Terms and Conditions

PARTICIPATION AGREEMENT, RELEASE, AND ACKNOWLEDGEMENT OF RISK

In consideration of the services of Parguera Glassbottom Kayaking, their agents, owners, officers, volunteers, participants, employees, and all other persons or entities acting in any capacity on their behalf, I hereby agree to release, indemnify and discharge Parguera Glassbottom Kayaking, on behalf of myself, my children, my parents, my heirs, assigns, personal representative and estate as follows:

I acknowledge that sea kayaking entails known and unanticipated risks that could result in physical or emotional injury, paralysis, death, or damage to myself, to property, or to third parties. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity. The risks include, among other things: boat capsize; tidal conditions and currents; travel in remote areas; collision with objects or other watercraft; prolonged exposure to cold water, hypothermia, accidental drowning; mental anguish or trauma, illness in remote areas; adverse weather conditions, exposure to sun, strong wind, cold storms, large waves, eddies and whirlpools, and lightning; aggressive and/or poisonous marine life; wrist, arm, shoulder, and/or back injuries; slips and falls while hiking; and rapidly changing weather and water conditions. Furthermore, Parguera Glassbottom Kayaking guides have difficult jobs to perform. They seek safety, but they are not infallible. They might be unaware of a participant’s fitness or abilities. They might misjudge the weather, the elements, or the terrain. They may give inadequate warnings or instructions, and the equipment being used might malfunction.
I expressly agree and promise to accept and assume all of the risks existing in this activity. My participation in this activity is purely voluntary, and I elect to participate in spite of the risks.
I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless Parguera Glassbottom Kayaking from any and all claims, demands, or causes of action, which are in any way connected with my participation in this activity or my use of Parguera Glassbottom Kayaking’s equipment or facilities, including any such claims which allege negligent acts or omissions of Parguera Glassbottom Kayaking.
Should Parguera Glassbottom Kayaking or anyone acting on their behalf, be required to incur attorney’s fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs.
Certifico que tengo un seguro adecuado para cubrir cualquier lesión o daño que pueda causar o sufrir mientras participo, o de lo contrario acepto correr con los costos de dicha lesión o daño yo mismo. Certifico además que estoy dispuesto a asumir el riesgo de cualquier condición médica o física que pueda tener.
In the event that I file a lawsuit against Parguera Glassbottom Kayaking, I agree to do so solely in Puerto Rico, and I further agree that the substantive law of that territory shall apply in that action without regard to the conflict of law rules of that territory. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect.

AUTHORIZATION

I hereby authorize any medical treatment deemed necessary in the event of any injury while participating in the activity. I either have appropriate insurance or, in its absence, agree to pay all costs of rescue and/or medical services as may be incurred on my/our behalf. I agree that any film or photographs of me/us, as participants, become the property of Parguera Glassbottom Kayaking and may be used for promotional or commercial purposes.

The parites acknowledge and agree that this PARTICIPATION AGREEMENT, RELEASE, AND ACKNOWLEDGEMENT OF RISK form may be executed by electronic signature, which shall be considered as an original signature for all purposes and shall have the same force and effect as an original signature. Without limitation, “electronic signature” shall include submitted versions of an original signature or electronically scanned and transmitted versions (e.g., via PDF) of an original signature.

By signing this document, I acknowledge that if anyone is hurt or property is damaged during my participation in this activity, I may be found by a court of law to have waived my right to maintain a lawsuit against Parguera Glassbottom Kayaking on the basis of any claim from which I have released them herein. I have had sufficient opportunity to read this entire document. I have read and understood it, and I agree to be bound by its terms. I understand also that the kayak(s), canoe(s), paddleboard(s), paddle(s), PFD(s), leash(es), roof kit, straps, and any other gear related to the rental (hereinafter collectively referred to as “Equipment”) has been rented to me and I am solely and fully responsible for any use of the Equipment by any other persons. I also agree to pay full purchase price for any and all damages or loss to the Equipment that I have rented.

I agree to pay a minimum $100 rescue fee in the event that I and/or the Equipment must be recovered.

PARENT'S OR GUARDIANS ADDITIONAL INDEMNIFICATION

In consideration of Minor named below (“Minor”) being permitted by Parguera Glassbottom Kayaking to participate in its activities and to use its equipment and facilities, I further agree to indemnify and hold harmless Parguera Glassbottom Kayaking from any and all Claims which are brought by, or on behalf of Minor, and which are in any way connected with such use or participation by Minor.