Kayak Tours on the Shore, LLC

RENTAL AGREEMENT & INFORMATION


Things to know before you come:
Reservations are necessary.  We hold a drivers license as a security deposit until equipment is returned AND/OR a sizeable cash deposit. Payment for Rentals is Cash only. Renters are responsible for any damaged/lost equipment and must sign a lost equipment agreement and a liability release. We supply all paddles, PFD's, and Kayaks. 
There is a $5 Fee for boats or PFD's returned MUDDY.

We will arrange to meet everyone at the put in site. To make reservations call 985.951.9437


BELOW IS THE RENTAL AGREEMENT FOR YOU TO READ 
(recommended)


Kayak Tours on The Shore LLC
Rental Agreement 

[PART I]

IMPORTANT. READ CAREFULLY. This document affects your legal rights. It must be signed by you, the "Participant", whether you are an adult or minor, if you are renting or otherwise using equipment or participating in activities offered by Kayak Tours on The Shore, LLC (referred to in this document as "Kayak Tours"). It must be signed also by your parent or guardian if you are a minor Participant (under 18 years of age.) The parent or guardian agrees to these terms individually and on behalf of the minor. Only a parent or legally appointed guardian may sign for a minor Participant. References in this agreement to "I" or "we" include all who sign below unless otherwise clearly indicated. No participants under 4 years of age will be permitted on Kayak Tours

PARTICIPANT AGREEMENT

(Including Acknowledgement and Assumption of Risks,
Agreements of Release and Indemnity, and Additional Provisions)

In consideration of the opportunity to rent or otherwise use certain equipment and/or participate in activities offered by Kayak Tours, Participant (adult or minor), and the parent or guardian of a minor Participant, understand, acknowledge and agree as follows:

[PART II] Activities, Hazards and Risks

The services of Kayak Tours may include renting equipment and providing tours (including guided trips) by kayak (referred to, collectively, as watercraft). Activities, scheduled or unscheduled, associated with these services may include, in addition to travel by water, swimming, wading, hiking, climbing on rocks and slopes, camping, portaging (carrying the watercraft between water travel sites) and travel to and from the activities.

The hazards and risks (together referred to as "risks") of the use of the watercraft include the following: entering, exiting and operating the watercraft; water which may be fast, deep, cold and subject to rapid change; objects which may be encountered in and out of the water, and which may not be obvious, including debris, trees, rocks, boulders, dams, bridges, and other hazards; the watercraft may overturn, swamp and sink and occupants may become separated from the craft; feet and other parts of the body may become entrapped in or under rocks and other objects; participants may strike or be struck by objects, other watercraft, and other persons, in and outside of the watercraft. Risks of other activities include those associated with camping, hiking and moving on and over terrain, including the shoreline, the premises of Kayak Tours and others, and elsewhere, which may be unstable, steep and slippery and where rocks, trees, and other objects may fall, and man-made and natural structures may fail; animals, including poisonous reptiles, and poisonous plants may cause harm; swimming in unfamiliar surroundings may cause entrapment, injury from slips and falls and drowning. Other risks include errors in judgement of Kayak Tour’s staff and other participants, including the improper assessment of capabilities and conditions pertaining to the activities; certain activities may be instructional, and designed to extend the skills of participants; equipment may be misused or may fail because of manufacturing defects or otherwise; collisions may occur while traveling by vehicle to and from the activities; the activities are subject to the unpredictable forces of nature, including exposure to the sun, cold, wind, hail, lightning, flash floods and other such phenomena; activities may take place in remote places, significantly delaying emergency medical care and evacuation.

Participant, and the parent or guardian of a minor Participant, acknowledge and understand that the description of activities and risks above is not complete and that all activities, whether or not described, may be dangerous and may include risks which are inherent and cannot be reasonably avoided without changing the nature of the activity. Participation in the activities can cause bites, stings, allergic reactions, overexertion, heat stroke, hypothermia, illness due to contaminated water, burns, cuts, bruises, strains, broken bones, and other injuries and illnesses. Property loss, and serious injury and death, including by falling and drowning, are possible.

