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  • WAIVER OF LIABILITY AND RELEASE FORM

  • THIS IS A LEGALLY BINDING DOCUMENT. BY SIGNING THIS DOCUMENT, YOU ARE GIVING UP CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE. PLEASE READ CAREFULLY BEFORE SIGNING.

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  • This Waiver of Liability (the "Waiver") is entered into by and between Vintage Paddle LLC (the "Business") and the undersigned participant (the "Participant" The Participant acknowledges and understands that kayaking and stand-up paddleboarding (hereinafter referred as "SUP") are activities that involve inherent risks, including but not limited to personal injury, property damage, and death from drowning, falls, collision, and, as well as other factors. The Participant understands that these risks may arise from various factors, including but not limited to weather conditions, sun exposure, water currents, equipment failure, marine life, natural hazards, boats, docks, and actions of other participants. Kayaking, use of SUP and related activities are herein referred to as the "Activities". The Participant voluntarily assumes all risks associated with the Activities, whether known or unknown, and accepts full responsibility for any injury, damage, or loss that may occur as a result of the Participant's participation in these activities. In consideration of being permitted to participate in these activities, the Participant, on behalf of self, heirs, executors, administrators, and assigns, hereby release and discharge the Business, its officers, members, employees, agents, and affiliates from any and all claims, demands, actions, or causes of action, arising out of or in connection with Participant's participation in the Activities, including but not limited to any claims for personal injury, property damage, or wrongful death, whether caused by negligence or otherwise. Participant agrees to use the equipment only for their intended purposes and in accordance with all instructions provided by Business and with all applicable laws. Participant acknowledges that he or she is a competent swimmer or agrees to wear a life preserver at all times. Participant will at all times behave in a responsible manner and acknowledges the right of Business to discontinue Participant's participation in the event of behavior Business in its own discretion deems not to be in compliance with the terms hereof. Participant acknowledges that he or she is not under the influence of any substances that would affect his or her understanding of these provisions or ability to safety operate related equipment related to the Activities. In consideration of participation, the Participant agrees to release, discharge, indemnify and hold harmless the Business, its officers, members, employees, agents, and affiliates from any and all claims, demands, actions, or causes of action, including attorney's fees and costs, arising out of or in connection with the Activities. The Participant confirms having adequate insurance to cover any injury or damage that the Participant may suffer or cause while participating in the Activitieså, or else the Participant agrees to bear the costs of such injury or damage. The Participant further represents that he or she has no medical or physical condition that could interfere with any other participant's safety in any activity, or else the Participant is willing to assume - and bear the costs of - all risks that may be created, directly or indirectly, by any such condition. Participant also authorizes emergency medical treatment if needed. Participant understands that Business does not provide health, accident, or liability insurance to Participant, and Participant is solely responsible for any medical, health or personal injury costs relating to Participant's participation in the Activities. Participant accepts and assumes all responsibility for his or her own personal property, and acknowledges that it is possible they may become lost, damaged or stolen if he or she brings them while participating in the Activities. Waterproof containers or bags are recommended for all personal items including phones, wallets and keys.

  • Participant acknowledges that Business has made no representations or warranties, express or implied, concerning the safety of the Activities or the condition of the equipment, premises, or facilities. Participant expressly acknowledges that he or she has not relied upon any such representations or warranties in deciding to participate in the Activities. Participant grants permission to use photographs, videos, or other media taken during participation in the Activities for promotional or commercial use without compensation. This waiver and release of liability shall be governed by and construed in accordance with the laws of Lee County, Florida, without regard to its conflict of law principles. Prior to commencing a lawsuit, the parties agree to seek mediation with a Florida Supreme Court certified mediator. The party seeking mediation shall provide thirty (30) days notice to the other party. Participant acknowledges that under Florida law, pre-injury releases are valid and enforceable when they are clear and unambiguous, and that by signing this Waiver, Participant is giving up the right to bring a lawsuit or claim for injuries or damages that may occur during participation in the Activities, even if such injuries or damages are caused by the ordinary negligence of the Released Parties. If any provision of this waiver is found to be unenforceable or invalid, the remaining provisions shall remain in full force and effect. Participant understands that Business reserves the right to cancel or postpone the Activities for inclement weather. In the event of cancelation Participant will be provided the opportunity to rebook or a voucher or refund, not both. This does not apply to any cancelation by Participant outside of the refundable cancelation period. The Participant has read this waiver and release of liability and fully understands its terms. The Participant acknowledges to sign this agreement freely and voluntarily and intends by its signature to be a complete and unconditional release of all liability to the greatest extent allowed by law.

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  • Parent/Guardian Signature (if under 18): Date:

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  • MINOR PARTICIPANTS (If under 18)

    Parent/Guardian Name: I am the parent or legal guardian of the minor participant listed above and I represent that I have full authority to act on behalf of the named minor, and consent to their participation. I agree to all terms stated in this waiver and release and on the attached Terms and Conditions on behalf of the minor.

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