Fighting Conch Kayak Rentals
Fighting Conch Kayak Rentals LLC
Please Read Carefully --- Waiver and Release of Liability
Each person in a group must sign this form. If the person is under the age of 18 then a parent or guardian must sign and assume responsibility for the minor.
In consideration of Fighting Conch Kayak Rentals LLC, agreeing to furnish services, and/or equipment to enable me to participate in activities including but not limited to kayaking, canoeing or paddle boarding, I agree as follows:
Assumption of Risk:
I understand and accept that renting this kayak and participating in kayaking exposes me to changing water flow, tides, currents, wave action, boat wakes, inclement weather, lightning; extremes of wind, weather and temperature, the presence of insects and marine life, collision, capsizing, or other hazards that may result in wetness, submersion in water, personal injury (including drowning or bodily injury), equipment failure or operator error and loss of or damage to property. I also understand I should be in good physical health to participate in kayaking. I have the adequate skills and knowledge to safely operate and handle the kayak. I understand accessories such as cargo (dry bags, coolers, etc) can change the dynamics of kayaking and can create additional risks for the participant. Renter understands that use of a U.S. Coast Guard approved personal flotation device (“life vest”) does not remove all risks of injury; nor does lifejacket use make kayaking a safe activity. I choose to participate in kayaking in spite of these risks and hereby assume all risk of injury or loss of life and loss of or damage to property arising out of renting this kayak and participating in kayaking. I understand the inherent risk involved in using this equipment; accept full responsibility for any and all such damage or injury which may result.
Waiver and Release:
In consideration of Fighting Conch Kayak Rentals LLC renting me this kayak, I specifically release and forever discharge Fighting Conch Kayak Rentals LLC and its officers, agents, and employees from any and all liability or claims for injury, illness, death, or loss of or damage to property which I may suffer while renting this kayak and participating in kayaking. This discharge specifically includes, but is not limited to, liability or claims for injury, illness, death or damage caused by the negligence of Fighting Conch Kayak Rentals LLC or its officers, agents, or employees.
Terms and Authorization:
I have carefully examined the rental equipment and find it to be in good working condition and will be returned in the same condition with the exception of ordinary wear and tear. If the equipment is lost, stolen or damaged during the rental period, I will be financially responsible for repair or replacement costs as determined by Fighting Conch Kayak Rentals LLC. I acknowledge acceptance of these terms and authorize Fighting Conch Kayak Rentals LLC to charge my credit card for any lost, stolen, or damaged rental items.
Kayak Rules and Regulations:
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Must be 21 years of age or older to rent kayak(s).
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A life vest must be worn at all times.
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Do not use paddles to push off the bottom, as it breaks the end of the paddles.
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The returned kayak must be empty of any trash or be subject to a cleaning fee.
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No dragging kayaks on the ground as it causes holes.
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Wash the kayak and equipment down with freshwater after use.
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The kayak is to be operated safely and in accordance with all Florida, federal, and local boating regulations, laws, and ordinances.
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All individuals must abide by all Florida Wildlife Commission regulations and rules in fishing and/or collecting of marine species. Download the free app "Fish Rules" to check bag limits and seasons of fish and other marine species.
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No consumption of alcohol or controlled substances while operating the kayak.
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The kayak is to only be used during daylight hours.
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Do not take the kayak more than one mile from shore.
Beach Gear Rules and Regulations
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We are a leave no trace beach community.
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Do not leave any equipment on the beach overnight.
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Wash off equipment with fresh tap water after use at end of day.
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Do not use beach chairs or tables on hard surfaces such as concrete, asphalt, etc...
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The renter is responsible for lost or damaged gear and will be charged accordingly.
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On the day of your departure, please leave equipment in the area it was dropped off and in carry bags if equipment is stored in such.
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We are not responsible for any injury due to normal or misuse of equipment.
Fighting Conch Kayak Rentals LLC staff has answered any questions I have had.
I HAVE READ THE WAIVER AND RELEASE AND BY SIGNING IT, AGREE IT IS MY INTENTION TO EXEMPT AND RELIEVE FIGHTING CONCH KAYAK RENTALS LLC, AND ITS AGENTS, EMPLOYEES, AND OFFICERS FROM LIABILITY FOR PERSONAL INJURY, PROPERTY DAMAGE OR WRONGFUL DEATH CAUSED BY NEGLIGENCE OR ANY OTHER CAUSE.
I understand that my electronic signature shall have the same legal effect as if written manually. I also understand that I will be asked to provide identification prior to receiving equipment and/or services.
Signature of Parent or Guardian for any kayak passenger under 18, or if assuming responsibility
for entire group and anything that might happen during the rental to a person using the equipment or for damage to the equipment.
**DO NOT DRAG KAYAKS**