PADL LLC

ASSUMPTION OF RISK, RELEASE OF LIABILITY &

INDEMNIFICATION AGREEMENT

 

 

⚠  IMPORTANT — PLEASE READ CAREFULLY BEFORE SIGNING  ⚠

THIS IS A LEGALLY BINDING CONTRACT THAT RELEASES IMPORTANT LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE FOR NEGLIGENCE. BY SIGNING THIS AGREEMENT — WHETHER IN HANDWRITING OR ELECTRONICALLY — YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND VOLUNTARILY AGREE TO ALL TERMS.

1. DEFINITIONS

"Activity" means participation in stand-up paddleboarding, kayaking, bicycling, sailing, windsurfing, wing foiling, wing surfing, foiling, kiteboarding, kite surfing, lessons, tours, yoga, or any rental of equipment offered by PADL LLC, whether on or off the water, including all preparation, instruction, transit to and from the activity site, and any other activity incidental thereto.

"Participant" means any person who participates in the Activity, regardless of age.

"Undersigned" means: (a) the Participant, if 18 years of age or older, together with his or her heirs, legal representatives, assigns, subrogors, executors, and personal representatives; or (b) the minor Participant's parent or legal guardian, together with the minor's heirs, legal representatives, assigns, subrogors, executors, and personal representatives, if the Participant is under 18 years of age.

"Released Parties" means PADL LLC and each of its past, present, and future affiliates, parent companies, subsidiaries, joint venture partners, officers, directors, members, managers, shareholders, partners, employees, independent contractors, agents, insurers, successors, and assigns.

"Agreement" means this Assumption of Risk, Release of Liability & Indemnification Agreement, in its entirety, including all sections and subsections hereof.

2. RISKS OF THE ACTIVITY

The Undersigned acknowledges and understands that the Activity is INHERENTLY DANGEROUS AND INVOLVES THE RISK OF SERIOUS PHYSICAL INJURY, PROPERTY DAMAGE, OR DEATH. These risks exist even when the Activity is conducted with reasonable care. The Undersigned has freely chosen to participate despite these risks.

Risks include, but are not limited to:

•     Changing weather conditions, high winds, storms, lightning, rain, reduced visibility, waves, wakes, tides, currents, undertows, and rip currents

•     Cold water immersion, hypothermia, heat exhaustion, heat stroke, dehydration, sunburn, and sun exposure

•     Drowning, near-drowning, capsizing, and overturning

•     Collisions with other watercraft, vessels, docks, pilings, markers, buoys, swimmers, divers, and submerged or above-water objects

•     Wildlife and marine life encounters, including but not limited to jellyfish, sharks, stingrays, and other marine organisms

•     Equipment failure, equipment defect, improper use or maintenance of equipment, and failure to follow safety instructions

•     Falling, slipping, tripping, or other physical distress on land or water

•     Transport to and from the Activity site, including loading and unloading of equipment

•     Physical exhaustion, muscle cramps, cardiac events, or other medical conditions triggered or exacerbated by physical exertion

•     Exposure to communicable diseases, viruses, bacteria, or other pathogens, including airborne and waterborne transmission

•     Acts, omissions, or negligence of Released Parties or other participants or third parties

•     Actions or omissions of other watercraft operators or members of the public

•     Failure or unavailability of emergency response or medical services

•     Use of the Activity in proximity to other activities, events, or watercraft

 

THE FOREGOING LIST IS NOT EXHAUSTIVE. OTHER RISKS, BOTH KNOWN AND UNKNOWN, MAY EXIST. THE UNDERSIGNED EXPRESSLY ACCEPTS ALL SUCH RISKS, WHETHER OR NOT DESCRIBED ABOVE.

 

Participant acknowledges that, as operator of a vessel under Florida law (Fla. Stat. Ch. 327), the Participant is solely responsible for the safe operation of any rented equipment, for compliance with all applicable federal, state, and local laws, United States Coast Guard regulations, and Florida Fish and Wildlife Conservation Commission rules and navigation rules.

