About Broken Paddle Outfitters
**Canoe and Kayak rental service with doorstep shuttles in the Nashville, TN area.
**Canoe and Kayak rental service with doorstep shuttles in the Nashville, TN area.
Activity Participation Acknowledgment
I, the above-named participant, hereby acknowledge that I am participating in an activity (the “Activity”) for which Broken Paddle Outfitters, LLC, a Tennessee limited liability company, or one of its affiliates (individually and collectively, “Outfitter”) is furnishing equipment, transportation and/or other services and which requires physical exercise. By signing this waiver, I certify that I am in good health and physical condition and do not suffer from any disability which would prevent me from safely participating in the Activity. I agree to abide by any decision of any Outfitter personnel regarding my ability to safely participate in the Activity. I fully understand that I may be injured as a result of my participation in the Activity, whether by my own actions or omissions or those of others participating in the Activity or other users of the facilities or waterway where the Activity takes place.
Risk Acknowledgment, Medical Authorization, Indemnity and Release
In consideration of my participation in the Activity:
• I knowingly and freely assume all risks, both known and unknown, associated with participation in the Activity, including, but not limited to, any injuries resulting from falls, contact with other participants and bystanders, the conditions of Activity sites, and the condition of equipment, whether or not supplied by Outfitter.
• I further acknowledge that certain injuries may result in my death or permanent physical disability.
• In the event of an emergency, as determined by Outfitter in its sole discretion, I hereby authorize Outfitter to contact emergency services for help, whether or not Outfitter has contacted my emergency contact, and hereby authorize any licensed physician or other licensed medical provider to provide proper treatment as such physician or provider may determine is advisable.
• To the fullest extent permitted by law, I hereby agree to indemnify, defend and hold harmless Outfitter and its affiliates and their respective members, officers, employees, personnel, agents and insurers as well as, where applicable, any federal, state or local governmental agencies or other entities who may have an interest or oversight of any river, lake or other real property or waterway on which any part of the Activity takes place (individually and collectively, the “Indemnified Parties”) from and against any and all claims, liabilities, causes of action, damages, demands, judgments, executions, liens and costs whatsoever, in law or in equity, including, without limitation, liability for death or bodily injuries to any person or damage to any property and including, but not limited to, court costs and attorney’s fees (individually and collectively, “Liabilities”) arising out of or resulting from my participation in the Activity.
• I, on behalf of myself and any other person acting on my behalf or claiming through me, including but not limited to, my heirs and successors, hereby RELEASE, WAIVE AND FOREVER DISCHARGE the Indemnified Parties from any and all Liabilities of any kind arising out of my participation in the Activity, even if such Liabilities arise out of negligence or carelessness on the part of any or all of the Indemnified Parties, and including, without limitation, Liabilities resulting from any claims made or that may be made (1) by or against a physician or other medical provider of emergency services under the above medical emergency authorization or (2) against any Indemnified Party for obtaining emergency medical services for me pursuant to such authorization.
I agree to abide by all laws and waterway regulations while participating in the Activity. I am solely responsible for any citations or other violations received from while participating in the Activity.
Glass containers are prohibited on the river. Littering is prohibited on the river. By law, life vests are required to be worn at all times by children thirteen years of age and under. By law, a life vest is required in the canoe for each person for participants over the age of thirteen years old. Portions of the trip may occur in state parks, and I agree to abide by all state park laws, including the prohibition of alcoholic beverages.
I may be provided with access to a cooler to use by Outfitter. Outfitter does not provide and is not responsible for the contents of the cooler. I agree to abide by all governing laws regarding the contents of the cooler. I understand that Outfitter is not responsible for any injuries caused by the use of alcohol, both by myself or others.
Non-aggressive dogs may be permitted on this outing at the discretion of Outfitter. I assume all liability for my dog, including any injuries my dog incurs and any injuries my dog inflicts on others. I certify that my dog is not aggressive, and I always agree to keep my dog on leash, which is also required by law. Outfitter reserves the right to refuse service to any person whose dog shows any signs of aggression prior to or on the outing.
Any insurance coverage available to Outfitter shall not alter the terms of this Release and Waiver nor impose any liability on Outfitter or any other Indemnified Party.
In consideration of my participation in the Activity, I hereby grant and convey to Outfitter all right, title, and interest I may have in any and all photographs, motion pictures, video recording, and any other recordings made during or about the Activity, and Outfitter shall have the right to exploit such recordings throughout the universe, an unlimited number of times, in perpetuity by any and all means and media, now known or hereafter invented.
I understand that I am financially liable for any loss or damage to equipment belonging to Outfitter, including damage caused by my negligence. I will only use the equipment for the purpose of participating in the Activity, and I will return the equipment in the same condition I received it in.
I agree that the laws of the State of Tennessee shall govern this agreement and my participation in the Activity. I agree that any lawsuit that arises out of this agreement or my participation in the Activity shall be decided in a court of competent jurisdiction in Davidson County, Tennessee. I consent to the personal jurisdiction of the courts in Tennessee. I acknowledge that if a court enters judgment in favor of Outfitter, Outfitter is entitled to recover its attorney’s fees from me.
Group Leader/Financial Responsibility
If I am the person that booked the Activity with Outfitter (whether directly or through a third party booking website or service), as reflected in the reservation details provided to Outfitter, I acknowledge that I will be considered the group leader by Outfitter and that I will be held financially and legally responsible for the actions and omissions of all other participants in the Activity. Without limiting the foregoing, I agree to indemnify, defend and hold harmless the Indemnified Parties (identified above) from any and all Liabilities (defined above) arising out of the actions or omissions of all other participants in the Activity. I further agree that Outfitter may charge the form of payment I provided when the reservation was made for the cost of repair or replacement (as applicable) of any Outfitter-provided equipment that is lost or damaged during the Activity.
For cancellations made by myself within fourteen (14) days or more of the scheduled Activity, I will receive a one hundred percent (100%) refund on the form of payment I provided when the reservation was made. For cancellations made by myself within two (2) to thirteen (13) days of the scheduled Activity, I will receive a fifty percent (50%) refund on the form of payment I provided when the reservation was made. For cancellations made by myself within forty-eight (48) hours of the scheduled Activity, I will receive no refund. For cancellations made by Outfitter due to unsafe conditions (i.e high/fast moving water, lightning, etc.) (sole discretion of local authorities), I will receive a full refund and a discount for a rain check date (amount to be determined by Outfitter at time of issuance).