity (including but not limited to claims of negligence), for damages or other relief and against any liability of any nature, together with attorney fees and costs incurred, that may arise out of my use of CLEARLY TAHOE equipment or participation in a CLEARLY TAHOE sponsored activity. I agree to pay CLEARLY TAHOE reasonable attorney fees and costs if I bring a suit for injuries suffered at a CLEARLY TAHOE sponsored activity and that action is unsuccessful, in whole or in part.
5. I agree to abide by all CLEARLY TAHOE rules. I agree to abide by all CLEARLY TAHOE rules contained in written form as well as verbal directions that may be given by CLEARLY TAHOE staff or employees.
6. I am physically qualified to participate. I certify that I have no physical limitations or medical conditions that would impair my ability to fully and safely use CLEARLY TAHOE facilities. I agree to inform CLEARLY TAHOE of any conditions that may have any effect on my ability to fully and safely participate in a CLEARLY TAHOE sponsored activity, so that a determination can be made as to the proper course of action.
7. Other Provisions. This agreement constitutes the complete and sole agreement between me and CLEARLY TAHOE, its officers, directors, instructors, employees, agents, members and guests and all others associated with CLEARLY TAHOE. Evidence of any other agreements, whether oral or in writing, are void and inadmissible and unenforceable in a court of law, arbitration, or other dispute resolution proceeding. INDIVIDUAL OFFICERS, DIRECTORS, CLEARLY TAHOE MEMBERS, INSTRUCTORS, EMPLOYEES AND AGENTS HAVE NO AUTHORITY OR POWER TO ALTER THE TERMS OF THIS AGREEMENT, EITHER ORALLY OR IN WRITING. This agreement covers my participation in all CLEARLY TAHOE activities and all associated events.
8. Venue and Jurisdiction. THE LAWS OF THE STATE OF NEVADA SHALL GOVERN THIS AGREEMENT. VENUE FOR ANY ACTION SHALL BE IN DOUGLAS COUNTY, NEVADA.
9. Severability. If for any reason a provision of this Agreement is found to be unenforceable, the offending provision may be amended to the extent necessary to conform to applicable law, or, if it cannot be so amended without materially altering the intention of the Parties, it shall be severed here from. In either event, the remainder of the Agreement shall continue in full force and effect.
I AM FULLY AWARE OF THE CONTENTS OF THIS AGREEMENT AND RELEASE AND HAVE READ AND UNDERSTAND ALL OF THE TERMS. THE TERMS OF THIS AGREEMENT BIND ME, MY FAMILY (INCLUDING BUT NOT LIMITED TO SPOUSES AND DOMESTIC PARTNERS), HEIRS, EXECUTORS, ADMINISTRATORS, DEPENDENTS, BENEFICIARIES AND ASSIGNS. I recognize that if I have any questions regarding my waiver of rights, I should consult an attorney.
2024 Clearly Tahoe Company Policies
In consideration for my participation in the activities organized by Clearly Tahoe LLC and/or Clearly Tahoe
Nevada (“Clearly Tahoe”) and/or use of property, facilities and services of Clearly Tahoe, I agree to the
following for myself and (if applicable), for my child and the members of my party, to the following;
It is the responsibility of our guests to review these Policies prior to making a reservation or participating in any
Clearly Tahoe activity. Violation of company policies or inability to meet the necessary requirements as defined
in these policies, may result in cancellation or termination of activity without refund.
All participants 18+ must review and agree to a liability waiver prior to participation in any Clearly Tahoe
activity. A parent or legal guardian must complete the liability waiver on behalf of any minor participant.
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MINIMUM AGE AND WEIGHT RESTRICTIONS:
All participants must be at least 4 years of age and must weigh over 30lbs to participate in any
recreational paddle-sport or cycling activities.
Please Note: A greater minimum age may apply to select activities, at the discretion of Clearly Tahoe.
Participants must be 12 years of age to ride or operate electric bicycles on either guided tours and rentals.
Children under the age of 12 must be accompanied by an adult 18+ at all times.
Children under the age of 12 will be not permitted on late night or winter paddle-sport activities. Participants
under the age of 18 must ride with an adult 18+ on these experiences.
For guided tours and paddle sport rentals; Children under the age of 12 must ride in a vessel with an adult 18+
outside of the swimming area. Children under 5 years of age must remain within swimming area. Children
under 90lbs may be permitted to accompany an adult 18+ on a paddle board or bonus seat within the swimming
area only. Children under 12 but over 90lbs may be permitted to paddle solo within the swimming area but must
be accompanied by an adult 18+ at all times. All participants under the age of 18 must remain within earshot of
a supervising adult 18+. NOTE: Marked swimming area may only be available between Memorial Day and
Labor Day.
