Biscyane Paddle Board & Kayaks Waiver
STAND UP PADDLE BOARD & KAYAK RENTAL WAIVER OF CLAIMS, RELEASE OF LIABILITY AND ASSUMPTION OF RISKS AND INDEMNITY AGREEMENT (hereinafter the “Release Agreement”) PLEASE READ CAREFULLY
TO: BISCAYNE BAY PADDLE BOARD & KAYAKS, LLC, and their directors, officers, agents, independent contractors, representatives, successors, and assigns (all of whom hereinafter collectively referred to as the “Releasees”)
DEFINITIONS:
This Release Agreement contains several terms that will be defined for you in this section.
ACTIVITY shall include all paddle board and/or kayak activities as well as all events and services provided, arranged, organized, conducted or authorized by the Releasees and shall include but is not limited to: Stand Up Paddle Board and
Kayak activities as well as all guided tour experiences, getting on and off the paddle board, getting in or out of kayaks, use of paddles, swimming, interaction or exposure with marine life, failure to use life vest, carrying the equipment provided to and from our office location, rental or use of stand up paddle boards or kayaks or other equipment on your own or with a guide, any and all demonstrations, training and instructional sessions provided to you, suggestions of areas or locations to visit while out on Biscayne Bay, discussions with you regarding areas to stay clear of while out on Biscayne Bay, all loading and unloading of equipment at the kayak/paddleboard launch area, crossing the street when traveling from our office to the paddleboard/kayak launch area including around motor vehicles; and other activities, events and services in any way connected with or related to the Activities described herein.
ASSUMPTION OF RISK shall mean the sole, voluntary and knowing acceptance of any risk involved in the Activities I participate in or voluntary seek participate in provided by Releasees.
NEGLIGENCE shall mean the failure of Releasees or any other party to take reasonable steps to safeguard or protect me from the risks, dangers and hazards of the Activity.
ASSUMPTION OF RISKS AND RELEASE FROM LIABILITY:
I am fully aware that participating in any Activity in open or closed water involves certain risks, dangers and hazards, both apparent and hidden. Natural conditions on Biscayne Bay such as waves, change in currents and changes in the level of tides occur frequently in open water and may be caused by natural events such as weather and winds or by operating watercraft, such as jet skis, boats, yachts, and ships. I knowingly and voluntarily acknowledge and accept that the Releasees may not be able to predict whether the conditions are safe for the Activity or whether unexpected weather conditions such as, increase in winds, a change in tides or currents, unanticipated thunder and/or lightening or unpredictable waves may occur. I also knowingly and voluntarily acknowledge and accept that the risks, dangers, and hazards, both apparent and hidden, related to the Activity include but are not limited to, the choice of the stand-up paddleboard and/or kayak course taken out on the Bay, changes in weather conditions, changes in surf, tides and currents as well as the size of natural waves and those created by boats and jet skis. I also knowingly and voluntarily acknowledge and accept that additional risks, dangers and hazards, both apparent and hidden exist such as when entering and exiting the kayak or boarding the paddleboard in and around the loading area of the paddleboard/kayak launch platform, walking down or up the ramp of the kayak/paddleboard launch platform, impact or collisions with other paddleboards, kayaks, other water craft including boats, jet skis, yachts and all other boating devices, collisions or impacts with low bridges, other persons, the Bay floor or bottom, rocks and reefs, slippery terrain, dehydration, prolonged exposure to sun or solar radiation, prolonged exposure to cold water, hypothermia, drowning, exposure and or/interaction with poisonous or carnivorous marine life, elevated bacteria levels in the water, falls onto the paddleboard or kayak, the kayak tipping over, failure to wear a life vest as provided and instructed by the Releasees, failure to safely and properly perform any physical activity required for the Activity within one’s own ability or within the designated areas of the Bay; negligence of Releasees or other persons, your use of alcohol consumption which may affect your own ability to engage in the Activity safely, your use of drugs, including all forms of cannabis which may adversely affect your own ability to engage in the Activity safely, you becoming lost or separated from your own party or guide, negligence on the part of Releasees and exposure to Coronavirus (COVID-19). Also, I knowingly and voluntarily acknowledge and accept that additional risks, dangers and hazards, both apparent and hidden exist at the site or location where the Activity is done which may be uncontrolled, unmarked, and uninspected and may involve many risks, dangers, and hazards in addition to those associated with the Activity including but not limited to hidden and/or submerged objects such as reefs, sandbars, rocks, tree stumps, man-made objects, sunken boats, marinas, sea walls, bridges, piers, and floating platforms. I acknowledge and understand that there is significant risk to my person if I use any other boat ramp, pier, marina, or location other than the paddleboard/kayak launch platform I was instructed to use by the Releasees and hereby assume all risks associated with using any boat ramp, pier, marina, or location other than the paddleboard/kayak launch platform I was instructed to use. If I bring my underage child or pet to engage in the ACTIVITY with me, I, as parent or guardian will assume all risks associated with the ACTIVITY on behalf of my child or pet and agree to waive any liability against Releasees with respect to my underage child or pet’s participation in the ACTIVITY. I understand and acknowledge that a portion of our guided sunset/evening tour takes place at night. I knowingly and voluntarily acknowledge and accept all risks associated with paddleboarding/kayaking at night as well as all of those risks, dangers and hazards listed above and agree to waive any liability against Releasees with respect to the guided sunset/evening tour.
