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Yakinventure, LLC Waiver

PARTICIPANT AGREEMENT, RELEASE AND ASSUMPTION OF RISK

In consideration of the services of Yakinventures, LLC, their agents, owners, officers, volunteers, employees, and all other persons or entities acting in any capacity on their behalf (hereinafter collectively referred to as "Yakinventures"), I hereby agree to release, indemnify, and discharge Yakinventures, on behalf of myself, my spouse, my children, my parents, my heirs, assigns, personal representative and estate as follows:

1. I acknowledge that my participation in canoeing, kayaking, and paddle boarding activities entails known and unanticipated risks that 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. The risks include, among other things: slips and falls; water hazards; passengers can be jolted, jarred, bounced, thrown about and otherwise shaken during rides; accidents involving other watercraft, motorized water vessel, or vehicles; collision with fixed or movable objects; falls from the kayak or paddleboard; musculoskeletal injuries including head, neck, and back injuries; equipment failure or operator error; accidental drowning; exposure to sun, strong wind, cold, large waves, eddies and whirlpools, tidal conditions, surf and currents; the risk of collision with objects or other watercraft; the risk of watercraft, canoe, or kayak capsize and entrapment; exposure to temperature and weather extremes which could cause cold water shock, hypothermia, hyperthermia (heat related illnesses), sunburn, dehydration, heat exhaustion, heat stroke, and heat cramps; the risk of exposure to insect bites; aggressive and/or poisonous marine life; transmissible pathogen or disease; the condition of waterways, roads, terrain, or highways and accidents connected with their use; the negligence of other operators, participants or persons who may be present; my own physical condition; and the physical exertion associated with these activities.

Furthermore, Yakinventures personnel 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 or other environmental conditions. They may give incomplete warnings or instructions, and the equipment being used might malfunction.

1. I expressly agree and promise to accept and assume all of the risks existing in this activity. My participation in this activity is purely voluntary, and I elect to participate in spite of the risks. Additionally, I agree to wear a U.S. Coast Guard approved personal flotation device (life jacket) while participating in this activity.

2. I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless Yakinventures from any and all claims, demands, or causes of action, which are in any way connected with my participation in this activity or my use of Yakinventures’s equipment or facilities, including any such claims which allege negligent acts or omissions of Yakinventures.

3. Should Yakinventures 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.

4. 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 am willing to assume the risk of any medical or physical condition I may have.

5. In the event that I file a lawsuit against Yakinventures, 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 document 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 Yakinventures on the basis of any claim from which I have released them herein. I also agree that this document is valid for subsequent visits and participation at Yakinventures. I have had sufficient opportunity to read this entire document. I have read and understood it, and I agree to be bound by its terms.


PROTECTIVE RIDING LIFE VEST OR PERSONAL FLOTATION DEVICES REFUSAL AGREEMENT

I, the undersigned, have been fully warned and advised by Yakinventures, LLC (hereinafter collectively referred to as “Yakinventures”), that I should wear a properly fitted and secured Personal Flotation Device while participating in any recreational water rental equipment or asset (whether on the premises or off of the Yakinventures’s premises) in order to potentially reduce the severity of an injury and/or to possibly prevent my death from occurring as the result of a fall or any other occurrence associated with this activity. I understand that by not wearing a personal flotation device, I will be going against manufacturers’ requirements and putting myself at an increased risk for injuries, and against the advice of Yakinventures and numerous court cases I am refusing this critical safety precaution. I also understand that minors are not allowed to refuse personal flotation devices and protective gear and I cannot sign on their behalf to waive the requirement. I, the undersigned, have read the foregoing statement carefully before signing and do understand its warning.


MISUSE, DAMAGE AND ADDITIONAL FEE AGREEMENT

I, the undersigned, have been fully warned and advised by Yakinventures, LLC (hereinafter collectively referred to as “Yakinventures”), that I will be held responsible for any and all damage to the individual Kayak, Paddle Board and equipment within my party. I hereby agree that an additional minimum fee of $200 will be assessed if the Kayak or Paddle Board or additional equipment comes back damaged or not as indicated when released to renter. I will agree to pay any additional fees assessed by Yakinventures. I agree to protect the rented equipment from any and all perils natural or man made. I WILL NOT use the equipment in any areas as per rules set by Yakinventures. I agree to use the rented equipment as permitted by law. I will use the rented equipment with safety, caution and will obey any and all laws. I hereby agree that any damage or cleaning fee may result in additional fees such as loss of income, out of service cost, labor and parts. Any out of service charge will be assessed based on full daily rental fees as of lost income as based on rental agreement. I agree that any disputes or legal action, civil or criminal, resulting from any of this agreements will be held in the Courts of Hillsborough County, State of Florida. I also agree to pay for any and all legal cost for Yakinventures, LLC but not limited to defending or pursuing any and all cost for damage, cleaning, labor and legal charges. I also agree to the terms and conditions both written and verbal by Yakinventures. I, the undersigned, have read and agreed to this agreement and the terms and conditions set by Yakinventures, LLC. I agree Yakinventures, LLC can place a hold on my credit card and may keep that hold and apply additional charges to my account to recover any losses.


I also agree that I can be charged full cost for any equipment not returned at the time of pickup on rental. I affirm that I will not allow anyone other than myself to use, drive or operate any other equipment owned or operated by Yakinventures,LLC who has not been authorized, approved or has completed a waiver supplied by Yakinventures, LLC. Legal age to RENT or OPERATE is age 18 or older unless accompanied by a parent or legal guardian. Anyone who lets an unauthorized or unapproved person or operator of the rented equipment may forfeit all rental privileges and will NOT be refunded any fees, booking fees, charges or damages. If a forfeiture occurs a demand will be issued to return or cease all operations and a pickup may be required. All additional charges or fees will be charged to account or hold on account. Any credit card or debit card holds will be processed after an inspection has been completed minus any fees or charges.

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Essential Operational Instructions for Pinellas County Waterways

1. OPERATIONAL CHARACTERISTICS


Vanhunks Kayaks (Single & Tandem)

Stability: Sit-on-top, self-bailing design. Water drains through floor holes automatically.

Weight Distribution: Heavier paddlers should sit in the rear seat for better tracking and steering.

Capacities: Do not exceed the maximum weight capacity listed on the hull.


Vanhunks Paddleboards (SUP)

Mounting: Start on your knees in the center of the board to find your balance.

Falling: If losing balance, fall flat and away from the board to avoid the fins.


2. SAFE OPERATION & NAVIGATION

Right of Way: Stay to the right of channels. Always yield to larger, less maneuverable motorized boats.

Wake Safety: Point the bow (front) of your kayak directly into boat wakes to prevent tipping.

The Box: Keep your shoulders square to the paddle; use your core, not just your arms, to move.

3. LOCAL HAZARDS & RESTRICTIONS

Oyster Bars: Avoid shallow water over oyster beds; they are sharp enough to damage hulls and feet.

Protected Wildlife: Stay at least 50 feet away from Manatees. Harassment is a federal offense.

Tidal Flows: Be aware of strong outgoing tides near passes like Clearwater or Johns Pass.

4. EMERGENCY PROCEDURES


STAY CALM • STAY WITH YOUR VESSEL

Capsizing: Your kayak/board will not sink. Stay with it to remain visible to rescuers.

Signal: Use three short blasts on your safety whistle for immediate distress only.

Weather: If you see lightning or hear thunder, head to the nearest shoreline immediately.


MANDATORY PRE-RENTAL DISCLOSURE | COMPLIANT WITH FL BOATING SAFETY ACT (SB 606)

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.
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 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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