Participant Release Agreement – Non-Motorized Watercraft Rentals

PLEASE COMPLETE YOUR AGREEMENT PROMPTLY

Please complete and submit your Participant Release Agreement as soon as possible. This gives us time to review your information and prepare for your trip.

Day Trippin, LLC

Participant Assumption of Risk and Release Agreement – Non-Motorized Watercraft Rentals

For purposes of this Agreement, the term “Activity” includes the self-guided rental and use of kayaks, canoes, stand-up paddleboards, and other non-motorized watercraft and related equipment provided by or through Day Trippin, LLC, together with the accompanying use of any personally supplied non-motorized watercraft or equipment. The Activity includes inspecting, fitting, carrying, loading, unloading, launching, entering, paddling, operating, landing, exiting, recovering, and returning the watercraft and equipment, together with all related shoreline, dock, ramp, and water-based activities. “Participant” means the individual signing this Agreement and participating in the Activity.

In consideration of being permitted to participate in the Activity and for other good and valuable consideration, I hereby agree to release and discharge from liability arising from the ordinary negligence of Day Trippin, LLC and its owners, directors, officers, employees, agents, volunteers, Participants, and all other persons or entities acting for them (hereinafter collectively referred to as “Releasees”), on behalf of myself and my children, parents, heirs, assigns, personal representative and estate, and also agree as follows:

1. ASSUMPTION OF RISK: I acknowledge that the self-guided use of non-motorized watercraft involves known and unknown risks that may result in serious injury, illness, death, or property damage. Risks include, but are not limited to, capsizing, swamping, falling overboard, drowning, cold-water shock, hypothermia, heat illness, sun exposure, dehydration, fatigue, and overexertion; collisions with vessels, people, docks, shorelines, debris, or submerged objects; entrapment or entanglement; wind, waves, wakes, currents, changing weather or water levels; slippery, uneven, or unstable shorelines, docks, ramps, and launch areas; carrying, loading, unloading, launching, landing, or recovering equipment; becoming lost, stranded, or separated from others; limited cell service and delayed emergency response; encounters with wildlife or insects; equipment misuse, malfunction, or damage; and the actions or omissions of myself, other participants, other water users, or third parties. I understand that these risks cannot be eliminated and may occur without warning despite the use of life jackets, safety equipment, and reasonable precautions.

2. I expressly accept and assume all of the risks inherent in this Activity or that might have been caused by the negligence of the Releasees. My participation in this Activity is purely voluntary and I elect to participate despite the risks. In addition, if at any time I believe that event conditions are unsafe or that I am unable to participate due to physical or medical conditions, then I will immediately discontinue participation.

3. RELEASE OF LIABILITY: I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless Releasees from any and all claims, demands, or causes of action which are in any way connected with my participation in this Activity, or my possession, handling, or use of the rented watercraft, related equipment, launch areas, or facilities, arising from negligence. This release does not apply to claims arising from intentional conduct. Should Releasees or anyone acting on their behalf be required to incur attorney’s fees and costs to enforce this Agreement, I agree to indemnify and hold them harmless for all such fees and costs.

4. LAUNCHING, LANDING, & MOBILITY: I understand that participating in the Activity may require walking across uneven, wet, sloped, unstable, or moving surfaces; carrying or moving equipment; navigating shorelines, docks, ramps, or steps; bending, kneeling, crouching, or sitting close to the water; entering, exiting, mounting, or dismounting the Watercraft; and maintaining balance while affected by wind, waves, wakes, or Watercraft movement. Conditions vary by location and may change without notice.

   Day Trippin, LLC delivers the reserved equipment to the meeting location and later returns to collect it but does not provide physical assistance with carrying, launching, entering, exiting, landing, recovering, reentering, or operating the Watercraft. I am responsible for determining whether I can safely perform these activities and for arranging any physical assistance I may require from a capable member of my group.

5. MEDICAL AND PHYSICAL FITNESS & INSURANCE: I am solely responsible for determining whether I am medically and physically capable of safely participating in the Activity without instruction, supervision, or physical assistance from Day Trippin, LLC. I will not participate if any medical or physical condition, impairment, medication, fatigue, or other circumstance makes participation unsafe. I represent that I have adequate insurance to cover any injury or damage I may suffer or cause while participating, or I agree to personally bear those costs.

6. EMERGENCY RESPONSE AND MEDICAL AUTHORIZATION: I understand that Day Trippin, LLC does not provide onsite supervision, rescue, lifeguard, or medical services; does not monitor my location during the Activity; and may not know that an emergency has occurred unless notified. If Day Trippin, LLC becomes aware of an emergency, I authorize it to contact emergency responders and my emergency contact and to provide information reasonably necessary to assist them. I authorize qualified emergency responders or medical providers to provide care deemed necessary and accept responsibility for all associated costs. I understand that emergency response may be delayed because of remote locations, limited cell service, weather, water conditions, or access limitations.

