This “TWO DUDES AND A BOAT KAYAK RENTALS, LLC PARTICIPATION WAIVER, RELEASE OF LIABILITY AND PHOTO RELEASE” remain in effect for the full duration of my participation in the activity, during this initial and all subsequent events of participation.
In consideration of the risk of injury that exists while participating in Two Dudes and a Boat Kayak Rentals, LLC (hereinafter the "Activity"); and in consideration my desire to participate in said Activity and being given the right to participate in same.
I, hereby, for myself, my heirs, executors, administrators, assigns, or personal representatives (hereinafter collectively, "Releasor," "I" or "me", which terms shall also include Releasor's parents or guardian if Releasor is under 18 years of age), knowingly and voluntarily enter into this “TWO DUDES AND A BOAT KAYAK RENTALS, LLC PARTICIPATION WAIVER, RELEASE OF LIABILITY AND PHOTO RELEASE” and hereby waive any and all rights, claims or causes of action of any kind arising out of my participation in the Activity; and I hereby the release and forever discharge Two Dudes and a Boat Kayak Rentals, LLC, located at 1 Fifth St, Augusta, Georgia 30901, their affiliates, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors and assigns (collectively "Releasees"), from any physical or psychological injury that I may suffer as a direct result of my participation in the aforementioned Activity.
I am voluntarily participating in the Activity, and I am participating in the Activity entirely at my own risk. I am aware of the risks associated with participating in this activity, which may include, but are not limited to: physical or psychological injury, pain, suffering, illness, disfigurement, temporary or permanent disability (including paralysis), economic or emotional loss, harmful physical conflicts with others , animal attacks, snake bites, insect bites and/or stings, alligator attack, allergic reactions, dangers arising from adverse weather conditions, dangers arising from water conditions and levels and death.
I, understand that these injuries or outcomes may arise from my own or others' negligence, conditions related to travel to and from the activity, or from conditions at the activity location(s). Nonetheless, I assume all related risks, both known and unknown to me, of my participation in this Activity.
I, further agree to indemnify, defend, and hold harmless the Releasees against all claims, suits, or actions of any kind whatsoever for liability, damages, compensation or otherwise brought by me or anyone on my behalf, including attorney's fees and any related costs.
I, further acknowledge that Releases are not responsible for errors, omissions, acts, or failures to act of any party or entity conducting a specific event or activity on behalf of Releases. If I should require medical care or treatment, I authorize Two Dudes and a Boat Kayak Rentals, LLC to provide all emergency medical care deemed necessary, including but not limited to, first aid, CPR, the use of AEDs, emergency medical transport, and sharing of medical information with medical personnel. I further agree to assume all costs involved and agree to be financially responsible for any costs incurred because of such treatment. I am aware and understand that I should carry my own health insurance. I also acknowledge that this Activity may involve a test of a person's physical and mental limits and may carry with it the potential for death, severe injury, and property loss. I agree not to participate in the Activity unless I am medically able and professionally trained, and I agree to abide by the decision of the Two Dudes and a Boat Kayak Rentals, LLC official or agent, regarding my approval to participate in the Activity.
I, hereby acknowledge that I have carefully read this "TWO DUDES AND A BOAT KAYAK RENTALS, LLC PARTICIPATION WAIVER, RELEASE OF LIABILITY AND PHOTO RELEASE" and fully understand that it is a release of liability. I expressly agree to release and discharge Two Dudes and a Boat Kayak Rentals, LLC and all of its affiliates, managers, members, agents, attorneys, staff, volunteers, heirs, representatives, predecessors, successors and assigns, from any and all claims or causes of action and I agree to voluntarily give up or waive any right that I otherwise have to bring a legal action against Two Dudes and a Boat Kayak Rentals, LLC for personal injury or property damage.
To the extent that statute or case law does not prohibit releases for ordinary negligence, this release is also for such negligence on the part of Two Dudes and a Boat Kayak Rentals, LLC, its agents, and employees. I agree that this Release shall be governed for all purposes by South Carolina and/or Georgia law, without regard to any conflict of law principles. This release supersedes all previous oral or written promises or other agreements.
I, hereby acknowledge that all local agencies including Two Dudes and a Boat Kayak Rentals, LLC, 5th Street Marina, the City of Augusta, Georgia and both Georgia and/or South Carolina rules, laws and regulations apply to me, and all participants of the Activity.
If any damage to equipment or facilities occurs and/or any rules, laws and regulations are broken because of my or my family's or my agent's willful actions, neglect, or recklessness, I acknowledge and agree to be held liable for all costs and legal action associated with any such actions of neglect or recklessness.
I, hereby grant and authorize Two Dudes and a Boat Kayak Rentals, LLC the right to take, edit, alter, copy, exhibit, publish, distribute and make use of any and all pictures or video taken of me by Two Dudes and a Boat Kayak Rentals, LLC to be used in and/or for legally promotional materials including, but not limited to, newsletters, flyers, posters, brochures, advertisements, fundraising letters, annual reports, press kits and submissions to journalists, websites, social networking sites and other print and digital communications, without payment or any other consideration. This authorization extends to all languages, media, formats, and markets now known or hereafter devised. This authorization shall continue indefinitely unless I otherwise revoke said authorization in writing.
I, hereby understand and agree that these materials shall become the property of Two Dudes and a Boat Kayak Rentals, LLC and will not be returned.
I, hereby hold harmless, and release Two Dudes and a Boat Kayak Rentals, LLC from all liability, petitions, and causes of action which I, my heirs, representative, executors, administrators, or any other persons may make while acting on my behalf or on behalf of my estate.
This agreement was entered into at arm's-length, without duress or coercion, and is to be interpreted as an agreement between two parties of equal bargaining strength. Both Participant, and Two Dudes and a Boat Kayak Rentals, LLC agree that this agreement is clear and unambiguous as to its terms, and that no other evidence shall be used or admitted to alter or explain the terms of this agreement, but that it will be interpreted based on the language in accordance with the purposes for which it is entered into.
In the event that any provision contained within this “TWO DUDES AND A BOAT KAYAK RENTALS, LLC PARTICIPATION WAIVER, RELEASE OF LIABILITY AND PHOTO RELEASE” shall be deemed to be severable or invalid, or if any term, condition, phrase or portion of this agreement shall be determined to be unlawful or otherwise unenforceable, the remainder of this agreement shall remain in full force and effect. If a court should find any provision of this agreement to be invalid or unenforceable, but that by limiting said provision it would become valid and enforceable, then said provision shall be deemed to be written, construed, and enforced as so limited.
I, the undersigned participant, affirm that I am of the age of 18 years or older, and that I am freely signing this agreement. I certify that I have read this agreement, that I fully understand its content and that this "TWO DUDES AND A BOAT KAYAK RENTALS, LLC PARTICIPATION WAIVER, RELEASE OF LIABILITY AND PHOTO RELEASE" cannot be modified orally. I am aware that this is a “TWO DUDES AND A BOAT KAYAK RENTALS, LLC PARTICIPATION WAIVER, RELEASE OF LIABILITY AND PHOTO RELEASE” and a contract and that I am signing it of my own free will.