For safety reasons, pregnant persons are prohibited from participating in any Clearly Tahoe recreational paddle-
sport or cycling activities.
Participants must abide by all seating capacities and combined weight restrictions. Guests will not be
permitted to share seats during activity. It is the responsibility of our guests to determine the combined weight
of themselves and any personal belongings.
RESPONSIBILITY OF PARTICIPANTS: All guests must be capable of safely participating in the described
activity. Guests are responsible to determine their own capability to participate, in consultation with their health
care providers as appropriate. Guests must not be under the influence of alcohol or substances (legal or illegal)
before or during the experience. Guests must abide by all posted and verbal rules and regulations.
Participants will be required to wear safety equipment for each activity as instructed by Clearly Tahoe.
Rental equipment is available. Any personal safety equipment brought by participants is subject to
inspection and approval by Clearly Tahoe staff. However, such inspection and approval cannot guarantee
that the equipment will be free of undetected defects. Use of safety equipment such as helmets and life
preservers cannot guarantee participants’ safety.
Both adults and children must wear USCG Approved Type III Life Preservers as well as a leash (if
applicable) at all times on recreational paddle-sport equipment. Children under the age of 12 must
always wear USCG Approved Type III life preservers when on or in the water. Guests must abide by
activity specific dress code. Please reference activity-specific listing for dress code guidelines.
RULES AND REGULATIONS: No alcohol, drugs (legal or not) or controlled substances of any kind will be
permitted on rental equipment or guided tours. No smoking will be permitted during check-in, safety brief or on
guided recreational experiences. No weapons of any kind will be permitted within rental area or guided tours.
No glass bottles will be permitted in waterfront areas or while using recreational vessels.
DRONES AND FILMING: Drones are not permitted within Nevada State Park boundaries unless authorized
by the State of Nevada with a Special Use Permit. Special Use Permit for an “unmanned aircraft” must be
obtained through the State of Nevada, Division of State Parks. All FAA restrictions apply. No drones or
professional camera equipment will be permitted on public guided tours.
Personal items should be kept in dry bag or a safe environment. Clearly Tahoe prohibits any kind of container or
bag that might scratch or damage the clear vessels in any way. Clearly Tahoe is not responsible for any loss or
damage to personal items resulting from water exposure or other risks associated with participation in
recreational activities.
RENTAL | PET POLICY: Pets are not permitted on rentals from the Sand Harbor Nevada State Park.
No exceptions!
GUIDED TOUR | PET POLICY: Small dogs under 30lbs may be permitted on our Scenic Shoreline Tour
from our Zephyr Cove Location. Advanced reservations are required. Qualifying dogs may be permitted to
accompany an Adult handler (18+) at a rate of $20 per dog. No more than one dog will be permitted per handler
and no more than one dog will be permitted per boat. Dogs must be up to date with all legally required
vaccinations including, but not limited to, rabies. All dogs must be well behaved and restrained during the entire
experience on no more than a 6ft leash. Dogs must not be confined to a carrier or other restrictive forms of
containment beyond a leash during activity. Dogs must be kept on handler’s lap during shuttle transportation.
Handler agrees to take full responsibility of their dog during as well as pre and post activity. Handlers will be
responsible for removing and properly disposing of pet waste. Handlers take full responsibility for any liability
related to the dog (including but not limited to dog bites or other injuries caused by the dog).
SERVICE ANIMALS: If a service animal is necessary, please contact us to discuss what arrangements can be
made. Any special requests involving service animals or medical needs should be made in advance by
contacting our reservation office.
RIGHT OF REFUSAL: Clearly Tahoe reserves the right to refuse service to any participant at any time for
any reason before or during activity without refund.
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GUIDED TOUR | RESERVATIONS: Guests are responsible for selecting the appropriate booking options at
the time of reservation. Adults will be considered guests 18 years of age or older and be priced as adults. Youth
will be defined as ages 12-17 and be priced as youth. Children will be defined as ages 4-11 and be priced as
children. Please note: Select tours may have greater minimum age restrictions for children.
GUIDED TOUR | RESERVATION CHANGES: Reservation changes may be possible but are not
guaranteed. Reservation changes must be requested by completing our online Reservation Change/Cancellation
Form no less than 48-hours prior to the check-in time for scheduled activity. Reservation Change/Cancellation
form can be found on our website at https://clearlytahoe.com/reservation-change-form/. Approved Reservation
changes will result in a $20.00 Reservation Change Fee per request. Upon approval, any additional fees
resulting from reservation changes will be automatically charged to the method of payment on file unless
otherwise noted. A $20.00 Cancellation Fee per guest shall apply to any cancelled guests. Any remaining
amount will be refunded to the method of payment or gift card as per our Refund Policy. Guest is responsible
for original reservation costs if Reservation Change request is not approved.
