If You cannot SWIM Please let us know. You should wear a PFD. STAND UP PADDLE BOARD, Kayaking ASSUMPTION OF RISK, RELEASE OF LIABILITY &INDEMNIFICATION AGREEMENT PLEASE READ CAREFULLY BEFORE SIGNING.  THIS IS A RELEASE OF LIABILITY & WAIVER OF LEGAL RIGHTS. 1.Definitions.  The person who is participating in stand up paddleboarding and Kayaking shall be referred to hereinafter as “Participant”.  The “Undersigned” means only the Participant when the Participant is age 18 or older OR it means both the Participant and the Participant’s parent or legal guardian when the Participant is under the age of 18.  “Released Parties” mean Paddling Paradise or any of its respective successors in interest, affiliated organizations and companies, insurance carriers, agents, employees,representatives, assignee, officers, directors, members, and shareholders. The“Activity” means taking part in paddleboarding lessons, paddleboarding tours,paddleboarding yoga, or paddleboard rentals as offered by Paddling Paradise. 2.Risks of Activity.  The Undersigned agree and understand that taking part in the Activity can be HAZARDOUS AND INVOLVES THE RISK OF PHYSICAL INJURY AND/OR DEATH.  The Undersigned acknowledge that the Activity is inherently dangerous and fully realize the dangers of participating in the Activity.  The risks and dangers of the Activity include, but are not limited to: changing weather conditions, changing water levels, undertows, changing water conditions, cold water immersion, hidden underwater obstacles, trees or other above water obstacles, changing and unpredictable currents, drowning, exposure, swimming, overturning, improper use of equipment, carrying boards and other equipment, entrapment of feet or other body parts under rocks or other objects or with equipment, equipment failure,dehydration, sunburn, not being familiar with the waterway and forecast water and weather conditions, high water, high wind, rapids, other watercraft, docks,pilings or any other obstacles, other participants, instructor/guide’s directions, wildlife, marine life, transport to and from the Activity, hiking, and mental and physical distress.  The Undersigned acknowledge and understand that the description of the risks listed above IS not complete and that participating in the Activity may be dangerous and may include other risks. 3.Release, Indemnification, and Assumption of Risk.  In consideration of the Participant being permitted to participate in the Activity, the Undersigned agree as follows: (a)Release.  The Undersigned hereby irrevocably and unconditionally release, forever discharge,and agree not to sue or bring any other legal action against the RELEASED PARTIES with respect to any and all claims and causes of action of any nature  whether currently known or unknown, which the Undersigned, or any of them, have or which could be asserted on behalf of the Undersigned in connection with the Participant’s participation in the Activity, including, but not limited to claims of negligence, product defect, breach of warranty, and/or breach of contract.  (b) Indemnification.  The Undersigned hereby agree to indemnify,defend and hold harmless the Released Parties from and against any and all liability, cost, expense or damage of any kind or nature whatsoever and fromany suits, claims or demands, including attorney fees, legal fees and expenses whether or not in litigation, arising out of, or related to, Participant’s participation in the Activity.  Such obligation on the part of the Undersigned shall survive the period of the Participant’s participation in the Activity.   (c) Assumption of Risk.The Undersigned agree and understand that there are dangers and risks associated with the participation in the Activity and that INJURIES AND/OR DEATH may result from participating in the Activity,including, but not limited to the acts, omissions, representations,carelessness, and negligence of the Released Parties.  By signing this document, the Undersigned recognize that property loss, injury and death are all possible while participating in the Activity. RECOGNIZING THE RISKS AND DANGERS, THE UNDERSIGNED UNDERSTAND THE NATURE OF THE ACTIVITY AND VOLUNTARILY CHOOSE FOR PARTICIPANT TO PARTICIPATE IN AND EXPRESSLY ASSUME ALL RISKS AND DANGERS OF THE PARTICIPATION IN THE ACTIVITY,WHETHER OR NOT DESCRIBED ABOVE, KNOWN OR UNKNOWN, INHERENT, OR OTHERWISE. 4.Minor Acknowledgment.  In the case of a minor Participant,the Undersigned parent or legal guardian acknowledges that he/she is not only signing this Agreement on his/her behalf, but that he/she is also signing on behalf of the minor and that the minor shall be bound by all the terms of this Agreement.  