KAYAK USE AGREEMENT

 

The Environmental Learning Center, Inc. (the “ELC”) permits the User signing this agreement the use of a Kayak (hereinafter the “Equipment”) subject to all the terms set forth in this Agreement and User agrees and confirms:

 

  1. User fully understands and comprehends the risks of using the Equipment, including without limitation, those caused by facilities; weather; dangerous or defective Equipment; vehicular traffic; and actions of other Users, visitors, volunteers, event officials, event monitors, producers of events, and other third parties.
  2. User acknowledges that the use of the Equipment may be dangerous and requires a certain degree of physical condition, ability, maturity, and skil User acknowledges that User is solely responsible for determining User’s suitability to use the Equipment. User acknowledges having the requisite skills, qualification, and physical ability necessary to properly and safely use the Equipment. User certifies that there are no health-related problems which preclude the use of the Equipment.
  3. User does not have any questions concerning the use of the Equipment.
  4. User is responsible for operating the Equipment safely and will follow instructions, make reasonable decisions, and act responsibly. User understands how, where, and under which circumstances to operate the Equipment. User understands and will abide by all safety rules, including the use of a life jacket.
  5. User is responsible for all damage to or loss of the Equipment and accepts responsibility for any property damage, property loss, personal injury, illness, disability, emotional distress, and death that User may suffer or cause, even if not described above, including the cost of repair, or the actual cash retail value of the Equipment on the date of the loss if the Equipment is not repairable or if the ELC elects not to repair it, whether or not the User is at fault. User is responsible for theft of the Equipment, loss of use, diminished value of the Equipment caused by damage to it or repair of it, and a reasonable charge to cover the ELC’s administrative expenses connected with any damage claim, whether or not the User is at fault.
  6. User agrees to be the sole person using the Equipment and is fully responsible for any persons who, with or without their consent, sit on, stand, ride on or operate the Equipment.
  7. User agrees to immediately cease using the Equipment if User finds or suspects any fault with the Equipment. User shall notify the ELC of any fault immediately.
  8. User acknowledges the ELC may take and use photographs, video, film, and other images while using the Equipment. User waives all rights, which include, without limitation, the rights of privacy, publicity, compensation, and copyright, to those images and consents to the ELC using those images for any commercially reasonable purpose.
  9. This Agreement shall be binding upon the distributees, heirs, and next of kin, executors, administrators and personal representatives of the undersigned User.
  10. By signing below, or clicking acceptance on ELC webform, User agrees to hold harmless and forever waive, release, and discharge ELC and affiliated individuals and entities, which include, without limitation, ELC’s members,  contributors,  donors,  directors,  officers,  employees,  volunteers,  event sponsors, event monitors, producers of events, representatives, agents, successors, and assigns (“ELC’s Affiliates”), from and against any and all claims or liabilities brought by User or on User’s behalf by a family member, User’s estate, another visitor, or another individual or entity for any injuries or illness whatsoever, which include, without limitation, injuries to my person; injuries to my property; property theft; physical illness; emotional distress; disability; death; injuries or illness that result from impacts with individuals or equipment; injuries or illness that result from hazards such as manmade or natural features or wildlife; and injuries or illness attributable to or exacerbated by delays in access emergency medical treatment that arise from or incident to User’s use of the Equipment. This waiver and release is for all types of claims and lawsui To the fullest extent permitted by law, this waiver and release includes losses caused or alleged to be caused by the negligence or carelessness of the ELC or ELC’s Affiliates. This Agreement is to be construed broadly to provide release and waiver to the maximum extent permissible under applicable law.
  11. By clicking I accept on the ELC website or printing and signing below, User indemnifies, holds harmless, and promises not to sue ELC or ELC’s Affiliates for any and all liabilities or claims made as a result of User’s use of the Equipment, even when caused by the negligence of ELC or ELC’s Affiliates. This Agreement is to be construed broadly to provide indemnification to the maximum extent permissible under
  12. If any provisions hereof or the application of any provisions to any person or circumstance is held invalid or unenforceable, the remainder hereof and the application of such provision to other persons or circumstances shall remain valid and enforceable.
  13. This Agreement shall be governed by the laws of the State of Florida, and any legal action relating to or arising out of this Agreement shall be commenced exclusively in the Circuit Court in and for Indian River County, Florida.

 

IN SIGNING THIS RELEASE, I ACKNOWLEDGE AND REPRESENT THAT I have read the foregoing, understand it and sign it 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 the Agreement for full, adequate, and complete consideration fully intending to be bound by same.

 

USER:         

                                                              

Print Name: ___________________________________

Signature_____________________________________

Address: ______________________________________

Date: _________________________________________

               ______________________________________

Phone: ________________________________________

 

 

Parent or Legal Guardian:

 

I hereby warrant that I have legal authority to act on behalf of my Child/Ward. I agree to all of the above terms and conditions for myself and on behalf of my Child/Ward. If I sign for a User that is not my Child/Ward, then I agree to indemnify the ELC for any and all claims brought by or on behalf of the Child/Ward for whom I sign or for any claim brought by any other person that is related to the Child’s/Ward’s use of the Equipment.

 

Print Name: ___________________________________

Signature_____________________________________

Address: ______________________________________

Date: _________________________________________

               ______________________________________

Phone: ________________________________________