7. EMERGENCY CONTACT: I will provide a current emergency contact who is not participating in the Activity. Day Trippin, LLC may contact this person if it becomes aware of an emergency, cannot reach me, or determines that a Participant or rented equipment is overdue at the scheduled pickup time. Providing an emergency contact does not mean that Day Trippin, LLC is monitoring my location or supervising the Activity.

8. EQUIPMENT INSPECTION AND USE: Before beginning the Activity, I will inspect the Watercraft, paddle, life jacket, and other provided equipment and notify Day Trippin, LLC of any visible damage, missing item, malfunction, or condition that I believe may be unsafe. I will not use equipment that appears damaged or unsafe. By accepting and using the equipment after having an opportunity to inspect it, I acknowledge that it appeared to be complete and in serviceable condition, except for a defect that could not reasonably be discovered during inspection. I will use the equipment only for its intended purpose, within its rated capacity, and only by authorized Participants included in the reservation. I will not modify, abandon, lend, or transfer the equipment and will promptly report any incident, malfunction, loss, theft, or damage.

9. SELF-GUIDED RENTAL; NO INSTRUCTION OR SUPERVISION: I understand that the Activity is a self-guided equipment rental—not a guided tour, paddling lesson, or supervised activity. Day Trippin, LLC delivers the reserved Watercraft and equipment to the meeting location and later returns to collect them. Day Trippin, LLC does not provide on-water instruction, escort, monitoring, lifeguard services, supervision, or an on-water rescue service. I am responsible for evaluating weather and water conditions, selecting an appropriate route, navigating, remaining within my abilities, staying with my group, launching, landing, reentering or recovering the Watercraft if necessary, and returning safely by the scheduled pickup time. I understand that Day Trippin, LLC may not know my location or be able to locate or assist me during the Activity.

10. SAFE CONDUCT AND COMPLIANCE: I will conduct myself safely and responsibly and comply with all applicable laws, regulations, posted signs, manufacturer warnings, and written safety instructions. I will maintain control of the Watercraft, and prevent reckless operation, horseplay, intentional capsizing, collisions, interference with other water users, overloading, and use by anyone not included in the reservation. Day Trippin, LLC may refuse or terminate the rental and require the immediate return of all equipment, without refund, if a Participant engages in unsafe, unlawful, prohibited, or disruptive conduct.

11. LIFE JACKETS / PERSONAL FLOTATION DEVICES: ay Trippin, LLC provides a properly sized, U.S. Coast Guard-approved personal flotation device (“PFD” or “life jacket”) for each Participant using Day Trippin-provided Watercraft. A Participant using personally supplied Watercraft is responsible for bringing and wearing their own properly sized, U.S. Coast Guard-approved PFD.

I will wear my PFD properly fastened at all times while launching, entering, aboard, operating, landing, exiting, or in the water, and I will ensure that each minor under my responsibility does the same. I will not use a PFD that is damaged, improperly fitted, or otherwise unsafe. I understand that wearing a PFD reduces—but does not eliminate—the risk of drowning and is not a substitute for swimming ability, sound judgment, or self-rescue skills.

12. ALCOHOL, DRUGS, AND IMPAIRMENT: I will not launch, operate, ride in, or otherwise use the Watercraft while impaired by alcohol, cannabis, illegal drugs, prescription or over-the-counter medication, fatigue, or any other substance or condition that could affect my judgment, balance, coordination, or ability to participate safely. I will not allow anyone who appears impaired to use the Watercraft. Day Trippin, LLC may refuse or terminate the rental and require the immediate return of all equipment, without refund, if it reasonably believes that any Participant is impaired or presents a safety risk.

13. CAPSIZE, WATER ENTRY, AND SELF-RESCUE: I understand that the Watercraft may capsize, swamp, overturn, or become separated from me without warning. I am responsible for determining that I can safely exit, reenter, right, recover, and control the Watercraft without assistance from Day Trippin, LLC. I will not intentionally capsize, abandon, or misuse the Watercraft. If I enter the water, I will keep my PFD properly fastened and remain with the Watercraft when reasonably safe to do so. In an emergency, I am responsible for contacting 911 or other emergency responders and understand that Day Trippin, LLC does not provide an on-water rescue service.

14. CLOTHING AND FOOTWEAR: I will wear footwear and clothing appropriate for carrying equipment, walking on wet, uneven, slippery, sharp, or unstable surfaces, exposure to changing weather and water conditions, and participating in the Activity. I understand that footwear and clothing do not eliminate the risks of slipping, falling, exposure, entanglement, or injury.

15. CONTAINERS, BEVERAGES, AND LITTER: The following requirements apply to all Day Trippin, LLC non-motorized Watercraft rentals, regardless of the launch location or body of water:

• Glass containers are prohibited, except for containers required for medication prescribed by a licensed medical provider.

