General Liability Easy Kayaks Participant Agreement, Release, and Assumption of Risk.
Please read the following document carefully and understand it thoroughly. By agreeing to hire a kayak from Easy Kayaks, it is assumed that you implicitly agree to our conditions of hire, our booking terms and conditions and our acceptance of risk statements.
To Easy Kayaks: In consideration of the services of Easy Kayaks, 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 “Easy Kayaks”), I hereby agree to release, indemnify and discharge Easy Kayaks, on behalf of myself, my children, my parents, my heirs, assigns, personal representative and estate as follows:
I acknowledge that kayaking entails known and unanticipated risks which 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: boat capsize; tidal conditions and currents: travel in remote areas; collision with objects or other watercraft; prolonged exposure to cold water, hypothermia, accidental drowning; mental anguish or trauma, illness in remote areas; 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; and rapidly changing adverse weather and water conditions. Furthermore, Easy Kayaks guides and representatives 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.
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.
I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless Easy Kayaks 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 Easy Kayaks equipment or facilities, including any such Claims which allege negligent acts or omissions of Easy Kayaks.
Should Easy Kayaks 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.
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. I further certify that I am willing to assume the risk of any medical or physical condition I may have.
I agree that if any portion of this agreement is found to be void or unenforceable, the remaining portion shall remain in full force and effect.
I authorize and agree to the reasonable and proper use by Easy Kayaks of any and all photographs/Video which may be taken of any aspect of the program and which may include the image of the participant.
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 Easy Kayaks on the basis of any claim from which I have released them herein.
I have had sufficient opportunity to read this entire document. I confirm that I am over 18 (eighteen) years of age and that I have read and understood this agreement and Terms and Conditions posted on the Easy Kayaks web site prior to signing it and agree that this agreement will be binding upon me, my heirs, next of kin, executors, administrators and successors. I agree that this agreement shall be governed in all respects by and interpreted in accordance with the law of Australia.