GUIDED TOUR | CANCELLATION POLICY: Cancellations must be made more than 48 hours before
scheduled activity and will result in a $20.00 cancellation fee per guest. Clearly Tahoe Refund Policy applies.
Cancellations made more than 7 days before the day of scheduled activity will be eligible for a full cash
refund less a $20.00 Cancellation Fee per guest. Cancellations made within 7 days of scheduled activity,
but more than 48 hours prior to the scheduled start of the activity may be applicable for a credit less
cancellation fees. Cancellations made within 48 hours of scheduled start of activity will be non-
refundable. Cancellations must be made by completing our online Reservation Change/Cancellation Form
available at https://clearlytahoe.com/reservation-change-form/ Cancellations and reservation changes cannot be
made by email or phone.
GUIDED TOUR | REFUND POLICY: CASH REFUNDS: Cash refunds will be automatically issued to the
method of payment on file. Refund cannot be issued to any other card. Cancellations and reservation changes
made less than 7 days prior to the start of scheduled activity will not be applicable for any cash refund. CREDIT
REFUNDS: Cancellations and Reservation Changes made within 7 days but more than 48-hours prior to the
start time of scheduled activity may be eligible for credit in the form of a gift card less applicable fees. NO
CREDIT OR CASH REFUND WILL BE PROVIDED FOR CANCELLATIONS OR RESERVATION
CHANGES MADE WITHIN 48-HOURS OF SCHEDULED START OF ACTIVITY.
BOOKING ERROR POLICY: Guests may be exempt from Cancellation Fees if cancellation is made within
Booking Error window. Reservations made more than 48-hours prior to scheduled activity have a 24-hour
booking error window from the time of initial reservation. Reservations made within 48-hours but more than 24
hours before scheduled start of activity shall have a 1-hour booking error window from the time of initial
reservation. Same-day reservations are excluded from booking error policies and have no Booking Error
window. Cancellations must be made by completing our online Reservation Change/Cancellation Form within
defined Booking Error window. Our online Reservation Change/Cancellation Form available at
https://clearlytahoe.com/reservation-change-form/ Cancellations may take up to 48-hours for processing.
INCLEMENT WEATHER: In the event of cancellation of the activity due to current or forecasted
unfavorable wind or weather conditions, we provide a full 100% refund to the initial method of payment on file.
We reserve the right to cancel at any time in our sole discretion if we feel conditions may be unsafe or encounter
operating factors beyond our control.
GUIDED TOUR | LATE ARRIVALS: All guests must arrive at designated check-in location no less than 15
minutes prior to the start time of their scheduled activity. Guests are responsible for obtaining the correct
address of check-in location from the activity-specific listing at the time of booking. Guests who arrive late for
check in or attempt to check in at an alternative location, may miss their scheduled tour. Late arrivals are non-
refundable. Please plan to arrive with plenty of extra time. Clearly Tahoe is not responsible for delays due to
traffic, roadwork, inability to find parking, or inability to meet other requirements outlined in company policies.
GUIDED TOUR | INCIDENTALS: Guests will be responsible for damages to Clearly Tahoe equipment
and/or trip interruption at a rate of replacement cost + 20% fee.
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EQUIPMENT RENTALS
Guests are strongly advised to arrive early to obtain entry to the Sand Harbor Nevada State Park.
Clearly Tahoe Rental Reservations do not include entry to the park. It is the responsibility of our guests
to arrive early to obtain parking and park entry. Guests who are unable to obtain park entry must
submit a Rental Cancellation Form prior to the start time of their scheduled rental. Cancellation fees
may apply.
RENTAL | RESERVATIONS: Equipment rentals are available by advance reservation and same-day walk-up
on-site (if available). All advance rental reservations must be made online at clearlytahoerentals.com by 5:00
p.m. one day in advance. Rental reservations will not be accepted via phone or email.
RENTAL | RESERVATION CHANGES: Changes to equipment rental reservations will not be permitted.
RENTAL | CANCELLATION POLICY: Equipment rental reservations may be cancelled up to the start time
of scheduled activity by completing our online Rental Cancellation Form available at
https://clearlytahoerentals.com/rental-cancellation-form/. Rental Cancellations will be subject to a cancellation
fee in the amount of $10.00 per boat.
RENTAL | NO SHOW POLICY: No shows will result in a $20.00 no-show fee per vessel. No-show fees will
be automatically charged to card on file after the start time of scheduled rental has been missed.