• All coolers and food or beverage containers must be sealed or securely closed to prevent their contents from spilling.

• If food or beverages are carried, a securely closable litter container must be secured to the Watercraft. All litter must remain in the container until it can be safely and lawfully disposed of.

• Any beverage not kept in a sealed or securely closed container or litter bag must be secured in a floating holder that prevents it from sinking.

I am responsible for securing and removing all containers, beverages, food, litter, and personal property at the end of the Activity.

16. PERSONAL PROPERTY AND ELECTRONICS: I am solely responsible for securing and protecting my personal property, including phones, cameras, keys, wallets, jewelry, clothing, fishing equipment, and electronic devices. I understand that water exposure, immersion, heat, sunlight, vibration, impact, capsizing, loss, and theft are inherent risks of the Activity. To the fullest extent permitted by law, Day Trippin, LLC is not responsible for lost, stolen, damaged, or destroyed personal property.

17. EQUIPMENT RETURN, LOSS, DAMAGE, AND RECOVERY: I will keep the Watercraft and all related equipment in my possession and control during the rental and make everything available for pickup at the agreed location and scheduled time. I will promptly report any accident, injury, equipment damage, malfunction, loss, theft, abandonment, or inability to return on time. I agree to pay the reasonable repair, replacement, or recovery costs resulting from loss, theft, abandonment, misuse, unauthorized use, or failure to follow this Agreement, excluding ordinary wear and damage caused solely by a defect that could not reasonably have been discovered during inspection.

18. WEATHER, WATER CONDITIONS, AND TERMINATION: Day Trippin, LLC may delay, relocate, modify, cancel, refuse, or terminate a rental and may require the immediate return of all equipment because of weather, water conditions, equipment concerns, unsafe or unlawful conduct, failure to return as scheduled, or any other condition reasonably affecting safety or operations. Any applicable refund, credit, or rescheduling will be determined under the Booking & Payment Policy. This authority does not mean that Day Trippin, LLC is continuously monitoring the weather, water, my location, or my conduct during the Activity.

19. MEDIA RELEASE: I grant permission to photograph, record, and use my image, likeness, voice, and/or statements captured during my participation for promotional materials, including website, social media, print, and video, without compensation. I waive any right to inspect or approve the finished product. This authorization is perpetual and may be revoked only by written notice received by Day Trippin, LLC before the Activity begins.

20. OUTDOOR CONDITIONS AND NO GUARANTEES: I understand that weather, wind, temperature, water levels, currents, waves, wakes, wildlife, scenery, cell service, route accessibility, and other natural or outdoor conditions are variable and may change without notice. Day Trippin, LLC does not guarantee any particular conditions, route, destination, wildlife sighting, or experience.

21. PETS: A Participant may bring a pet or other animal during the Activity at the Participant’s own risk and responsibility. The Participant is responsible for determining whether the Watercraft is appropriate for the animal and ensuring that the combined weight of all Participants, animals, and equipment remains within the Watercraft’s rated capacity.

• The Participant must maintain control of the animal, supervise it at all times, and use any leash or restraint in a manner that does not create an entanglement or other safety hazard. Day Trippin, LLC does not provide flotation devices or other safety equipment for animals. A properly fitted animal flotation device is strongly recommended.

• The Participant assumes responsibility for the animal’s safety and for any injury, illness, loss, escape, property damage, equipment damage, cleaning, delay, or other cost caused by or involving the animal. Day Trippin, LLC may refuse or terminate the animal’s participation if its actual behavior, size, lack of control, effect on Watercraft capacity or stability, or other circumstances create a safety or damage risk, subject to applicable law.

• Service animals are always welcome in accordance with applicable law.

22. ARBITRATION: This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of Arkansas. Any disputes arising from this Agreement shall first be submitted to informal mediation. If unresolved, disputes will be resolved by binding arbitration in Arkansas before a single arbitrator under the rules of the American Arbitration Association. Each party shall bear their own costs. This arbitration clause survives termination of this Agreement and precludes trial by jury.

23. I agree that if any portion of this Agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect.

I have had sufficient time to read this entire document and, should I choose to do so, consult with legal counsel prior to signing. Also, I understand that this Activity might not be made available to me or that the cost to engage in this Activity would be significantly greater if I were to choose not to sign this release, and agree that the opportunity to participate at the stated cost in return for the execution of this release is a reasonable bargain. I have read and understood this document and I agree to be bound by its terms.

ACKNOWLEDGMENT: I acknowledge that I have asked any questions I may have regarding this Agreement and fully understand its contents before signing. I understand that by signing this Agreement, I am giving up substantial legal rights, including the right to sue for claims arising from ordinary negligence.

By signing below, I sign this Agreement in my individual capacity.

I confirm that I am the adult identified in this Agreement and am not signing on behalf of another adult.