3. MULTIPLE RENTALS / GROUP USE

When the Undersigned rents equipment for multiple persons under a single account, the Undersigned:

•     Accepts full and personal responsibility for all persons interacting with, or operating, the rented equipment;

•     Represents and warrants that he or she has informed all Participants of the risks described in Section 2 and that each Participant consents to participation;

•     Accepts that this Agreement binds the Undersigned with respect to all Participants under his or her account; and

•     Accepts all liability for any injury, property damage, or loss related to the Activity or equipment until all equipment has been returned to the appropriate station and the rental period has concluded.

 

The Released Parties shall not be liable for any failure by the Undersigned to comply with these obligations.

4. RELEASE, INDEMNIFICATION & ASSUMPTION OF RISK

4.1 Release of All Claims

 

THE UNDERSIGNED HEREBY IRREVOCABLY AND UNCONDITIONALLY RELEASES, FOREVER DISCHARGES, AND EXPRESSLY COVENANTS NOT TO SUE OR BRING ANY LEGAL ACTION OR PROCEEDING AGAINST ANY OF THE RELEASED PARTIES WITH RESPECT TO ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION, LIABILITIES, LOSSES, AND DAMAGES OF EVERY KIND AND NATURE, WHETHER NOW KNOWN OR UNKNOWN, FORESEEN OR UNFORESEEN, DIRECT OR CONSEQUENTIAL, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE PARTICIPANT'S PARTICIPATION IN THE ACTIVITY — INCLUDING, WITHOUT LIMITATION, CLAIMS OF ORDINARY OR PASSIVE NEGLIGENCE, PRODUCT LIABILITY, DEFECT IN DESIGN OR MANUFACTURE, BREACH OF EXPRESS OR IMPLIED WARRANTY, BREACH OF CONTRACT, OR ANY VIOLATION OF STATUTE OR REGULATION.

 

IMPORTANT FLORIDA LAW NOTE: Florida courts generally do not enforce pre-injury releases as to claims of gross negligence or willful and wanton misconduct. Nothing in this Agreement is intended to release any claim that cannot lawfully be released under applicable law. This Release shall be enforced to the fullest extent permitted by applicable law.

 

 

4.2 Limitation of Damages

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AND IN ADDITION TO THE RELEASE IN SECTION 4.1, THE UNDERSIGNED AGREES THAT IN NO EVENT SHALL THE TOTAL LIABILITY OF THE RELEASED PARTIES TO THE UNDERSIGNED FOR ANY CLAIM ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE ACTIVITY EXCEED THE AMOUNT ACTUALLY PAID BY THE UNDERSIGNED TO PADL LLC FOR THE SPECIFIC ACTIVITY SESSION GIVING RISE TO THE CLAIM. THE UNDERSIGNED EXPRESSLY WAIVES ANY RIGHT TO CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES.

4.3 Indemnification

The Undersigned agrees to indemnify, defend (with counsel of PADL LLC's choice), and hold harmless the Released Parties from and against any and all liabilities, costs, expenses, losses, and damages of any kind or nature whatsoever, and from any and all suits, claims, demands, and proceedings — including reasonable attorneys' fees, expert witness fees, and all other litigation costs and expenses, whether incurred before, during, or after trial, on appeal, or in any arbitration — arising out of or related to:

•     The Participant's participation in the Activity;

•     Any breach of any representation, warranty, or obligation of the Undersigned under this Agreement;

•     Any claim brought by or on behalf of any Participant for whom the Undersigned has executed this Agreement under Section 3; or

•     Any third-party claim arising from the Participant's negligent or wrongful acts or omissions in connection with the Activity.

 

This indemnification obligation is independent of, and survives, the Release in Section 4.1 and the conclusion of the Participant's participation in the Activity.

4.4 Attorneys' Fees

In any arbitration or legal proceeding arising out of or relating to this Agreement or the Activity, the prevailing party shall be entitled to recover its reasonable attorneys' fees, expert witness fees, and costs to the fullest extent permitted by applicable law. Nothing herein limits PADL LLC's rights to fees under Florida Statute § 57.105 or any other applicable statute.

