Kayak Shak

In consideration of being permitted by Luna Nueva, LLC dba Kayak Shak (the “Kayak Shak”) to participate in its unsupervised activities (the “Activities”) and to use its equipment and facilities, I hereby agree to release, indemnify, defend and hold harmless Kayak Shak, and its agents, owners, members, directors, employees, volunteers, subsidiaries, related entities and its successors and assigns (the “Released Parties”) as follows:

1. I declare and represent that I am at least eighteen (18) years of age and I am in good health, physically fit and capable of engaging in the Activities. I agree to wear a PFD (lifejacket) at all times.
2. I agree and understand that the Activities are considered HAZARDOUS. Further, I recognize that there are risks, including, but not limited to:
   a. Changing and/or unpredictable weather conditions (i.e. wind, inclement weather, lightning, temperature);
   b. Changing and/or unpredictable water conditions (i.e. flow, tides, currents, waves, hidden and underwater obstacles);
   c. Collision with other participants, watercrafts, manmade or natural objects;
   d. Collision, capsizing, overturning, sinking or other hazards that may result in wetness , injury, exposure to the elements, hypothermia and/or drowning;
   e. The presence of insects, bacteria or marine life forms;
   f. Heat or sun related injuries or illnesses, including sunburn, sun stroke or dehydration;
   g. My sense of balance, physical condition, ability to operate equipment, swim and/or follow directions;
   h. Equipment failure or operator error;
   i. Fatigue, chill and/or reaction time and increased risk of accident. I recognize that injuries are a common and ordinary occurrence of the Activities. I hereby agree to freely and expressly ASSUME and ACCEPT ANY AND ALL RISKS OF INJURY OR DEATH and I voluntarily elect to participate in the Activities.
3. I agree that it is solely my responsibility to conduct a reasonable, visual inspection of the kayak, canoe, and/or paddleboard, life jacket and any other equipment I will be using, and in doing so, to familiarize myself with the kayak, canoe, and/or paddleboard, life jacket and any other equipment.
4. I agree and understand that I will be responsible for reasonable replacement costs for any equipment of Luna Nueva LLC dba Kayak Shak that I may lose or damage during my participation in the Activities.
5. By execution of this release I hereby release, indemnify, defend and hold harmless the Released Parties from any and all liability, claims, demands, losses or damages, costs, fees, including reasonable attorneys’ fees, which are in any way connected with my participation in the Activities or my use of any equipment or facilities of the Released Parties.
6. In the event that I file a lawsuit against Luna Nueva LLC dba Kayak Shak, I agree to do so solely in the County of Saratoga, State of New York and I further agree that the laws of the State of New York shall apply in that action without regard to the conflict of law rules that may apply. I agree that in the event any section of this Release is found to be void or unenforceable, the remaining terms shall remain in full force and effect.
7. If the participant is a minor, I agree that this Release of Liability is made on behalf of that minor participant and that all of the releases, waivers and declarations herein are binding on that minor participant. I represent that I have the full authority as a Parent or Legal Guardian of the minor participant to bind the minor participant to this Release.
8. This Release shall be binding upon my distributees, heirs, executors, administrators, personal representative, and assigns.

NOTICE TO MINOR CHILD’S PARENT OR GUARDIAN

You are agreeing to let your child/minor engage in an unsupervised hazardous activity (the “Activities”). You are agreeing that there is a chance your child/minor may be seriously injured or killed by participating in these Activities because there are certain dangers inherent to the Activities which cannot be avoided or eliminated. By signing this form, you are giving up your child’s/minor’s right to recover from Luna Nueva LLC dba Kayak Shak, and its agents, owners, members, directors, employees, volunteers, subsidiaries, related entities and its successors and assigns in a lawsuit for any personal injury, including death, to your child/minor and any property damage that results from the risks that are a part of the Activities. You have a right to refuse to sign this form, and Luna Nueva LLC dba Kayak Shak has the right to refuse to let your child/minor participate if you do not sign this form.