TERMS OF SERVICE
Pacific Coast Kayak Tours, LLC
Release of Liability and Assumption of Risk Agreement
(READ BEFORE BOOKING A TOUR)
In consideration of my participation in kayaking activities, including transportation to and from activities, you appreciate, and willingly agree that:
1. You will comply with the stated and customary terms and conditions for participation. If, however, you observe any unusual significant hazard during my presence or participation, you will remove myself from participation and bring such to the attention of the nearest instructor or guide immediately; and,
2. You acknowledge and fully understand that each participant will be engaging in activities that involve risk or serious injury, including permanent disability and death, and severe social and economic losses which might result not only from my own actions, inactions or negligence, but the actions, inactions or negligence of others, the environmental conditions or from any of the equipment used. Further, you accept personal responsibility for the damages following such injury, permanent disability or death; and,
3. You knowingly and freely assume all risk, both known and unknown, even those arising from the negligent acts or omissions of others and assume full responsibility for my participation; and,
4. By participating in or attending any activity in connection with this program, whether on or off the premises, you consent to the use of photographs, pictures, film or videotape taken of me or provided by me for publicity, promotion, television, websites or any other use, and expressly waive any right of privacy, compensation, copyright or other ownership right connected to the same.
5. You, for yourself and on behalf of your heirs, assigns, personal representatives and next of kin, hereby release, indemnify and hold harmless Pacific Coast Kayak Tours, LLC, its officers, owners, staff, volunteers, other participants, any other affiliates and, if applicable, owners and lessors of premises used to conduct the activity, all of which are hereinafter referred to as "Releasees," with respect to all and any injury, disability, death, or loss or damage to persons or property, whether arising from the negligence of the Releasees or otherwise, to the fullest extent permitted by law.
BY BOOKING YOUR TOUR, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT YOU HAVE GIVEN UP SUBSTANTIAL RIGHTS BY AGREEING TO IT, AND AGREE TO IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.
For Parents/Guardians of Participants of Minority Age (under age 18 at time of registration):
This is to certify that YOU, as parent/guardian with legal responsibility for this participant, do consent and agree to his/her release as provided above of all the Releasees, and, for you, your child and your heirs, assigns, and next of kin, you release and agree to indemnify and hold harmless the Releasees from any and all liabilities incident to my minor child's involvement or participation in these programs as provided above, even if arising from the negligence of the Releasees, to the fullest extent permitted by law.