4.5 Assumption of Risk

RECOGNIZING THE RISKS AND DANGERS DESCRIBED ABOVE — AND OTHERS NOT DESCRIBED — THE UNDERSIGNED VOLUNTARILY AND EXPRESSLY ASSUMES ALL RISKS AND DANGERS OF PARTICIPATION IN THE ACTIVITY, WHETHER KNOWN OR UNKNOWN, INHERENT OR OTHERWISE, INCLUDING ALL RISKS ARISING FROM THE ACTS, OMISSIONS, OR NEGLIGENCE OF THE RELEASED PARTIES. THE UNDERSIGNED ACKNOWLEDGES THAT HE OR SHE HAS CHOSEN TO PARTICIPATE VOLUNTARILY, THAT PADL LLC HAS NOT CONCEALED ANY KNOWN RISKS, AND THAT THIS ASSUMPTION OF RISK IS INFORMED AND VOLUNTARY.

 

5. MINOR PARTICIPANT ACKNOWLEDGMENT

If the Participant is under 18 years of age, the signing parent or legal guardian:

•     Represents and warrants that he or she is the Participant's natural guardian or legal guardian with full legal authority to bind the minor;

•     Executes this Agreement on both his or her own individual behalf and on behalf of the minor Participant, in accordance with Florida Statute § 744.301(3), which authorizes natural guardians to execute pre-injury releases on behalf of minor children for activities the guardian has authorized the minor to engage in;

•     Agrees that the minor Participant is bound by all terms of this Agreement to the fullest extent permitted by law;

•     Expressly waives and releases, on behalf of the minor and the minor's estate, heirs, and legal representatives, all rights and claims described herein that the minor might otherwise have; and

•     Acknowledges that the minor would not be permitted to participate but for the parent's or guardian's execution of this Agreement.

 

Any person who executes this Agreement without a required parent or guardian co-signature represents under penalty of fraud that he or she is at least 18 years of age.

 

6. SHORTENED LIMITATIONS PERIOD

ANY CLAIM ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE ACTIVITY MUST BE FILED NO LATER THAN ONE (1) YEAR FROM THE DATE THE CLAIM ACCRUES, REGARDLESS OF ANY LONGER LIMITATIONS PERIOD OTHERWISE APPLICABLE UNDER FLORIDA OR FEDERAL LAW. FAILURE TO FILE WITHIN THIS PERIOD SHALL PERMANENTLY BAR THE CLAIM.

 

7. FEDERAL MARITIME LAW ACKNOWLEDGMENT

The Undersigned acknowledges that certain claims arising from water-based activities may be subject to federal admiralty and maritime law, which may supplement or, in some circumstances, preempt state law. To the extent any provision of this Agreement is unenforceable under maritime law, the remaining provisions shall remain in full force and effect. The Undersigned expressly waives any rights under maritime law — including but not limited to the Jones Act and the Death on the High Seas Act — to the extent permitted by law and to the extent applicable to recreational activities of the type described herein.

 

8. MEDICAL AUTHORIZATION

The Undersigned authorizes the Released Parties and their authorized personnel to arrange for or render emergency medical care for the Participant, or to transport the Participant to a medical facility or hospital, if such personnel determine in their sole discretion that medical attention is necessary. The Undersigned agrees to pay all costs associated with such medical care, transportation, and related services, and agrees to hold the Released Parties harmless for any medical decisions made in good faith in an emergency situation.

 

9. INSURANCE DISCLOSURE

This livery maintains liability insurance in accordance with Florida law:

•     Carrier: Kinsale Insurance Company

•     Policy No.: 01002412542

•     Coverage: $1,000,000 per occurrence / $2,000,000 aggregate

 

The existence of insurance does not limit or reduce the Undersigned's obligations under this Agreement, including without limitation the indemnification obligation in Section 4.3. The Released Parties make no representation that available insurance coverage will be sufficient to satisfy any claim.

 

10. PRE-RENTAL SAFETY INSTRUCTIONS & EQUIPMENT ACCEPTANCE

The Undersigned acknowledges receipt and full understanding of all pre-rental safety instructions provided by PADL LLC, whether in written, verbal, or electronic form. The Undersigned has inspected or had a full opportunity to inspect the rented equipment and accepts it in its present condition as safe, functional, and suitable for the intended Activity. The Undersigned assumes full responsibility for the equipment during the rental period.

