Yes, I Agree  I. DISCLAIMER – This Waiver and Release Agreement is applicable to all renters, operators, passengers, and users of equipment provided by KAYAK ECO TOURS LLC and NAV-A-GATOR. *(For purposes of this Waiver and Release, the term “Rental Company” includes all principles, directors, officers, employees agents, representatives, servants assigns, successors, insurers, and subsidiaries of KAYAK ECO TOURS LLC and NAV-A-GATOR). If any other rental agreement is supplemented with this Release, the provisions of this Release will prevail over any clauses in the rental agreements that are inconsistent with this Release. The undersigned agrees that he/she is also signing this Release on behalf of undersigned;s minor children. Renter agrees that he/she will disclose to KAYAK ECO TOURS LLC and NAV-A-GATOR all potential operators, passengers, and users of said rental agreement. Renter further agrees that in the event that he/she fails to notify KAYAK ECO TOURS LLCand NAV-A-GATOR of all potential operators, passengers, and users of said equipment, he/she will personally be liable for any damages to the undisclosed individuals, even if such damages arise out of the negligence or fault of KAYAK ECO TOURS LLC and NAV-A-GATOR. * 

Yes, I Agree  II. ACKNOWLEDGMENT OF RISKS – The undersigned hereby acknowledges that some, but not all of the risks of participating in watersport activities include: 1) Charging water flow, tides, currents wave action and ship’s wakes; 2) collisions with any other of the following: other participants, the watercraft, other watercraft, and manmade or natural objects; 3) Collision, capsizing, sinking or other hazard which results in wetness, injury, exposure to the elements, hypothermia, drowning and or death; 4) attack by or encounter with insects and marine life forms, including, but not limited to sharks and/or sting rays; 5) Equipment failure or operator error; 6) My sense of balance, physical coordination, ability to operate equipment, swim and or follow directions; 7) Wind, inclement weather, lighting variances and extremes of wind, weather, and temperature; 8) Heat or sun related injuries or illnesses, including sunburn, sunstroke, or dehydration. Further, the undersigned understands that the description of the risks is not complete and that unknown or anticipated risks may result in injury, illness or death. * 

Yes, I Agree  III. EXPRESS ASSUMPTION OF RISK – The undersigned hereby agrees that he/she is renting, operating or using the equipment provided by KAYAK ECO TOURS LLC and NAV-A-GATOR at his/her own risk. The undersigned agrees that he/she is voluntarily participating in all activities related to the rental, operation, or use of equipment provided by KAYAK ECO TOURS LLC and NAV-A-GATOR. The undersigned assumes full responsibility for the risks of personal injury, accidents, or illness, including but not limited to sprains, torn muscles and/or ligaments; fractured or broken bones; eye damage; custs, wounds, scrapes, abrasions, and/or contusions; head, neck and/or spinal injuries; animal or insect bite or attack; shock, paralysis, drowning, and/or death; and any resulting expenses from any of the foregoing risks and assumes all risk of injury, illness, damage or loss that might result, regardless of the cause, even if the risks arise out of the negligence or fault of KAYAK ECO TOURS LLC and NAV-A-GATOR. *  

Yes, I Agree  IV. WAIVER/RELEASE OF LIABILITY – By the execution of this Release, the undersigned voluntarily releases, forever discharges and agrees to indemnify and hold harmless KAYAK ECO TOURS LLC and NAV-A-GATOR from any and all liability of any nature for any and all injury or damage arising from personal injuries susained by the undersigned or any minor children under the undersigned’s custody, care, and control, as a result of any and all activities related to the rental, operation, or use of equipment provided by KAYAK ECO TOURS LLC and NAV-A-GATOR regardless of the cause. The undersigned assumes full responsibility for any such injuries or damages which may occur, and further agrees that KAYAK ECO TOURS LLC and NAV-A-GATOR shall not be liable for any loss or theft of personal property. The undersigned specifically agrees that KAYAK ECO TOURS LLC and NAV-A-GATOR shall not be responsible for such injuries, damages, loss or theft, EVEN IN THE EVENT OF NEGLIGENCE OR FAULT BY KAYAK ECO TOURS LLC and NAV-A-GATOR, whether such negligence is present at the signing of this Release or takes place in the future. This Waiver and Release does not apply to gross negligence or international torts by KAYAK ECO TOURS LLC and NAV-A-GATOR. *  

Yes, I Agree  V. LIABILITY TO THIRD PARTIES – The undersigned hereby agrees that he/she will indemnify and hold harmless KAYAK ECO TOURS LLC and NAV-A-GATOR for all personal injuries, property damages, or any other damages to any and all third parties, including, but not limited to, operators and passengers of other watercraft or minor children under the undersigned’s custody, care, and control, as a result of any and all activities related to the rental, operation, and use of equipment provided by KAYAK ECO TOURS LLC and NAV-A-GATOR, even if such damages arise out of the negligence or fault of KAYAK ECO TOURS LLC and NAV-A-GATOR. *  

Yes, I Agree  VI. ACKNOWLEDGEMENT OF WAIVER AND RELEASE – The undersigned states that he/she has had sufficient time to review the Waiver and Release and to ask any questions associated with said Release. The undersigned further states that he/she has carefully read the foregoing Waiver and Release, knows the contents thereof, and has signed this release as his/her own free act. The undersigned warrants that he/she may rent, operate, or use equipment from another rental facility, but has chosen to rent, operate, or use equipment from KAYAK ECO TOURS LLC and NAV-A-GATOR with the knowledge that signing this Release is a requirement for rental, operation and use of said equipment. The undersigned further warrants that he/she is fully aware that he/she is waiving any right he/she may have to bring a legal action to assert a claim against KAYAK ECO TOURS LLC and NAV-A-GATOR for KAYAK ECO TOURS LLC and NAV-A-GATOR’s negligence. *  

Yes, I Agree   I HAVE READ AND AGREE WITH THE WAIVER AND RELEASE OF LIABILITY AGREEMENT *