Kayak Tours has made no effort to determine, and accepts no responsibility for, medical, physical or other qualifications or the suitability of Participant, or other participants, for the activities. Client, and the parent or guardian of a minor Participant, accepts full responsibility for determining Participant’s medical, physical or other qualifications or suitability for participating in the activities. Kayak Tours is not responsible for the water conditions, routes, camp sites, or other activities of renters of its equipment. Certain activities may be conducted by independent contractors hired by Kayak Tours. These contractors are not trained or supervised by Kayak Tours and Kayak Tours has no control over them and accepts no responsibility for their conduct. Alcohol will, and other substances may, impair judgement and reduce a participant’s ability to effectively manage the risks of water travel, camping and land activities; participants should inspect unfamiliar rapids and other hazards before attempting to pass through or over them; participants should always wear a fastened life jacket (personal floatation device); participants should wear footwear which will provide protection from sharp objects, and which will minimize the risk of foot entrapment. Failure to adhere to these and other safety precautions may result in serious injury or death.

[PART III] Acknowledgement and Assumption of Risks

I, the Participant (adult or minor) and the parent or guardian of a minor Participant, understand the nature of the services of Kayak Tours and other activities which may occur, and their risks. I acknowledge and expressly assume all risks of the activities, whether or not described above, known or unknown, and inherent or otherwise. I take full responsibility for any injury or loss, including death, which I, or a minor child for whom I sign, may suffer, arising in whole or part out of such activities.

 [PART IV] Agreements of Release and Indemnification, and Additional Provisions

If I am an adult participant, or the parent or guardian of a minor Participant, I agree, for myself and on behalf of the minor Participant for whom I am signing, as follows:

I release Kayak Tours, its employees, contractors, volunteers, directors and owners ("Released Parties") from any and all claims of injury or loss which I, or the minor child for whom I sign, may suffer, arising out of or in any way related to my, or the child’s, enrollment in or participation in the activities of Kayak Tours or the use of its equipment. Neither I, the minor child, nor anyone acting on our behalf, will bring suit or otherwise assert any such claims against a Released Party.

I will indemnify (that is, defend and satisfy by payment or reimbursement, including costs and attorneys’ fees) each Released Party from any claim of liability, including one brought by or for a minor child for whom I sign, a co-participant in any of the activities of Kayak Tours, a rescuer, a member of my, or the minor child’s family, or anyone else, asserting a loss arising out of or in any way related to my, or the child’s, enrollment or participation in the activities of Kayak Tours or the use of its equipment.

The agreements of release and indemnification above include claims arising in whole or part from negligent (but not grossly negligent, reckless or intentionally wrong) acts or omissions of Released Parties or any of them, and all other claims, including for personal injury, wrongful death, property damage, products liability (including strict liability), breach of contract or warranty, or otherwise. The agreements are intended to be enforced to the fullest extent allowed by law, and to be binding on me as Participant and on me as parent or guardian of a minor Participant, individually and on behalf of the minor for whom I sign.

[PART V] Additional Provisions

I authorize Kayak Tours to provide or obtain for me, or the minor for whom I sign, such medical care as it considers necessary and appropriate, and I agree to pay all costs associated with such care and related transportation. Any dispute between Kayak Tours and me or the minor child for whom I sign will be governed by the substantive laws of the State of Louisiana (not including laws which might apply the laws of another jurisdiction), and any medication or suit shall take place only in that State in the parish of the rental or tour.  If the dispute cannot be resolved by mutual agreement, I agree to submit it to a mediator recognized by the Courts of that State and Parish. I agree to pay all costs and attorneys’ fees incurred by Kayak Tours in defending a claim or suit brought by me or by or on behalf of the minor for whom I sign, if the claim or suit is withdrawn or to the extent a court or mediator determines that Kayak Tours is not responsible for the claimed injury or loss.

 [PART VI]

This agreement is entered into voluntarily, and after careful consideration. Its terms cannot be amended except in writing. I understand that it is binding, to the fullest extent allowed by law, upon all persons signing below, our respective heirs, executors, administrators, wards, minor children (whether or not they are Clients) and other family members. If any part of this agreement is found by a Court or other appropriate authority to be invalid, the remainder of the agreement nevertheless shall be in full force and effect.
I have read this agreement, understand it and agree to be bound by it.