I AM AWARE OF THE RISKS, DANGERS AND HAZARDS, APPARENT OR HIDDEN, ASSOCIATED WITH THE ACTIVITY, THE AREA AND LOCATION WHERE THE ACTIVITY IS DONE AND THE MARINA AND FLOATING PADDLEBOARD/KAYAK PLATFORM WHERE THE ACTIVITY COMMENCES AND CONCLUDES, MY POTENTIAL EXPOSURE TO COVID-19, AND I KNOWINGLY, FREELY AND VOLUNTARILY ACCEPT AND FULLY ASSUME ALL SUCH RISKS, DANGERS AND HAZARDS, APPARENT OR HIDDEN, AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE OR LOSS OF ANY KIND RESULTING FROM MY PARTICIPATION IN THIS ACTIVITY.
RELEASE OF LIABILITY, WAIVER OF CLAIMS AND INDEMNITY AGREEMENT
In consideration of the RELEASEES allowing me to participate in the Activity, I hereby knowingly and voluntarily agree to the following: (1)TO WAIVE ANY AND ALL CLAIMS that I have or may in the future have, against RELEASEES and to RELEASE THE RELEASEES from any and all liability for any loss, damage, injuries, property damage or loss or expenses including death that I may suffer or that my next of kin, successors or anyone else with an interest may suffer as a result of my participation in the ACTIVITY, DUE TO ANY CAUSE WHATSOEVER, INCLUDING NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE INCLUDING ANY DUTY OF CARE OWED UNDER THE OCCUPIERS LIABLITY ACT, (UNLAWFUL TRESPASSERS OR EXCEEDING PERMISSION GRANTED TO YOU BY RELEASEES), ON THE PART OF THE RELEASEES TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT ME FORM THE RISKS, DANGERS AND HAZARDS OF THE ACTIVITY REFERRED TO ABOVE AND (2) TO HOLD HARMLESS AND INDEMNIFY THE RELEASEES from any and all liability for any property damage or personal injury, including death, to any third party resulting from my participation in the Activity. (3) This agreement shall be effective and binding upon my heirs, next of kin, executors, administrators, assigns and representatives, in the event of my death or incapacity. (4) This agreement and any rights, duties, and obligations as between the parties to this agreement shall be governed by and interpreted solely in accordance with the laws of the United States and no other jurisdiction. (5) Any litigation involving the parties to this agreement shall be brought solely within the United States and shall be within the exclusive jurisdiction of the Courts of the United States. (6) In entering into this Release Agreement, I am not relying on any oral or written representations or statements made by the Releasees with respect to the safety of the Activity, other than what is set forth in this Release Agreement.
DAMAGE, LOSS OR THEFT OF EQUIPMENT
The equipment provided to me by Biscayne Bay Paddle Board and Kayaks is for my temporary use and enjoyment during the time I have selected to participate in the Activity. I hereby agree and promise to return to the office where my Activity commenced at my scheduled return time with all the equipment provided. The equipment MUST be returned in the same condition as I rented them. In case of damage or loss, since the equipment was exclusively placed under my care, custody and control, I WILL BE RESPONSIBLE for the additional charge of ($375 per paddle board including the paddles) and/or the additional charge of ($300 per kayak including the paddles) ($25 for the life vest) for damage, loss or theft of the equipment provided to me by Biscayne Bay Paddle Board and Kayaks. I fully understand that I have chosen to participate in this Activity for a pre-selected, finite amount of time from Biscayne Bay Paddle Board and Kayaks. I further understand that Biscayne Bay Paddle Board and Kayaks may need the equipment provided to me after completion of my reserved time, to provide services to other customers. Considering my understanding, I hereby agree and promise to return the equipment provided to me by Biscayne Bay Paddle Board and Kayaks at the completion of my allotted time. If I fail to return all the equipment provided to me by Biscayne Bay Paddle Board and Kayaks at the completion of my allotted time to the office where my ACTIVITY commenced, I agree to be charged an additional fee of $35 per person for any portion of every hour that I am late.
If I selected to use one of the Complimentary Waterproof Bags provided by Biscayne Bay Paddle Board and Kayaks, I am the person solely responsible for any damage or loss to my belongings. I AGREE TO WAIVE ANY AND ALL CLAIMS that I have or may in the future have, against RELEASEES and to RELEASE THE RELEASEES from all liability for any loss, or expenses that I may have because of any damage or loss to my personal belongings resulting from my use of the Complimentary, Waterproof Bags. If I in any way, damage, or loss the Complimentary, Waterproof Bag, I agree to pay a $20 replacement fee.
If I selected to use one of the Complimentary Water-Resistant Phone cases provided by Biscayne Bay Paddle Board and Kayaks, I am the person solely responsible for any damage or loss to my belongings. I AGREE TO WAIVE ANY AND ALL CLAIMS that I have or may in the future have, against RELEASEES and to RELEASE THE RELEASEES from all liability for any loss, or expenses that I may have as a result of any damage or loss to my personal belongings resulting from my use of the Complimentary, Water-Resistant Phone cases. If I in any way, damage or lose the Complimentary, Water-Resistant Phone case, I agree to pay a $15 replacement fee. If I selected to use one of the Complimentary Bluetooth Speakers provided by Biscayne Bay Paddle Board and Kayaks, I am the person solely responsible for any damage or loss to the subject Bluetooth speaker. If I in any way, damage or lose the Complimentary Bluetooth Speaker, I agree to pay a $30 replacement fee.
I CONFIRM THAT I HAVE READ AND UNDERSTOOD THIS RELEASE AGREEMENT PRIOR TO SIGNING IT AND I AM AWARE THAT BY SIGNING THIS RELEASE AGREEMENT I AM WAIVING CERTAIN LEGAL RIGHTS WHICH I OR MY HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, ASSIGNS AND REPRESENTATIVES MAY HAVE AGAINST THE RELEASEES.
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