A: I, for myself and my minor child or children for which I am parent, legal guardian, supervisor or otherwise responsible, assume all risks of injury, loss of life and damage to persons and property during the use and operation of all equipment furnished by Orchid Island Bikes & Kayaks, and it’s employees, agents and I fully realize that Orchid Island Bikes & Kayaks or its agents, and employees have no control over the manner of the use and operation of the equipment.
B: It is further understood that I, and in signing on behalf of other members of my party, including but not limited to, a minor child or children, agree to release, and to pay for, defend, indemnify and hold harmless Orchid Island Bikes & Kayaks, or its agents, employees, successors and assigns from all liabilities, claims and demands for loss, damage, or injuries and property sustained by me, my children, dependents, and any and all other persons claiming through me resulting from the use and operation of all equipment.
C: I accept for use the equipment rented and provided by Orchid Island Bikes & Kayaks in “as is” condition. I acknowledge that I am fully responsible for the care of, damage to, or loss of the equipment due to any accident, collision, theft, whether or not arising from my negligence, recklessness, or fault of the operator in use of the equipment, I will be responsible for the prompt replacement at full retail value of all equipment furnished and provided by Orchid Island Bikes & Kayaks not returned or damaged.
D: I agree to return all rental equipment by the agreed date and time in a clean condition to avoid additional charges.
E: All instructions on the use of rental equipment have been made clear to me and I understand the function of the equipment and I am physically capable to operating same. F: Orchid Island Bikes & Kayaks will not issue refunds for the early return of any equipment rentals.
G: Orchid Island Bikes & Kayaks reserves the right to charge a minimum cleaning of $25.00 for any equipment nor returned to Orchid Island Bikes & Kayaks in a clean and presentable manner.
H: All reservations must be cancelled no later than 72 hours prior to the scheduled reservation date. All orders cancelled within 72 hours of reservation dare will be subject to full charge for all equipment ordered.
I: Life jackets must be worn at all times by all paddlers. Florida State Law requires any children, 16 years of age and younger, must wear life preservers at all times. (Life jackets are provided free of charge by Orchid Island Bikes & Kayaks with all kayak and Paddleboard rentals.)
J: The risk of injury from the activities involved with KAYAKING can be significant, including the potential death, and while particular rules, equipment (safety equipment is provided FREE with all rentals), and personal discipline may reduce this risk, the risk of serious injury does exist, and:
K: I knowingly and freely assume all such risks, both known and un-known, even if arising from the negligence of the releases or others, and assume full responsibility for my participation: and,
L: I willingly agree to comply with the stated and customary terms and conditions for participation. If however I observe any unusual significant hazard during my participation, I will remove myself from participation and immediately bring such hazards to the attention of Orchid Island Bikes & Kayaks: and,
M: I for myself and on behalf of my heirs, assigns, personal representatives and next of kin, HEREBY RELEASE AND HOLD HARMLESS Orchid Island Bikes & Kayaks, their officers, officials, agents, and or employees, other participants, kayak manufacturer, and if applicable owners and lessors of premises used by Orchid Island Bikes & Kayaks to conduct business (releases), WITH RESPECT TO ANY AND ALL INJURY, DISABILITY, DEATH, and loss or damage to person or property, WHETHER ARISING FROM THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE.
I HAVE READ THIS RELEASE FROM LIABILITY AND ASSUMPTION OF RISK AGREEMENT. I FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.