The Undersigned is responsible for the replacement cost at full replacement value of any rented equipment that is lost, stolen, damaged, or not returned to PADL LLC. All equipment must be returned by the agreed return time or the Undersigned shall continue to incur rental charges. PADL LLC reserves the right to charge the payment method on file for all unreturned or damaged equipment.

 

11. SAFETY RULES & LEGAL COMPLIANCE

The Undersigned agrees to strictly comply with all of the following:

•     All applicable federal, state, and local laws, statutes, regulations, and navigation rules, including without limitation Florida Statutes Chapter 327 (vessel operation and safety) and all USCG regulations;

•     Mandatory PFD requirement — ALL Participants must wear a USCG-approved Type I, II, III, or V personal flotation device (PFD/life jacket) at all times while on the water. This is a mandatory PADL LLC rule applicable to ALL participants regardless of age, swimming ability, or what applicable law otherwise requires. PADL LLC will not permit any person to launch without a properly fitted, USCG-approved PFD worn and fastened;

•     Requirements to carry a whistle or other sound-producing device audible for at least one-half nautical mile while on the water;

•     Requirements to carry a white-light flashlight or lantern when operating after sunset;

•     The prohibition on operating any equipment under the influence of alcohol, controlled substances, or any substance impairing the ability to safely operate a vessel (Fla. Stat. § 327.35);

•     Designated operating areas posted by PADL LLC or any applicable authority;

•     The obligation to immediately report any accident, injury, or equipment damage to PADL LLC via the in-app support link or by calling (786) 749-6730, and to report boating accidents to the USCG or appropriate authority as required by law; and

•     All other rules and guidelines posted at PADL LLC locations or communicated by PADL LLC staff.

 

For emergencies requiring immediate police or medical response, call 911 first. First aid kits are available at all PADL locations.

 

12. MEDIA RELEASE

The Undersigned grants PADL LLC and all Related Parties a perpetual, irrevocable, royalty-free, worldwide license to use, reproduce, edit, alter, crop, composite, exhibit, publish, and distribute photographs, video, audio recordings, digital media, and any other depictions of the Participant taken during or in connection with the Activity, for any lawful commercial, promotional, or educational purpose, without compensation or further consent.

All such media shall become the property of PADL LLC. The Undersigned waives any right to inspect or approve finished products and releases the Released Parties from all claims arising from this authorization, including any claims related to right of publicity, right of privacy, or defamation.

The Undersigned further acknowledges that PADL LLC may conduct video surveillance of its facilities and waterways for safety and security purposes and consents to such surveillance.

 

13. MISCELLANEOUS

(a) Condition Precedent to Participation

Signing this Agreement is a mandatory condition of participation in the Activity. PADL LLC will not permit any person to participate without a fully executed Agreement on file. No oral representation, course of dealing, or prior participation creates any exception to this requirement.

 

 

(b) Electronic Signature

This Agreement may be executed electronically — including via touchscreen, click-to-sign, or app-based signature — and such electronic signature shall be legally binding and enforceable to the same extent as a handwritten signature, in accordance with the Electronic Signatures in Global and National Commerce Act (E-SIGN) and Florida's Uniform Electronic Transactions Act (Fla. Stat. § 668.50), and any other applicable law.

(c) Governing Law & Venue

This Agreement is governed by the laws of the State of Florida, without regard to its conflict-of-law principles. To the extent any claim is not subject to arbitration under Section 13(d), the Undersigned irrevocably consents to exclusive jurisdiction and venue in the state and federal courts located in Miami-Dade County, Florida.

(d) Dispute Resolution — Mandatory Binding Arbitration

ANY AND ALL DISPUTES, CLAIMS, OR CONTROVERSIES ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE ACTIVITY, OR THE RELATIONSHIP BETWEEN THE PARTIES — INCLUDING ANY CLAIM OF NEGLIGENCE, PERSONAL INJURY, PROPERTY DAMAGE, OR WRONGFUL DEATH — SHALL BE RESOLVED EXCLUSIVELY BY FINAL AND BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION ("AAA") UNDER ITS CONSUMER ARBITRATION RULES THEN IN EFFECT.

