R28, 2023-08-21

NOTE: Cumberland Kayak does not accept paper waivers, please submit electronically.

Cumberland Kayak & Adventure Company
WAIVER AND RELEASE OF LIABILITY

RENTAL CONTRACT: Lessee agrees to return all equipment to Cumberland Kayak Urban Adventure Company, LLC (dba Cumberland Kayak & Adventure Company) in the same condition as received except for normal wear and tear incurred through normal use, or must pay for damage, losses, theft or the repair necessary to restore them to the same condition as when rented. Lessee agrees to the kayak rental time limit set forth by Cumberland Kayak & Adventure Company. Lessee acknowledges and agrees that any time greater than the time limit permitted will be paid to lessor immediately at a rate of $50.00 per hour ($50 minimum).

Cumberland Kayak Fees for Damage, Loss, or Theft of Equipment

  • Kayak: $600 
  • Life Jackets: $75
  • Paddles: $75

READ CAREFULLY – WAIVER AND RELEASE OF LIABILITY
In consideration of being allowed to participate in any way in the program, related events and activities, I the undersigned acknowledge, appreciate and agree that:

  1. Risks and dangers exist in my use of kayaking equipment and my participation in outdoor recreational activities including transportation.
  2. The risk of injury from the activities involved in this program is significant, including the potential for permanent paralysis or death.
  3. I knowingly and freely assume all such risks, both known and unknown, even if arising from the negligence of Cumberland Kayak & Adventure Company or others, and assume full responsibility for my participation.
  4. I willingly agree to comply with the terms and conditions for participation, including all company and governmental guidelines in place during the COVID-19 pandemic. If I observe any unusually significant hazard during my participation and in my presence, I will safely remove myself from participation and bring attention of the hazard to the nearest official immediately.
  5. I, for myself and on behalf of my heirs, personal representatives and next of kin hereby release, indemnify and hold harmless Cumberland Kayak & Adventure Company, its officers, officials, agents, employees, other participants, sponsors, advertisers and if applicable, owners and lessors of premises used to conduct the event from any and all claims, demands, losses and liability arising out of or related to any injury, disability, illness, or loss of life, or loss or damage of personal property, whether arising from the negligence of Cumberland Kayak & Adventure Company or otherwise, to the fullest extent permitted by law.

I HAVE READ THE ABOVE WAIVER AND RELEASE AND BY SIGNING IT AGREE TO EXEMPT AND RELIEVE LESSOR, ITS OWNERS, OFFICERS, AGENTS AND SERVANTS, FROM LIABILITY FOR PERSONAL INJURY, ILLNESS, PROPERTY DAMAGE, OR LOSS OF LIFE. I AGREE TO WEAR MY LIFE VEST AT ALL TIMES WHILE ON THE RIVER OR SWIMMING. I WILL NOT START MY TRIP UNTIL I HAVE HEARD AND UNDERSTAND THE RIVER ORIENTATION. I UNDERSTAND THAT PHOTOS TAKEN DURING PARTICIPATION IN CUMBERLAND KAYAK ACTIVITIES MAY BE USED IN PROMOTIONAL MATERIALS.

Please select who will be participating:

First Minor's Information

For Parents or Guardians of Participant of Minor Age (under age 18 at time of registration)
This is to certify that I, as parent or guardian with legal responsibility for this participant, do consent and agree to this release as provided above, and for myself, my heirs and next of kin, I release and agree to indemnify and hold harmless Cumberland Kayak & Adventure Company from any and all liability incidents related to my minor child’s involvement or participation as provided above, even if arising from the negligence of Cumberland Kayak & Adventure Company, as permitted by law.

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Minor's Signature

Second Minor's Information

For Parents or Guardians of Participant of Minor Age (under age 18 at time of registration)
This is to certify that I, as parent or guardian with legal responsibility for this participant, do consent and agree to this release as provided above, and for myself, my heirs and next of kin, I release and agree to indemnify and hold harmless Cumberland Kayak & Adventure Company from any and all liability incidents related to my minor child’s involvement or participation as provided above, even if arising from the negligence of Cumberland Kayak & Adventure Company, as permitted by law.

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Minor's Signature

Third Minor's Information

For Parents or Guardians of Participant of Minor Age (under age 18 at time of registration)
This is to certify that I, as parent or guardian with legal responsibility for this participant, do consent and agree to this release as provided above, and for myself, my heirs and next of kin, I release and agree to indemnify and hold harmless Cumberland Kayak & Adventure Company from any and all liability incidents related to my minor child’s involvement or participation as provided above, even if arising from the negligence of Cumberland Kayak & Adventure Company, as permitted by law.

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Minor's Signature

Fourth Minor's Information

For Parents or Guardians of Participant of Minor Age (under age 18 at time of registration)
This is to certify that I, as parent or guardian with legal responsibility for this participant, do consent and agree to this release as provided above, and for myself, my heirs and next of kin, I release and agree to indemnify and hold harmless Cumberland Kayak & Adventure Company from any and all liability incidents related to my minor child’s involvement or participation as provided above, even if arising from the negligence of Cumberland Kayak & Adventure Company, as permitted by law.

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Minor's Signature

Fifth Minor's Information

For Parents or Guardians of Participant of Minor Age (under age 18 at time of registration)
This is to certify that I, as parent or guardian with legal responsibility for this participant, do consent and agree to this release as provided above, and for myself, my heirs and next of kin, I release and agree to indemnify and hold harmless Cumberland Kayak & Adventure Company from any and all liability incidents related to my minor child’s involvement or participation as provided above, even if arising from the negligence of Cumberland Kayak & Adventure Company, as permitted by law.

Click to Sign
Minor's Signature

Sixth Minor's Information

For Parents or Guardians of Participant of Minor Age (under age 18 at time of registration)
This is to certify that I, as parent or guardian with legal responsibility for this participant, do consent and agree to this release as provided above, and for myself, my heirs and next of kin, I release and agree to indemnify and hold harmless Cumberland Kayak & Adventure Company from any and all liability incidents related to my minor child’s involvement or participation as provided above, even if arising from the negligence of Cumberland Kayak & Adventure Company, as permitted by law.

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Minor's Signature

Participant's Address

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Signature

By checking here, you acknowledge you have read and understand the above terms, and are consenting to the use of your electronic signature in lieu of an original signature on paper.You have the right to request that you sign a paper copy instead.By checking here, you are waiving that right.After consent, you may, upon written request to us, obtain a paper copy of an electronic record.No fee will be charged for such copy and no special hardware or software is required to view it.Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature.There is no penalty for withdrawing your consent.You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.