RELEASE OF LIABILITY
PLEASE READ CAREFULLY AS THIS WILL AFFECT YOUR LEGAL RIGHTS
In exchange for participation in the activity of kayaking, camping, hiking, or any other activity organized by Go Kayaking Tours, Inc. (herein GKT), with the principle business offices at the above address, and/or the use of any and all property, facilities or services of GKT, I _____________________________, agree for myself and if applicable for any and all the members of my family, to the following:
1. AGREEMENT TO FOLLOW DIRECTIONS. I agree to observe and obey all posted and verbal rules, warnings, and directions given by GKT, its employees, representatives, or agents at all times during the prescribed activity including those times both before and after the scheduled event or activity.
2. ASSUMPTION OF RISKS AND RELEASE. I recognize that there are certain risks, both inherent and residual associated with the activities that I have contracted with GKT to engage in. I assume full responsibility for personal injury to myself and if applicable to my family members, and further release and discharge GKT for any injury, loss or damage arising out of my or my family’s use of or presence upon the facilities of GKT or at any location upon which GKT operates its tours, trips, or activities., whether caused by the fault of myself, family member, GKT, or any other third parties. I also assert and attest that I am in reasonable physical condition to participate in this activity and have disclosed any medical condition which may become an issue during this activity. I also certify that I have the ability to swim and maintain a reasonable level of buoyance using the PFD’s supplied by GKT.
3. INDEMNIFICATION. I agree to indemnify and defend GKT against all claims, causes of action, judgements, costs or expenses, including, but not limited to attorney’s fees and other cost of litigation, meditation, arbitration, which may arise from my or my family’s use of or presence upon the facilities of GKT, or at any location upon which GKT operates its tours, trips, or activities.
4. FEES.I agree to pay for all damages to the facilities, property, or other assets of GKT, or any locations, or property upon which GKT conducts its activities, caused by negligent, reckless, or willful actions by me or my family.
5. APPLICABLE LAW. Any legal or equitable claim that may arise from my, or my family’s, participation in the above shall be resolved under Florida law.
6. NO DURESS. I agree and acknowledge that I am under no pressure or duress to sign this Agreement and Release of Liability and that I have been given a reasonable opportunity to review it before signing. I further agree and acknowledge that I am free to have my own legal counsel review this Agreement and Release of Liability if I so desire at my own expense. I further agree and acknowledge that GKT has offered to refund any fees I have paid to use its facilities, services, and property if I choose not to sign this Agreement and Release of Liability subject to GKT’s normal and publicly displayed cancelation policy.
7. ARM’S LENGTH AGREEMENT. This Agreement and Release of Liability and each of its terms are the product of an arm’s length transaction between the Parties. In the event any ambiguity is found to exist in the interpretation of this Agreement and release of Liability, or any of its provisions, the each of the Parties agree to explicitly reject the application of any legal or equitable rule of interpretation which would lead to a construction either “for” or “against” a particular party based upon their status as the drafter of a specific term, language, or provision giving rise to such ambiguity.
8. ENFORCEABILITY. The invalidation or unenforceability of any provision of this Agreement and Release of Liability, whether standing alone or as applied to a particular occurrence or circumstance, shall not May 15, 2018 Page 2 affect the validity or enforceability or any other provision of this Agreement and Release of Liability, or any other applications of such provision, as the case may be, and such invalid or unenforceable provision shall be deemed not part of this Agreement and Release of Liability.
9. DISPUTE RESOLUTION. The parties will attempt to resolve any and all disputes arising out of or relating to this Agreement and Release of Liability through friendly negotiations among themselves. If the matter cannot be resolved to any party’s satisfaction, then the Parties agree to resolve the dispute and be bound by the Alternative Dispute Resolution method described herein. Any dispute or controversy arising out of this Agreement and Release of Liability will be submitted to mediation in accordance with any statutory rules of mediation. If mediation is not successful in resolving the entire issue or dispute, or is unavailable, any outstanding issues will be submitted to final and binding arbitration under the rules of the American Arbitration Association. The arbitrator’s award will be final, and judgement may be entered upon it by any court having proper jurisdiction.
10. EMERGENCY CONTACT INFORMATION. In the event of any emergency please call (name)________________________________(relationship)___________________________ at (phone number) _____________________________or _________________________________. I
HAVE READ THIS DOCUMENT AND UNDERSTAND IT. I FURTHER UNDERSTAND THAT BY SIGNING THIS RELEASSE, I VOLUNTARILY S
What personal information do we collect from you?
When booking a kayaking trip from Earth and Water Adventures: Orlando & Central Florida Kayaking Tours or registering on our website, as appropriate, you may be asked to enter your name, email address, mailing address, phone number, credit card information or other details to help you with your experience.
