In consideration of being allowed to participate in the kayak tour organized by Mike’s Coastal Expeditions LLC, located at 10157 Mimosa Silk Dr, Ft Myers, FL 33913 , the undersigned participant, on behalf of themselves, their heirs, executors, administrators, and assigns, hereby acknowledges and agrees to the following terms and conditions: - Assumption of Risks: The participant acknowledges that kayaking involves inherent risks and dangers, including but not limited to, changing weather conditions, strong currents, submerged objects, capsizing, collision with other watercraft, and injury caused by the participant's own negligence or the negligence of others. The participant acknowledges that they are voluntarily participating in the kayak tour with full knowledge and understanding of these risks.
- Physical Fitness: The participant represents that they are in good physical condition and have no health issues that would prevent them from safely participating in the kayak tour. The participant acknowledges that it is their responsibility to inform the kayak tour guides of any relevant health conditions or physical limitations prior to the tour.
- Safety Instructions: The participant agrees to abide by all safety instructions provided by the kayak tour guides. This includes but is not limited to, wearing a personal flotation device (PFD) at all times during the tour, following proper kayaking techniques, and refraining from any activities that may endanger themselves or others.
- Release of Liability: The participant hereby releases, discharges, and holds harmless Mike’s Coastal Expeditions LLC, its owners, employees, agents, and representatives from any and all claims, liabilities, demands, actions, or causes of action arising out of or related to any loss, damage, injury, or death that may be sustained during or as a result of participating in the kayak tour, including those caused by the negligence or misconduct of Mike’s Coastal Expeditions LLC or its employees.
- Indemnification: The participant agrees to indemnify and hold harmless Mike’s Coastal Expeditions LLC, its owners, employees, agents, and representatives from any and all costs, liabilities, damages, or expenses (including attorney's fees) incurred as a result of any claims, demands, or causes of action brought by third parties arising out of the participant's actions or conduct during the kayak tour.
- Photography and Publicity: The participant grants Mike’s Coastal Expeditions LLC the right to take photographs or videos during the kayak tour and to use such materials for promotional purposes without compensation to the participant.
- Severability: If any provision of this liability waiver is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
- Damage Liability: I agree to be financially responsible for any damage caused to the Company's kayaks, equipment, or property during the tour, whether it is due to negligence, intentional misconduct, or accidental damage caused by myself or any member of my group. I understand that repair or replacement costs will be assessed by the Company and that I will be billed accordingly.
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