Ryan Pelletier (D.B.A. Salty Kayak Adventures)

Waiver of Liability

In consideration of being allowed to participate in the activities and programs of Ryan Pelletier (D.B.A. Salty Kayak Adventures) and the use of its equipment, in addition to the payment of any fee or charge, I do hereby waive, release and forever discharge Ryan Pelletier (D.B.A. Salty Kayak Adventures), its owners, officers, agents, guides, employees, representatives, executors, and all others from any and all responsibility for injuries or damages resulting from my participation in any activities or use of any equipment arising out of my participation in any activity by, through, or with Ryan Pelletier (D.B.A. Salty Kayak Adventures).

I do hereby release all of those mentioned and any others acting upon their behalf from any responsibility or liability for any injury or damage to myself or my property, including those caused by the negligent act or omission of any of those mentioned or others acting on their behalf or in any way arising out of or connected with my participation in any activities of Ryan Pelletier (D.B.A. Salty Kayak Adventures) or the use of any equipment by, through or with Ryan Pelletier (D.B.A. Salty Kayak Adventures).

Equipment shall refer to any item or property provided, rented, leased, used, or otherwise employed or available with and/or by and through Ryan Pelletier (D.B.A. Salty Kayak Adventures).

I understand that kayaking / fishing / camping / snorkeling / swimming & outdoor activities are potentially hazardous activities and that strength, flexibility, and the ability to swim and perform other skills relating to said activities are helpful and/or necessary to my safety and to the safety of those around me. I also understand that these activities and use of equipment involve a risk of property loss, serious injury and even death and that I am voluntarily participating in these activities and using equipment with the knowledge of the dangers involved. I hereby agree to expressly assume and accept any and all risks of injury or death. I do hereby further declare myself to be physically sound and suffering from no condition, impairment, disease, infirmity, or other illness that would prevent my participation in any of the activities, use of equipment and/or programs of Ryan Pelletier (D.B.A. Salty Kayak Adventures).

I expressly agree to indemnify and hold Ryan Pelletier (D.B.A. Salty Kayak Adventures) harmless of, from, and against any and all loss, costs, damages, attorney fees and costs, including fees on fees, and/or any liability whatsoever in connection with the enforcing of the subject agreement by Ryan Pelletier (D.B.A. Salty Kayak Adventures), including expenses incurred in collection or attempting to collect payment and/or in the event of suit by Ryan Pelletier (D.B.A. Salty Kayak Adventures) to recover possession of equipment and/or to enforce any of the terms, conditions and/or provisions hereof. It is understood and agreed that venue of any action hereunder shall be in Palm Beach County, Florida and the Parties hereby expressly waive any defense to venue.

Equipment

I agree that I have carefully examined the equipment and found it suitable for the purpose for which it is leased and/or used, and that the equipment is in suitable and acceptable condition. I hereby agree to maintain all equipment in a safe, dependable condition while in my custody.

I hereby understand that a cash bond and/or credit card deposit will be required for the use and/or rental of any equipment, unless otherwise expressly waived by Ryan Pelletier (D.B.A. Salty Kayak Adventures). I further understand and agree that said deposit shall be retained by Ryan Pelletier (D.B.A. Salty Kayak Adventures) as partial compensation for failing to return any equipment in good condition, ordinary wear and tear excluded, and/or for reimbursement of equipment damaged, missing or broken. I agree and acknowledge that the deposit may also be applied towards any rental amount due and owing for surpassing any rental time or rental condition or use of the equipment outside of its provided scope.

I agree not to use, nor permit the use: a. of the rental equipment for any unlawful purpose; b. of equipment in a careless or negligent manner; c. of equipment while under the influence of alcohol and/or narcotics; d. of equipment by any other person not the signatory of this agreement or contemplated by this agreement.

I acknowledge my responsibility for the safe and proper operation of all equipment I use or handle and for the safety and welfare of other boaters, myself and/or other persons. I hereby agree and acknowledge that Ryan Pelletier (D.B.A. Salty Kayak Adventures) shall not be held liable for damages, inconvenience or time lost caused by accident, breakdown or malfunction of equipment or for loss of or damage to property or injury to persons (including death) resulting from the use of equipment in any form whatsoever or from participation in any activities provided by, through or with Ryan Pelletier (D.B.A. Salty Kayak Adventures).

I further hereby agree to hold Ryan Pelletier (D.B.A. Salty Kayak Adventures) harmless should loss or damage occur to any of my personal property while carried in, or on, equipment, including loss or damage caused by fire, water, theft or any other cause whatsoever, including the negligence of Ryan Pelletier (D.B.A. Salty Kayak Adventures).

In the event of malfunction, breakdown, or if any defect is discovered after acceptance of the equipment, I will immediately report the same to Ryan Pelletier (D.B.A. Salty Kayak Adventures). Continued use of it shall be entirely at my own risk and I assume all liabilities of injury and damage to all persons and property that may become involved by its continued use.

Ryan Pelletier (D.B.A. Salty Kayak Adventures)’s ability to provide rental equipment, if reserved, is contingent upon and subject to the return of the unit by the previous client. Ryan Pelletier (D.B.A. Salty Kayak Adventures) shall not retain any liability for its inability to provide said reserved equipment.

Ryan Pelletier (D.B.A. Salty Kayak Adventures) reserves the right to cancel any agreement due to inclement or impending bad weather. Fees will be prorated based on the time used.

Rules and regulations contained herein by Ryan Pelletier (D.B.A. Salty Kayak Adventures) are for the safety and welfare of all. I certify that I have read and that I understand said rules and regulations, and that I further assume the responsibility to see that my family and/or guest(s) will obey the rules as well.

All sales are final and shall not be subject to reimbursement or returns.

Photo Release

I give Ryan Pelletier (D.B.A. Salty Kayak Adventures) the absolute right and permission to use my photograph. I understand that these images might be used in print media publications, advertisements, online and in any other format that Ryan Pelletier (D.B.A. Salty Kayak Adventures) chooses. I release the photographer, his offices, employees, agents and designees from liability for any violation of any personal or proprietary right I may have in connection with such use.

THE TERMS AND CONDITIONS ON THIS CONTRACT CONTAINS THE ENTIRE UNDERSTANDING BETWEEN Ryan Pelletier (D.B.A. Salty Kayak Adventures) AND THE UNDERSIGNED AND THAT NO OTHER REPRESENTATION OR INDUCEMENT, ORAL OR WRITTEN, HAS BEEN MADE WHICH IS NOT INCLUDED IN THIS AGREEMENT.

Should any term or condition of this agreement be held void or unenforceable, then that term shall be deemed severed from this Agreement and the enforceability of the remainder shall not be affected and will remain in full force and effect.