Terms and Conditions
General Provisions and Participant Identity – IMPORTANT. READ CAREFULLY. This document affects your legal rights. You, the “Participant”, must sign it whether you are an adult or minor, if you are renting or otherwise using equipment or participating in activities offered by CASUAL KAYAKERS (referred to in this document as “provider”). Your parent or legal guardian must sign it also 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.
Activities, Hazards and Risks – The services of CASUAL KAYAKERS, may include loaning or renting equipment and providing trips (including guided trips) by kayak or SUP (referred to, collectively, as watercraft). Activities, scheduled and unscheduled, voluntarily and involuntary associated with these services may include, in addition to travel by water, swimming (referred to as anytime Participant is in the water), wading, hiking, climbing on rocks and slopes, bivouac, 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, 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 Provider 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 or insects, 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 judgment of Provider 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 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, heat, wind, hail, lighting, 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 the 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 illness. Property loss (by whatever means in, near, or out of the water), and serious injury and death, including by falling and drowning, are possible.
Casual Kayakers has made and will make 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. Participant, 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. Provider is not responsible for the water conditions, routes, or other activities of users or renters of its equipment. 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 water, including rapids, and other hazards before attempting to pass through or over them, participants should always ware a fastened life jacket (personal floatation device, PFD) and helmet (when appropriate); 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 and guide instructions may result in serious injury or death
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 Provider and other activities which 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 the minor child for whom I sign, may suffer, arising in whole or part out of such activities.
Agreement 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:
Submitting this form releases CASUAL KAYAKERS, its employees, 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 Provider 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.
Submitting this form will indemnify (that is, defend and satisfy by payment or reimbursement including costs and attorney’s fees) each Released Party from any claim of liability, including one brought by or for a minor child whom I sign, a co-participant in any of the activities of Provider, a rescuer, a member of my, or the minor child’s family or anyone else asserting a loss arising out of or on any way related to my, or the child’s enrollment in or participation in the activities of Provider or the use of its equipment.
The agreements of release and indemnification above include claims arising whole or in 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 whom I sign.
Additional Provisions – The Casual Kayakers guide will judge a participant’s ability to participant in the planned activity during the pre-trip training and orientation. The Casual Kayakers guide’s decision is for the safety of the individual participant and of the other participants and is final.
All participants are expected to wear requisite safety equipment (PDF at a minimum) while in the watercraft and other safety gear based on the activity and/or the specific phase of the activity.
Smoking, Vaping, Drug (aside from prescribed medications) and Alcohol use before, during an on-water activity or event, or during post event recovery and clean up is not permitted. NO SMOKING on any of our trips, this includes vape devices. Casual Kayakers does not allow persons under the influence of alcohol, illegal drugs, prescription medications that impair the cognitive or physical abilities to participate in on-water activities. Please contact Casual Kayakers via email to discuss any medical concerns or medication of potential concern prior to the event. The Casual Kayakers guide will make that determination prior to departure. Further, participants are not allowed to consume any alcohol, illegal drugs, or smoke/vape immediately before, during an on-water activity or event, or during post event recovery and clean up. The Casual Kayakers guide will disqualify any participant under the influence of alcohol or drugs or is visibly impaired from participation and ask them to leave the event immediately.
Submitting this form authorizes Provider to provide or obtain for me, or the minor child 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 Provider and me or the minor child for whom I sign will be governed by the substantive laws of the State of Virginia (not including the laws which may apply the laws of another jurisdiction), and any mediation or suit shall take place only in that State, in the County of Suffolk. 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 County. I agree to pay all costs and attorney’s fees incurred by Provider in defending a claim or suit brought by me or on behalf of the minor for whom I sign, if the claim or suit is withdrawn or the extent a court or mediator determines that Provider is not responsible for claimed injury or loss.
CASUAL KAYAKERS reserves the right to use any photograph/video taken at any Provider sponsored event, without the expressed written permission of those included within the photograph/video. Provider may use the photograph/video in publications or other media material produced, used, or contracted by Provider. A person attending a Provider event who does not wish to have their image recorded for distribution should make their wishes known to the photographer and the event organizers in writing of their intentions and include a photograph. Provider will use the photo for identification purposes and will hold it in confidence. To ensure the privacy of individuals and children, images will not use full names or personal identifying information without written approval from the photographed subject, parent, or legal guardian. Any person or organization not affiliated with Casual Kayakers may not use, copy, alter, or modify Provider photographs, graphics, videography, or other similar reproductions and recordings without the advance written permission of an authorized Casual Kayakers designee.
Unruly or disruptive guests will be taken back to put-in location and asked to leave with NO REFUND! The safety of our guests is most important.
Agreement – This agreement is entered into voluntarily, and after due 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 (weather 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.
The submitter of this form, and the minor child for whom I sign for, read and understand the English language. I, or the minor child for whom I sign, shall be responsible for the return of all equipment supplied by the Provider in the same condition that existed at the time of taking possession of said equipment and that no intoxicating liquor, illegal drugs, or incapacitating medications shall be taken or consumed during said trip.
