Kayak and Paddleboard Rental Agreement
Participant Agreement, Release, and Assumption of Risk
In consideration of the services of Big Break Marina Holdings LLC, their agents, owners, officers, volunteers, participants, employees and all other persons or entities acting in any capacity on their behalf (hereinafter collectively referred to as "BBM", I hereby agree to release, indemnify and discharge BBM, on behalf of myself, my children, my parents, my heirs, assigns, personal representative and estate as follows:
1. I acknowledge that my participation in kayaking 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: capsize and entrapment; currents; travel in remote areas; collision with objects or other watercraft; prolonged exposure to cold water, cold shock, hypothermia, accidental drowning; illness in remote areas; exposure to temperature and weather extremes which could cause cold water shock, hypothermia, hyperthermia (heat related illnesses), heat exhaustion, sunburn, dehydration; exposure to sun, strong wind, cold, storms, large waves, eddies and whirlpools and lightening: aggressive and/or poisonous marine life; wrist, arm, shoulder, and/or back injuries; slips and falls while hiking; rapidly changing adverse weather and water conditions; my own physical condition and the physical exertion associated with this activity. Kayaks are slippery when wet and accidents can occur getting in or out. Exposure to the natural elements can be uncomfortable and/or harmful. Furthermore, BBM employees 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, the elements or the terrain. They may give inadequate warnings or instructions and the equipment being used might malfunction.
2. 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, l agree to wear a U.S. Coast Guard approved personal flotation device (life jacket) while participating in this activity.
3. I hereby voluntarily release, forever discharge and agree to indemnify and hold harmless BBM 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 BBM's equipment or facilities including any such claims which allege negligent acts or omissions of BBM.
4. Should BBM 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.
5. 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. l further certify that I am willing to assume the risk of any medical or physical condition I may have.
6. In the event that I file a lawsuit against BBM, I agree to do so solely in the state of California and 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 portions 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 BBM on the basis of any claim from which I have released them herein.
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.
Electronic Signature and Acknowledgement
Enter the date and your full name to acknowledge your electronic signature of this document.
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PARENT'S OR GUARDIAN'S ADDITIONAL INDEMNIFICATION
(Must be completed for participants under the age of 18)
In consideration of the named child(ren) ("Minor") being permitted by BBM to participate in these activities and to use its equipment and facilities, I further agree to indemnify and hold harmless BBM from any and all claims which are brought by, or on behalf of Minor and which are in any way connected with such use or participation by Minor.
Your Electronic Signature