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KAYAK / STAND UP PADDLEBOARD TOUR RELEASE OF LIABILITY, WAIVER OF CLAIMS, EXPRESS ASSUMPTION OF RISK AND INDEMNITY AGREEMENT.

Please read and be certain you understand the implications of signing.

Express Assumption of Risk Associated with Kayak / Paddleboard Tours and Related Activities.

I, do hereby affirm and acknowledge that I have been fully informed of the inherent hazards and risks associated with canoeing/kayaking/SUP activities, transportation of equipment related to the activities, and travelling to and from activity sites in which I am about to engage. Inherent hazards and risks include but are not limited to:

1. Risk of injury from the activity and equipment utilized in canoeing/kayaking/SUP is significant including the potential for permanent disability and death.

2. Kayak / SUP rollovers that may cause cuts, broken bones, drowning and other injuries including death.

3. Exposure to water hydraulics, hidden or obvious obstructions, and/ or debris found in rivers can cause drowning or other harm.

4. Possible equipment failure and/or malfunction of my own or others' equipment.

5. Running into objects, persons or animals including but not limited to fallen skiers, jet-skis, boaters, barely submerged logs and stumps and other hazards that are not visible.

6. Carbon monoxide exposure from other vessels. Do not paddle near motorized watercraft. Steer clear of parked boats as propellers can be sharp.

7. My own negligence and/or the negligence of others, including employees, agents, independent contractors or representatives of -Delmarva Board Sport Adventure including but not limited to operator mistake or error.

8. Hazards related to kayaking / SUP which include but are not limited to: collision, capsizing, sinking, or other hazards that may result in wetness, injury, exposure to elements, hypothermia, impact of the body upon the water, upon rocks, injection of water into my body orifices, marine life forms, and/or drowning.

9. Cold weather and heat related injuries and illness including but not limited to frostnip, frost bite, heat exhaustion, heat stroke, sunburn, hypothermia and dehydration.

10. Exposure to outdoor elements, including but not limited to avalanche, rock fall, inclement weather, thunder and lighting, severe and or varied wind, temperature or weather conditions.

11. Attack by or encounter with insects, reptiles, and/or animals.

12. Accidents or illness occurring in remote places where there are no available medical facilities.

13. Fatigue chill, and/or dizziness, which may diminish my/our reaction time and increase the risk of accident.

14. My sense of balance, physical coordination, and ability to follow instructions.

15.  Owners and employees adhere to best practices to prevent the spread of COVID-19, however it is possible that the contraction of bacteria from bay / river water, or viruses from gear or other nearby people could happen. Do not enter the bay or river water with cuts, scraps or open wounds. Practice safe social distancing if necessary and follow CDC recommendations regarding COVID-19.  While many people have enjoyed watersports in our area waters for years, please be informed that the Rehoboth Bay, Delaware Bay and surrounding waterways could have bacteria or micro-organisms that could be harmful if ingested or enter an open wound or cut.  Review the DNREC website for any notifications of bacteria notices.

*I understand the description of these risks is not complete and that unknown or unanticipated risks may result in injury, illness, or death.

Release of Liability, Waiver of Claims and Indemnity Agreement

In consideration for being permitted to participate in any way in Canoe / Kayak / SUP Tours and related activities, I hereby agree, acknowledge and appreciate that:

1. I HEREBY RELEASE AND HOLD HARMLESS WITH RESPECT TO ANY AND ALL INJURY, DISABILITY, DEATH, or loss or damage to person or property, WHETHER CAUSED BY NEGLIGENCE OR OTHERWISE, the following named persons or entities, herein referred to as releasees. Delmarva Board Sport Adventures, LLC and Moore Blue Water LLC owners, officers, employees, contractors.

2. To release the releasees, their officers, directors, employees, representatives, agents, affliates and vessels from liability and responsibility whatsoever and for any claims or causes of action that I, my estate, heirs, survivors, executors, or assigns may have for personal injury, property damage, or wrongful death arising from the above activities whether caused by active or passive negligence of the releasees or otherwise. By executing this document, I agree to hold the releasees harmless and indemnify them in conjunction with any injury, disability, death, or loss or damage to person or property that may occur as a result of engaging in the above activities.

3. By entering into this Agreement, I am not relying on any oral or written representation or statements made by the releasees, other than what is set forth in this Agreement.

PHOTO RELEASE - I hereby grant to the Delmarva Board Sport Adventures, LLC its representatives, and employees the right to take photographs of me and/or my minor child in connection with my/our use of Delmarva Board Sport Adventure dba Delmarva Stand Up Paddle facilities and equipment. I hereby authorize Delmarva Board Sport Adventures, LLC to copyright, use, and publish the same in print and/or electronically. I hereby agree that Delmarva Board Sport Adventures, LLC may use such photographs of me and/or my minor child for any lawful purpose, including but not limited to publicity, illustration, advertising, and Web content.

This release shall be binding to the fullest extent permitted by law. If any provision of this release is found to be unenforceable, the remaining terms shall be enforceable.

I HAVE READ THIS RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT, AND I FULLY UNDERSTAND ITS TERMS, AND UNDERSTAND THAT I HAVE GIVEN UP LEGAL RIGHTS BY SIGNING IT, AND I SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.

DECLARATION OF FITNESS TO KAYAK / STAND UP PADDLEBOARD

I hereby declare that I am physically fit. I do not, and have not, suffered from any of the following conditions, which I understand may lead to a dangerous situation with regard to other persons or myself during Kayak and Paddleboard activities.  Initial Box

Epilepsy, fits, severe head injury, recurrent blackouts or giddiness, disease of the brain or nervous system, high blood pressure, lung or heart disease, recurrent weakness or dislocation of any limb, diabetes, mental illness, drug or alcohol addiction, recent back injury, arthritis and severe joint sprains, chronic bronchitis, asthma, rheumatic fever, thyroid adrenal or other glandular disorder, recent blood donation or any condition that requires the regular use of drugs. 

I hereby declare that I have no physical or mental condition that should preclude me from participating in my chosen activity, that I am not participating against medical advice or treatment and that I have not been diagnosed by a registered doctor as having a terminal illness. 

I further declare that in the event that I feel ill or unwell, have any physical complaints whatsoever or if an injury is sustained of any kind during the course of Kayak and/or Paddleboard activities, I will notify the Guide of the kayak / paddleboard tour immediately and before disembarking from the vessel.  

I have read the above Declarations, understand them, and I agree to be bound by them. 

TODAY'S DATE: March 19, 2024

(agree)


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First Participant's Name

First Name*

Last Name*

Phone*
First Participant's Date of Birth*
First Participant's Signature*
Parent or Guardian's Email Address

Email*

Confirm Email*
Emergency Contact

First Name*

Last Name*

Emergency Contact's Phone Number*
Associated Party (not necessary for singles)

What is the name of the person who booked your reservation?
FOR PARTICIPANTS OF MINORITY AGE: This is to certify that I, as Parent, Guardian, Temporary Guardian with legal responsibility for this participant, do consent and agree not only to his/her release of all Releasees, but also to release and indemnify the Releasees from any and all liabilities incident to his/her involvement in these programs for myself, my heirs, assigns, and next of kin.


By signing below the Parent or Court-Appointed Legal Guardian agrees that they are also subject to all the terms of this document, as set forth above.
Parent or Guardian's Name

First Name*

Last Name*

Phone*
Parent or Guardian's Date of Birth*
Parent or Guardian's Signature*
Electronic Signature Consent*
By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.


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