Arbitration shall take place exclusively in Miami-Dade County, Florida. Arbitration fees shall be allocated in accordance with the AAA Consumer Arbitration Rules. The arbitrator shall have authority to award any remedy available at law or equity, subject to the limitations in this Agreement. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. PADL LLC may seek emergency injunctive or other equitable relief from any court of competent jurisdiction without waiving its right to arbitration.

(e) Waiver of Jury Trial

TO THE FULLEST EXTENT PERMITTED BY LAW, THE UNDERSIGNED IRREVOCABLY AND UNCONDITIONALLY WAIVES ANY AND ALL RIGHTS TO A TRIAL BY JURY IN ANY ACTION, PROCEEDING, OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE ACTIVITY.

(f) Class Action Waiver

ALL CLAIMS MUST BE BROUGHT IN THE UNDERSIGNED'S INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, MASS, OR REPRESENTATIVE ACTION. THE ARBITRATOR SHALL NOT CONSOLIDATE THE CLAIMS OF MORE THAN ONE PERSON AND SHALL NOT PRESIDE OVER ANY FORM OF REPRESENTATIVE, CLASS, OR COLLECTIVE PROCEEDING. IF THIS CLASS ACTION WAIVER IS FOUND UNENFORCEABLE BY A COURT OF COMPETENT JURISDICTION AS TO A PARTICULAR CLAIM, THAT CLAIM SHALL BE LITIGATED IN COURT BUT ALL OTHER INDIVIDUAL CLAIMS SHALL PROCEED IN ARBITRATION.

(g) Severability.

If any provision of this Agreement is found invalid, illegal, or unenforceable by a court or arbitrator of competent jurisdiction, that provision shall be modified to the minimum extent necessary to make it enforceable, and all remaining provisions shall continue in full force and effect. The invalidity of any provision shall not affect the validity or enforceability of any other provision.

(h) Entire Agreement; Integration

This Agreement constitutes the entire understanding between the parties regarding its subject matter and supersedes all prior oral or written representations, negotiations, or agreements. No modification of this Agreement shall be binding unless in writing and signed by an authorized representative of PADL LLC.

(i) No Waiver

PADL LLC's failure to enforce any provision of this Agreement on one or more occasions shall not constitute a waiver of PADL LLC's right to enforce such provision in the future or to enforce any other provision of this Agreement.

(j) Binding Effect

This Agreement is binding upon the Undersigned and his or her heirs, assigns, subrogors, executors, administrators, and personal representatives.

(k) Physical Fitness & Medical Representation

The Undersigned represents and warrants that: (i) the Participant is in good physical health; (ii) the Participant does not have any known medical condition that would make participation in the Activity inadvisable; (iii) the Participant has consulted a physician if he or she has any doubt regarding fitness for participation; and (iv) the Participant will immediately cease participation if he or she experiences any physical distress during the Activity.

(l) No Third-Party Beneficiaries

This Agreement is for the sole and exclusive benefit of PADL LLC and the Released Parties. No other person or entity shall be a third-party beneficiary of this Agreement.

(m) Voluntariness

The Undersigned represents that: (i) he or she has had adequate time and opportunity to read this entire Agreement; (ii) he or she has had the opportunity to consult legal counsel; (iii) he or she fully understands all terms and conditions; and (iv) he or she executes this Agreement freely and voluntarily, without coercion.

 

ACKNOWLEDGMENT & AGREEMENT

BY SIGNING BELOW, I ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS ENTIRE AGREEMENT, UNDERSTAND ITS CONTENTS IN FULL, AM AWARE THAT I AM RELEASING IMPORTANT LEGAL RIGHTS THAT I MIGHT OTHERWISE HAVE — INCLUDING THE RIGHT TO SUE — AND AGREE TO ALL OF ITS TERMS VOLUNTARILY, OF MY OWN FREE WILL, AND WITHOUT COERCION OR DURESS.