1. In consideration for renting a kayak/sup board and or participating in Kayakers St Augustine tours and other valuable consideration, I hereby release, WAIVE, discharge and COVENANT not to sue Kayak St Augustine INC, their officers, organizers (Greg Braswell), agents, and employees, volunteers, representatives, event holders, event sponsors, event directors, any and all municipalities or other public entities (hereafter referred to as RELEASEES) from any and all liability, claims, demands, actions and causes of action whatsoever arising out of or relating to any loss, damage, or injury, including death, that may be sustained by me, or to any property belonging to me, WEATHER CAUSED BY THE NEGLIGENCE OF THE RELEASEES, or otherwise, while participating in such activity, or while, in, on or upon the premises where the activity is being conducted or in the transportation to and from the said premises.
2. To the best of my knowledge, I can fully participate in this activity. I am fully aware of risks and hazards connected with the activity, including but not limited to the risks as noted herein, and I hereby elect to voluntarily participate in said activity, to enter the above-named premises and engage in such activity knowing that the activity may be hazardous to me and my property. I VOLUNTARILY ASSUME FULL RESPONSIBILITY FOR ANY RICKS OF LOSS, PROPERTY DAMAGE OR PERSONAL INJURY, INCLUDING DEATH, that may be sustained by me or any loss or damage to property owned by me, as a result of being engaged in this activity, weather caused by negligence of releasees or otherwise.
3. I further hereby agree to indemnify and hold harmless the releasees from any loss, liability, damage or costs, including court costs and attorney’s fees, let may incur due to my participation and said activity, weather caused by negligence of releasees or otherwise.
4. It is my express intent that this Release and Hold Harmless Agreement shall bind the members of my family and spouse (if any), if I am alive, and my heirs, assigns and personal representative, if I am not alive, shall be deemed as a RELEASE, WAIVER, DISCHARGE AND COVENANT NOT TO SUE the above name releasees. I hereby further agree that this Waiver of Liability and Hold Harmless Agreement shall be construed broadly to provide a release and waiver to the maximum extent permissible under applicable law. In accordance with the laws.
5. I UNDERSTAND THAT THE KAYAK ST AUGUSTINE INC OR ANYONE ASSOCIATED WITH THE GROUP WILL NOT BE RESPONSIBLE FOR ANY MEDICAL COSTS ASSOCIATED WITH AN INJURY I MAY SUSTAIN.
6. I also understand that I should and am urged to obtain adequate health and accident insurance to cover any personal injury to myself which may be sustained during the activity or the transportation to and from said activity. BY RENTING A KAYAK/SUP BOARD AND OR PARTICIPATING IN A TOUR AND OR ANY ACTIVITY WITH KAYAK ST AUGUSTINE INC, I ACKNOWLEDGE AND REPRESENT THAT I have read the foregoing Waiver of Liability and Hold Harmless Agreement, understand it and agree voluntarily as my own free act and deed; no oral representations, statements or inducements, apart from the foregoing written agreement, have been made; I am at least eighteen (18) years of age and fully competent; and I execute this Release for full, adequate and complete consideration fully intending to be bound by same.
If I am not 18 years of age I understand that I may need my parental consent to participate in any of the above activities and I will let Kayak St Augustine INC know that I am not 18 years of age.
If under 18, signature of parent or guardian is required – please read below.
FOR PARTICIPATES OF MINORITY AGE (UNDER 18 AT TIME OF REGISTRATION):
This is to certify that I, as parent/guardian of the participant do consent and agree to his/her indemnification, release and hold harmless as provided above of all Releasees, and I, for myself and behalf of my heirs, assigns next of kin, hereby release, indemnify and hold harmless the Releasees from any and all claims incident to my child’s involvement in these programs even if arising out of negligence of the releasees.