BELOW IS THE TOUR AGREEMENT FOR YOU TO READ 
(recommended)


Kayak Tours on The Shore LLC
Tour Agreement 

 


PROGRAM PARTICIPANT AGREEMENT-RELEASE AND WAIVER OF LIABILITY – INDEMNITY AGREEMENT AND ASSUMPTION OF THE RISK:  READ CAREFULLY BEFORE SIGNING  In consideration of the services of Kayak Tours on the Shore, LLC their officers, agents, employees, stockholders, and all other persons of entities associated with those businesses I agree as follows:  Although Kayak Tours on the Shore, LLC has taken responsible steps to provide you with appropriate equipment and skilled guides so you can enjoy an activity for which you may not be skilled, we wish to remind you this activity is not without risk. 
Certain risks cannot be eliminated without destroying the unique character of this activity. 
The same elements that
contribute to the unique character of this activity can be causes of loss or damage to you, equipment, accidental injury or illness, or in extreme cases, permanent trauma or death.  We do not want to frighten or reduce your enthusiasm for this activity, but we do think it’s important for you to know in advance what to expect and to be informed of the inherent risks.  RISKS:  In order to participate in this activity, you must acknowledge and agree as follows.  I certify that I am a capable swimmer.  I/we acknowledge that the program for which I/we have registered may involve elements of risk(s) and danger that include, but are not limited to all wildlife such as alligators and snakes, such as natural occurrences as winds, tides, currents, rain, storms, lightning and oyster banks. 
I/we further acknowledge that the program for which I/we have registered may involve
elements of risk(s) and danger created by man, such as boat traffic, boat wakes, sunken or partially submerged objects, automobile or other vehicular traffic.  I/we are further aware my/our participation in this program and related activities is potentially dangerous, physically demanding and hazardous, involves risks of injury, death, or personal property loss or damage.  The risks include, but are not limited to injury or fatality due to immersion underwater, impact with submerged or exposed objects, slipping, and falling, accident or injuries in remote places without medical facilities, sprains, strains, dislocation, or other injures, exposure to temperature extremes or inclement weather, accidents while traveling to and from activity sites and other risks that may not be know.  I am also aware that the weather and sea conditions are unpredictable and are dangerous. I/we are further aware that risk(s) inherent in this type of activity include, but are not limited to capsizing, swamping or sinking of the kayak, canoe, powerboat, sailboat, golf cart or other vessel (herein after collectively referred to as vessel) and resultant hypothermia or drowning, injuries from falling onto , walking on, or crawling on oyster beds and shells, blisters from paddling, sunburn, jellyfish stings, insect bites and stings, including but not limited to ants and bees, slipping and/or falling from docks.  I/we agree this can occur in a remote place where medical attention in not immediately available. I/we in recognition of the inherent risk(s) of this activity which the undersigned or any minor children for I/we am/are responsible, confirms that they are physically and mentally capable of participating in this activity. 
I/we state that I/we are participating willfully and voluntary.  I/we agree to be fully responsible for any personal injury,
accidents, or illnesses (including death) and any expenses resulting there from.  I/we further assume responsibility for damage to or loss of personal property as a result of any accident that may occur.  I/we recognize that Kayak Tours on the Shore, LLC. As a provider of goods and services, will operate under a covenant of good faith and fair dealing, but that Kayak Tours on the Shore, LLC may find it necessary to terminate any activity due to the forces of nature, medical necessities, or other problems, and/or refuse or terminate, the participation of any person Kayak Tours on the Shore, LLC judges to be incapable of meeting the rigors requirements of participating in the activity.  I/we accept Kayak Tours on the Shore, LLC right to take such actions for the safety of myself and/or ASSUMPTION OF THE RISK. 
I acknowledge the dangers in these activities and I voluntarily ASSUME ALL RISKS, BOTH