Additionally, by signing this Agreement as the parent or legal guardian of a minor, the parent or legal guardian understands that he/she is also waiving rights on behalf of the minor that the minor otherwise may have.  The Undersigned parent or legal guardian agrees that, but for the foregoing, the minor would not be permitted to participate in the Activity.  By signing this Agreement without a parent or legal guardian’s signature, Participant, under penalty of fraud, represents that he/she is at least 18 years of age.  If signing as the parent or guardian of a minor Participant, signing adults represent that they are a legal parent or guardian of the minor Participant. 5.Medical Care.Undersigned authorize the Released Parties and/or their authorized personnel to call for medical care for Participant or to transport Participant to a medical facility or hospital if, in the opinion of such personnel, medical attention is needed.  Undersigned agree to pay all costs associated with such medical care and related transportation. 6 Acceptance of Equipment.  Undersigned accept for use as is the SUP/Kayak equipment rented from the Released Parties, and accept full financial responsibility for the care of the equipment during the rental period. Undersigned will be responsible for the replacement at full replacement value of any equipment rented, but not returned to the Paddling Paradise.  Undersigned agree to return all rental equipment by the agreed date. 7. Photos/Video Images. Paddling Paradise or anyone authorized by Paddling Paradise has permission to use Participant’s photograph or video image taken during the activity for promotional materials without compensation paid to Participant. 8.Miscellaneous.  The Undersigned further agree and understand:(a) Participant will not engage in any activities prohibited by any applicable laws, statutes, regulations and ordinances; (b)this Agreement shall be governed by the laws of the State of FL and the exclusive jurisdiction for any claim shall be the District Court of Brevard, or the federal court of the State of FL; (c) Undersigned represent he/she is in good physical health; (d) Undersigned agrees to use a life jacket or appropriate leash while participating in the Activity; (e) this Agreement constitutes the entire agreement between the parties hereto and supersedes any and all prior contracts, arrangements, communications, or representations, whether oral or written, between the parties relating to the subject matter hereof; (f) the Undersigned understand and acknowledge that this Agreement is a contract and shall be binding to the fullest extent permitted bylaw.  If any part of this Agreement is deemed to be unenforceable, the remaining terms shall be an enforceable contract between the parties.  It is the intent of the Undersigned that this agreement shall be binding upon the assignee's, subrogors, distributors, heirs, next of kin, executors and personal representatives of the Undersigned.I HAVE CAREFULLY READ THE FOREGOING ASSUMPTION OF RISK, RELEASE OF LIABILITY & INDEMNIFICATION AGREEMENT AND UNDERSTAND ITS CONTENTS. I AM AWARE THAT I AM RELEASING LEGAL RIGHTS THAT OTHERWISE MAY EXIST. I HAVE READ THE FOREGOING ACKNOWLEDGMENT OF RISKS & RESPONSIBILITY, AND RELEASE OF LIABILITY.I UNDERSTAND THAT BY SIGNING THIS DOCUMENT, I AM WAIVING VALUABLE LEGAL RIGHTS.I UNDERSTAND THERE WILL BE NO REFUNDS FOR PARTIAL TIME USED ONCE LEAVING Paddling Paradise WITH THE RENTAL EQUIPMENT AND THERE WILL BE A CHARGE FOR GEAR NOT RETURNED OR RETURNED LATE.Excessive Damage to Stand Up Paddleboard and or Paddle will result in a fee of up to the cost of replacement:   Furthermore, I hereby personally assume all risks in connection with said activity and I further release Paddling Paradise LLC, their officers, directors, employees, agents and volunteers for any injury or damage which I may suffer while I undertake the above referenced activity, including all risks connected therewith, whether foreseen or unforeseen, which may result in injury, death, or other damages to me or my family, heirs, or assigns; and, further, I agree to save and hold harmless Paddling Paradise LLC their officers, directors, employees and agents from any claim by me or my family, estate, heirs or assigns, arising out of my enrollment and participation in the above mentioned activity.  In addition, I give my consent to Paddling Paradise LLC, to use any photographs that are taken during said program for marketing and advertising          

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