Liability Waiver and Release of Liability

Acknowledgment of Risk

Kayaking and other water related activities involve inherent risks that may result in serious injury, death, or damage to personal property. These risks include but are not limited to:

• Drowning
• Slipping or falling while launching or exiting a kayak
• Collisions with watercraft, docks, rocks, or other obstacles
• Changing water or weather conditions
• Equipment failure
• Exposure to cold water or heat related illness
• Hazards associated with rivers, lakes, and other waterways

By renting equipment from Chattanooga Kayak Company, you acknowledge that you understand and accept these risks.

Assumption of Risk

You voluntarily choose to participate in kayaking activities and assume full responsibility for any risks, injuries, or damages that may occur as a result of your participation.

You understand that Chattanooga Kayak Company does not control water conditions, weather conditions, or the behavior of other individuals using the waterways.

Equipment Responsibility

You agree to use the rental equipment in a safe and responsible manner and accept full responsibility for the kayak and all equipment provided during the rental period.

You agree to return all equipment in the same condition it was received, normal wear and tear excepted. You understand that you may be financially responsible for damage, loss, or theft of rental equipment.

Safety Requirements

You agree to follow all safety instructions provided by Chattanooga Kayak Company.

Life jackets are provided and must be worn while on the water.

You agree not to operate rental equipment while under the influence of alcohol, drugs, or any substance that may impair judgment.

Age Requirements

Participants must be 18 years of age or older to accept this waiver and rent equipment.

Participants under the age of 18 must have a parent or legal guardian accept this waiver on their behalf and must be accompanied by a responsible adult during the rental period.

The parent or legal guardian accepts full responsibility for the minor’s participation and safety.

Approved Launch Locations

Rental equipment must only be launched from approved locations provided by Chattanooga Kayak Company. These locations are selected to comply with local regulations and safety considerations.

Weather and Environmental Conditions

Water and weather conditions can change rapidly. Chattanooga Kayak Company reserves the right to delay or cancel rentals if conditions are considered unsafe.

Participants assume responsibility for monitoring conditions while on the water.

Release of Liability

In consideration for being allowed to rent and use equipment from Chattanooga Kayak Company, you hereby release, waive, and discharge Chattanooga Kayak Company, its owners, employees, and affiliates from any and all liability for injury, death, loss, or damage that may occur during the use of rental equipment.

This release applies to claims arising from negligence or any other cause.

Indemnification

You agree to indemnify and hold harmless Chattanooga Kayak Company from any claims, damages, or legal actions arising from your use of rental equipment.

Personal Responsibility

You certify that you are physically capable of participating in kayaking activities and understand the nature of the activity.

Chattanooga Kayak Company is not responsible for personal belongings that are lost, damaged, or stolen during the rental period.

Governing Law and Jurisdiction

This agreement shall be governed by and interpreted in accordance with the laws of the State of Tennessee.

Any legal claims or disputes arising from the use of rental equipment or participation in activities provided by Chattanooga Kayak Company shall be resolved exclusively in the courts located within the State of Tennessee.

Electronic Acceptance of Waiver

By completing a reservation or booking through the Chattanooga Kayak Company website or booking system, you acknowledge that you have read, understood, and agree to this Liability Waiver and Release of Liability.

Electronic acceptance of this waiver during the checkout process shall have the same legal effect as a physical signature.

Severability

If any portion of this agreement is determined to be invalid or unenforceable by a court of law, the remaining portions of this agreement shall remain in full force and effect.

Entire Agreement

This agreement represents the entire understanding between the participant and Chattanooga Kayak Company regarding participation in rental activities and the use of rental equipment.

No other representations, statements, or promises outside of this agreement shall be considered legally binding.