KNOW AND UNKNOW AND ACCEPT FULL RESPONSIBILITY for injury, death, property damage or other loss WHETHER CAUSED BY THE NEGLIGENCE OF KAYAK TOURS on the Shore,  LLC.  OR OTHERWISE.  I am free from any medical condition that might create undo risk in myself or others who might depend upon me in these activities.  I/we assume the risk(s) of personal injury, accidents and/or illness, including, but not limited to sprains, torn muscles and or ligaments, fractured or broken bones, eye damage, cuts, wounds, scrapes, abrasions and/or contusions, dehydration, oxygen shortage (anoxia),exposure, head injury, neck injury, and/or dizziness that may diminish reaction time and increase the risk of an accident. 
I further acknowledge that if I have been prescribed medication for treatment of a sting allergy that I AM BRINGING
THAT MEDICATION OR TREATMENT KIT WITH ME and am able to successfully and safely ad
minister my own treatment, and that the treatment for allergic reactions requires special certification that is not possessed by Kayak Tours on the Shore, LLC, its guides or employees.  I certify that I am fully capable of participating in this activity.  Therefore, I assume full responsibility for myself, including my minor children, for bodily injury, death, and loss of personal property and expenses thereof as result of these inherent risks and dangers and of my negligence in participating in this activity. MEDICAL AUTHORIZATION:  I/we authorize any medical treatment deemed necessary in the event of any injury while participating in this activity.  I/we either have appropriate insurance or, in its absence, agree to pay any costs of rescue and/or medical services as may be incurred on my/our behalf. 
I/we
agree that any film or photographs of me/us, as participants, become Kayak Tours on the Shore, LLC property and may be used for promotional or commercial purposes without further compensation.  RELEASE:  In Consideration for being permitted to participate in this program, I AGREE TO RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE KAYAK TOURS on the Shore, LLC. And all of their program participants, affiliates, employees, agents, and joint ventures therein referred to as KAYAK TOURS ON THE SHORE, LLC for all CLAIMS OF LIABILITY for injury, death, property damage or other loss, now/or in the future, as a result of my participation in these activities or activities incidental thereto WHETHER CAUSED BY THE NEGLIGENCE OF KAYAK TOURS ON THE SHORE, LLC OR OTHERWISE.  Further, in consideration of services of property provided, I/we for myself and any minor children for which I/we am/are a parent, legal guardian or otherwise responsible, any heirs, personal representatives or assigns, do herby release KAYAK TOURS ON THE SHORE, LLC its principle, directors, officers, agents, employees and volunteers and each and every landowner, municipal and/or governmental agency upon whose property an activity is conducted from any and all liability and waive any claim for damage arising from any cause what so ever.  INDEMNIFICATION:  I/we further agree TO INDEMNIFY AND HOLD HARMLESS KAYAK TOURS ON THE SHORE, LLC from all claims of liability for any injury, death, property damage or other loss WHETHER CAUSE BY THE NEGLIGENCE OF KAYAK TOURS ON THE SHORE, LLC OR OTHERWISE.  I/we agree to indemnify KAYAK TOURS ON THE SHORE, LLC for any and all costs and expenses the I/we  and/or a minor under my/our control and care may cause to accrue for damage to the property of Kayak Tours on the Shore, LLC, the property of others, or bodily injuries to a person or persons.  IT IS THE INTENTION OF THIS AGREEMENT TO EXEMPT AND RELIEVE KAYAK TOURS ON THE SHORE, LLC FROM LIABILITY AND BAR ANY RIGHT TO SUE KAYAK TOURS ON THE SHORE, LLC FOR PERSONAL INJURY, PROPERTY DAMAGE AND WRONGFUL DEATH CAUSED BY NEGLIGENCE OR OTHERWISE.  I have read, understood, and accepted the terms and CONDITIONS CONTAINED HEREIN AND SET FORTH IN THE AGREEMENT, AND ACKNOWLEDGE THAT THIS AGREEMENT SHALL BE EFFECTIVE AND BINDING UPON MYSELF, MY HEIRS, ASSIGNS, PERSONAL REPRESENTATIV E, ESTATES, AND FOR ALL MEMBERS OF MY FAMILY INCLUDING ANY MINORS ACCOMPANYING me, I knowledge, I am not relying on any oral, written or visual representations or statements made by KAYAK TOURS ON THE SHORE LLC, including those made in its brochures or other promotional material, to induce me to participate in the activity. 

I have carefully read the agreement and fully understand its contents.  I AM AWARE THAT THIS IS A RELEASE AND WAIVER OF 

LIABILITY TO KAYAK TOURS ON THE SHORE, LLC AND THAT BY SIGNING THIS AGREEMENT I AM GIVING UP IMPORTANT LEGAL RIGHTS.  I understand and freely sign this agreement and agree that no oral representations, statements, or inducements have been made apart from the foregoing agreement.  This AGREEMENT shall bind my heirs, executors, assigns, legal representatives and family members.

I have read this agreement, understand it and agree to be bound by it.