When do we collect information?
We collect information from you when you reserve a kayaking trip from Earth and Water Adventures: Orlando & Central Florida Kayaking Tours or enter information on our website.
How do we use your information?
Financial information that we collect is used to bill you for products that you request. Contact information from the order form is used to send orders and information about EarthandWaterAdventures.com to you. You may opt out of receiving future mailings; see the “How to remove your name from our mailing, sharing or email list” below.
If you register for email or if you provide your email address to us, we will send you emails. These emails will inform you of our launch of new products, of special sales, of promotional offers from our partners, and other information related to your use of the our website.
We use your shipping address to ship your Earth and Water Adventures: Orlando & Central Florida Kayaking Tours order and related products to you. We use your billing address, if different from your shipping address, to verify your billing information. We never share our customer names or addresses, email addresses or other personally identifiable information, other than to the extent described in the “How do we disclose your personal information” section below.
How do we disclose your personal information?
EarthandWaterAdventures.com will not disclose personal information about you to other companies, persons or agencies, except for the purposes described below.
We employ other companies and individuals to perform certain services and functions on our behalf. Examples include operating and maintaining our website, taking orders, delivering packages, sending postal mail and email, analyzing data, providing marketing consultation and assistance, distributing customer surveys, processing credit card payments, and providing customer service. These companies have access to personal information needed to perform their services or functions, but may not use it for other purposes. While Earth and Water Adventures: Orlando & Central Florida Kayaking Tours may undertake efforts to see that any third party to whom Earth and Water Adventures: Orlando & Central Florida Kayaking Tours discloses personal information is under an obligation to use the personal information solely for the purposes for which the information was disclosed, such third parties are independent third parties over which Earth and Water Adventures: Orlando & Central Florida Kayaking Tours exercises no control. Earth and Water Adventures: Orlando & Central Florida Kayaking Tours is not responsible for, and will not be liable for, the conduct, actions, omissions, or information handling or dissemination practices of third parties.
Occasionally, at our discretion, we may include or offer third-party products or services on our website. These third-party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.
We may release personally identifiable information when we believe it is appropriate to comply with applicable law, regulation, legal process, or governmental request; to enforce or apply the terms and conditions of any transaction and other agreements; or to protect the rights, property, or safety of Earth and Water Adventures: Orlando & Central Florida Kayaking Tours , our customers, our employees or others.
We may share your name and email address with other reputable companies so they may send you information about products of potential interest. We do not share credit card information with these companies. If you prefer that we not share your name and email address with other companies, please see “How to remove your name from our mailing, sharing or email list” section below.
Other than as set out above, you will receive notice when information about you might go to third parties, and you will have the opportunity to choose not to share information.
How to remove your name from the EarthandWaterAdventures.com mailing, sharing or email list
You also may use the following options for removing your information from our database so as not to receive future communications, or to no longer receive our service, or to not share your name and address with other companies.
In commercial emails that we send you, you may use the “opt out” or “unsubscribe” option included in the email itself.
How to correct your information in the EarthandWaterAdventures.com
You have the following options for changing and modifying information previously provided:
How do we use any non-personal information?
We may automatically collect non-personally identifiable information about your hardware devices (i.e., your computer or mobile device) when you access the EarthandWaterAdventures.com website. For example, when you visit EarthandWaterAdventures.com, we may collect your Internet Protocol (“IP”) address, which is the number automatically assigned to your computer or mobile device whenever you access the Internet, as well as information about the type of Web browser software you use and the referring Web site. This number does not identify your name, email address, or other personal information. We use your IP address to help diagnose problems with our service and to administer the website. We may also collect information about your activity on our website, such as the time and duration of your visit, the sections of the website that you visit, the search terms you use, and the products you add to your shopping cart.
You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser (like Internet Explorer) settings. Each browser is a little different, so look at your browser’s Help menu to learn the correct way to modify your cookies.
If you disable cookies, some other features might be disabled, but your site experience won’t be affected. Although some of our services may not function properly, you can still place orders.
How do we protect your information?
Our server is scanned on a regular basis for security holes and known vulnerabilities in order to make your visit to our site as safe as possible.
We implement a variety of security measures to maintain the safety of your personal information when you place an order, or when you enter, submit, or access your information. Your personal information is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems, and who are required to keep the information confidential.
We do not sell merchandise for purchase by children via the EarthandWaterAdventures.com website. If you are under 18, you may use the EarthandWaterAdventures.com website only with the involvement of a parent or guardian. Should a child whom we know to be under 13 send personal information to us, we will use that information only to respond directly to that child to inform him or her that we must have parental consent before receiving his or her personal information.
Right to Change Privacy Statement.
Effective Date: June 15, 2018