RENTAL | TRANSPORTATION: Participants must provide their own transportation to and from the
scheduled check-in site. Guests must arrive on site for mandatory check-in no less than 15 minutes prior to the
start time of their scheduled activity. Guests are responsible to pay all parking fees and park entry fees.
RENTAL | CHECK-IN: All participating guests must arrive at our Clearly Tahoe Rental Concession within the
Sand Harbor Nevada State Park no less than 30 minutes prior to the start time of their rental for check-in and
outfitting. Guests who miss check-in will forfeit their rental reservation and be subject to a $20.00 no show fee
per vessel.
Rental check-in and outfitting may take up 30 minutes and includes a safety brief prior to launch. All
guests must attend a safety brief prior to participation in any Clearly Tahoe activity.
RENTAL | GUEST RESPONSIBILITY: Guests are responsible for inspecting all rental equipment and
vessels prior to departure to ensure all items are free of defects before use.
RENTAL | GUEST REQUIREMENTS: Guests may be required to enter the water at the start of their rental
as well as upon return. All guests must be capable of entering and exiting the boat without assistance. If Clearly
Tahoe determines, in its sole discretion, that a guest is not safely able to enter and exit the boat under both
normal and emergency situations, Clearly Tahoe may decline to rent equipment to that guest. Guests may be
required to swim to shore if necessary and should not participate in rental activities if they are unable to safely
do so.
RENTAL | RESTRICTIONS: All Clearly Tahoe rental vessels are subject to restrictions that may vary by
vessel type. It is the responsibility of our guests to review and understand any and all restrictions for each type
of vessel they use.
RENTAL | TRACKERS: All Clearly Tahoe rental vessels are equipped with GPS trackers, for your safety.
Guests must understand and agree to these requirements prior to using the rental equipment and participating in
the activity. Guests are not permitted to remove or tamper with devices in a way that may inhibit their intended
use. Guests must not detach trackers outside of the rental launch lane.
RENTAL | LIMITATIONS: Rentals will not be available in Wind Advisory Conditions, days with air
temperatures below 32 degrees during regular operating hours, or hazardous air quality conditions as
determined by AQI index. Rental operations may be limited or recalled due to weather at any time before or
during rental activity. It is the responsibility of our guests to remain within designated zones and abide by any
posted or verbal limitations.
Clearly Tahoe reserves the right to reduce rental regions in the event of wind, weather or other safety-
related circumstances. Rental rates will not be adjusted to reflect limited use.
RENTAL | RATES: Rental rates will be based on duration and subject to taxes and fees. There is a 1-hour
minimum on all rental equipment. Total rate will be based on time use and rounded up to the next hour.
Maximum rental use-time will be set at check-in. Guests who exceed the maximum rental time will be subject
to a $100.00 late fee per vessel.
RENTAL | ABANDONMENT POLICY: Guests must not leave equipment unattended for an extended period
of time. Equipment found abandoned for more than 30 minutes will be recalled and subject to maximum daily
rental rates + $100.00 abandonment fee and 18% service fee.
RENTAL | INCIDENTALS: Guests will be responsible for any damage to equipment during their rental
period, including from misuse or abandonment, at a rate of replacement cost + 20% fee. Remaining balance in
addition to any all incidentals will be charged to the card on file.
VOUCHERS/CREDITS/GIFT CERTIFICATES: Vouchers, Credits and Promotional Gift Certificates may
be applied to a specific activity only and are not transferrable to other experiences or locations. Gift certificates
may only be used one time and cannot be combined with any other discounts or offers. Any unused balance on
Vouchers, Credits and Gift Certificates is non-refundable and cannot be redeemed for cash value. Vouchers,
Credits and Gift Certificates may have black-out dates and are valid through expiration date only.
MERCHANDISE RETURN: Clearly Tahoe merchandise purchased directly through a participating Clearly
Tahoe location may be subject to a full refund within seven days of purchase. Customer must have original
purchase receipt. Merchandise must not show signs of wear or usage prior to return.
MERCHANDISE EXCHANGE: Unused merchandise may be exchanged within 30 days of purchase. Item
Exchanges are based on availability. Merchandise may only be exchanged for item of equal or lesser value.
Original purchase receipt must be presented at the time of exchange. No monetary refunds will be provided.
THIRD PARTY PURCHASES: Merchandise or experiences purchased via third party companies or sponsors
will be subject to the third party’s return/cancellation policies. Items ordered on the Clearly Tahoe website
through a third party are subject to the policies of that third party company. Clearly Tahoe takes no
responsibility for transactions through third party companies.
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