Austin Pedal Kayaks Participation Agreement, Waiver & Release
This document limits our liability. Please read it carefully before signing. For and in consideration of the use, rental, or other access to equipment, facilities, or activities of Austin Pedal Kayaks LLC, the undersigned Participants enter this Participation Agreement & Waiver and Release (Agreement).
By signing this Agreement, I agree to all of the following terms and conditions:
WARNINGS, UNDERSTANDINGS, AND REPRESENTATIONS:
The business of Austin Pedal Kayaks LLC includes Kayaking; Stand Up Paddle Boarding; and Other open water or sports activities. I understand that participation in these activities involves risk of serious injury, including bodily, mental injury, disability, paralysis, pain, suffering, or death. Dangers to persons, pets, and other property may include tipping or turning over of watercraft; entanglement in obstructions; exposure to heat, cold, lightning, strong currents, injurious plants, harmful algae, bacteria, waterborne toxins, insects, animals, or other elements; sunburn; dehydration; heat stroke; muscle cramps; exhaustion; hypothermia; or accidental drowning. I understand that risks and dangers may result from the acts or omissions of myself or third parties, or of Austin Pedal Kayaks LLC, its agents, employees, owners, participants, volunteers, or others acting on their behalf. With full knowledge of the risks and dangers, I represent that :I am in good health and proper physical condition to participate in the activities and business of Austin Pedal Kayaks; I do not have health problems or medical conditions that preclude participation; and I have inspected the equipment, facility, and activities of Austin Pedal Kayaks, and I find that they are acceptable for the intended use or participation.
ASSUMPTION OF RISK AND RESPONSIBILITY FOR INJURY OR DAMAGE:
I acknowledge that open water or sports activities are inherently dangerous and that I participate at my own risk. I understand that risks and dangers cannot be eliminated without jeopardizing the essential qualities of the activity, and I voluntarily elect to participate, accepting and assuming the risks. I agree to follow Austin Pedal Kayak LLC’s Rules of the Water, which include, but are not limited to, staying at least 50 feet away from moving watercraft, an approved PFD be equipped for each person(s) on board, children under the age of 13 must wear approved PFD when underway at all times, no trespassing onto private property or docks, stand up paddle boards and single kayaks must remain inside the no-wake zone at all times unless otherwise noted, pedal kayaks outside the no-wake zone must stay within 150ft of shoreline and avoid powerboats in the main channel at all times, respecting the wildlife at all times, no dumping of trash or waste into the water. I certify that I have adequate insurance to cover any injury or damage that I may cause or suffer. I agree to bear the costs and responsibility for any injury or damage I may cause or suffer, including payment for bodily injury, property damage, or lost or damaged equipment.
INDEMNIFICATION AND RELEASE OF LIABILITY:
I unconditionally release and discharge Austin Pedal Kayaks LLC, and its agents, employees, owners, administrators, directors, officers, members, instructors, participants, volunteers, contractors, sponsors, advertisers, or event organizers, or others acting on their behalf (Released Parties) of any liability, claims, demands, causes of action, losses, injuries, or damages, whether caused in whole or in part by the Released Parties, or by the negligence of the Released Parties. This Release extends to any injuries, including death, or damage to persons, pets, or other property that may arise from the use, rental, or other access to the equipment, facilities, or activities of Austin Pedal Kayaks or which may be connected to my participation in the activities, and to all claims for personal injuries or property damage sustained by me, or by my estate, parents, children, heirs, beneficiaries, personal representatives, or assigns (Releasing Parties). On behalf of myself and the Releasing Parties, I agree to indemnify, save, and hold harmless Austin Pedal Kayaks LLC and each of the Released Parties for any loss, liability, damage, litigation expenses, attorneys’ fees, or cost of any kind, which may result from any injury, damage, or other loss occasioned by use, rental, or other access to equipment, facilities or activities of Austin Pedal Kayaks.
CHILDREN UNDER 18 (REQUIRED PARENT(S)’ OR GUARDIAN(S)’ CONSENT AND INDEMNIFICATION):
I, the parent and/or legal guardian of participant(s) under the age of 18, understand the nature of the activities to be engaged in by the minor(s), and, knowing the experience and capabilities of the minor(s), I represent the minor(s) to be qualified to participate and consent to their participation. I accept full responsibility for the safety of the minor(s). In consideration of the minor(s) being permitted by Austin Pedal Kayaks to participate in its activities and to use its equipment and facilities, I release, discharge, and covenant not to sue Austin Pedal Kayaks LLC and the Released Parties from any liability, claims, demands, causes of action, losses, injuries or damages to the minor(s). Further, as further described in this Agreement, I agree to indemnify, save, and hold harmless Austin Pedal Kayaks LLC and the Released Parties from any damages, costs, or attorneys’ fees for any claims by or on behalf of the minor(s), or on account of the minor(s).
AUTHORIZATION TO USE LIKENESS:
I hereby give permission for Austin Pedal Kayaks LLC, its marketing consultants and their agents to capture the voice, image or likeness of myself or child through video, photograph, or digital camera. Further, I consent to the use of said voices, images, or likeness by Austin Pedal Kayaks, its marketing consultant or others in advertising, promoting, or marketing their businesses, activities, events, or equipment, and hereby waive any rights of compensation or ownership thereto.
CHOICE OF LAW:
This Agreement creates a covenant not to sue, and complete release and indemnity of, Austin Pedal Kayaks LLC and the Released Parties. If, despite this Agreement, a lawsuit is attempted, I agree that the exclusive forum shall be Travis County, Texas, applying the laws of the State of Texas. I agree that if any term of this Agreement is found to be void or unenforceable, then the remaining terms shall remain in full force and effect.
CAREFUL REVIEW AND UNDERSTANDING:
I have read and I understand the posted Equipment Safety Rules and Regulations. I have carefully read this Agreement in its entirety. I fully understand the Agreement, understand that I am knowingly waiving substantial rights by signing the Agreement, and sign it freely and voluntarily, without any inducement or assurance of any nature.
I HAVE READ THIS AGREEMENT, WHICH INCLUDES A WAIVER OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNITY AGREEMENT. I UNDERSTAND THIS AGREEMENT’S TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND HAVE SIGNED IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT, ASSURANCE, OR GUARANTEE BEING MADE TO ME. INTEND MY SIGNATURE TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW.