When paying for your course, we ask that you first read and agree to our Terms of Trade detailed below:

 

This is a basic understanding of intent between BK Kayaking and our customers and is necessary in order to provide a good quality service and value for money whilst ensuring BK Kayaking gets paid for its efforts & commitment.

 

Cancellation of Courses, Trips and No Shows�

 

1.     Cancellations must be made at least 2 weeks prior to the kayaking session and a fee of 50% of the total cost of the trip will be charged to cover our costs to the bank as well as administration costs. There will be no refund available for cancellations within this 2 week period.

 

2.      Booked & scheduled kayaking sessions that are cancelled due to BK Kayaking being unable to

fulfil the kayaking session due to weather conditions or any other reason and an alternative date cannot be found, then all paid amounts will be refunded in full.

 

Payments C BACS Transfer, Pay pal, Cheque & Cash

 

3.     All kayaking sessions must be paid for at least 2 weeks prior to the kayaking session i.e. the funds must clear our bank account. Should we not receive the funds at least 2 weeks prior to the kayaking session, we will contact you for a card payment. Failing this, your place may be forfeited.

 

Health & Safety

 

4.     Sea kayaking is an outdoor sport and by its very nature can expose paddlers at its worst to:

 

       Strong currents and strong wind

       Rough sea/estuary conditions

       Cold & wind chill

       Paddling against strong currents and/or winds

       Other vessels

 

Potential Injuries

 

5.     Injuries can occur when kayaking and some potential injuries which can occur include:

 

       Muscle & back aches

       General fatigue

       Wrist pain & muscle stiffness

       Blisters on hands

       Sea sickness

       Mild to extreme hypothermia/hyperthermia

       Shoulder dislocation

       Sunburn

       Minor cuts & grazes/nicks etc.

 

6.     All paddlers must be of reasonable fitness.

 

7.     BK Kayaking cannot take responsibility for any injuries sustained prior to, whilst paddling and/or on completion of a kayaking session.

 

8.     We also reserve the right to discontinue the kayaking session for any paddlers who are deemed to be unfit to continue with the kayaking session by the kayaking session leader.

 

9.     You are obliged to inform your kayaking session leader of any medical conditions you feel may affect you during your kayaking session. These may include but are not limited to:

 

Diabetes

Heart conditions

Epilepsy

Rheumatism/arthritis

Back/knee problems &/or shoulder problems

Hearing and/or sight problems

Sea sickness

Fears of deep water/swimming or any other relevant phobia/fears

 

Early termination of kayaking session

 

10.  If you choose to terminate your kayaking session early, or we deem you to be unfit to complete the session, we will be unable to refund you for all or part of the kayaking cost.

 

PLEASE NOTE: The leader for your kayaking session holds the right to cancel or reschedule any kayaking session due to weather, tides or unforeseen circumstances out of his/her control or that of the business. Discounts will not be offered for re-schedules.

 

 

Waiver of Liability, Assumption of Risks, Release & Indemnity Agreement

 

This is a binding legal document. The purpose of this agreement to exempt,waive and relieve Releasees, from liability for personal injury, property damage, wrongful death or other claims that may result from my being a Participant in the sport and activities of BK Kayaking specifically day sea kayak courses and extended sea kayaking group trips and paddle sports in general.

In consideration of being permitted to participate in any way in the sport and

activities of sea kayaking, and having voluntarily elected to participate, I, as

Participant and as parent(s) or guardian(s) of a Participant who is a minor, if

applicable), covenant and agree:

 

1.1. RULES, TERMS AND CONDITIONS OF PARTICIPATION

I have read and understand the Rules, Terms and Conditions of Participation

(and have explained them to my minor Participant, if applicable) and will comply

with them at all times. Management and/or professional guides, at their sole

discretion, may terminate my participation at any time if I fail to abide by the

Rules, Terms and Conditions of Participation. Management and/or

professional guides also reserve the right to modify or cancel sea kayaking

activities or trips due to unfavorable weather conditions or technical

difficulties.

 

1.2. APPRECIATION OF RISK

I comprehend and appreciate that there are foreseeable, unforeseeable and

inherent dangers and risks of harm involved in the sport and activities of

sea kayaking. I acknowledge that the activities can be physically and

mentally intense. I know and understand that the risk of injury from the

activities is significant, including the potential for partial or total disability,

paralysis and death, and while personal discipline can minimize this risk, the risk

of serious injury does always exist. I acknowledge there is a risk that my

personal property, including clothing, jewellery, equipment and the like, can be lost,

damaged or destroyed.

 

I recognize that these risks and dangers include, but are not limited to, those

arising from participating in an outdoor environment and exposed to the

elements. I acknowledge that these risks may arise from the conditions and use

of BK Kayaking and related equipment, including general strain injuries

from paddling, exposure to the elements including the water and wind,

colliding with, or being washed onto rocks, ledges, steep beaches, other

paddlers, marine animals or any other substance. I understand that these

risks and dangers may be caused by my negligence or the negligence of others,

including the Releasees.

 

I acknowledge and understand that included within the scope of this waiver and

release is any claim or cause of action arising from the performance, or failure to

perform, of any maintenance, inspection, supervision or control of said

equipment and for the failure to warn of dangerous conditions existing during a

sea kayak trip or excursion, for failure to maintain or inspect equipment supplied

to me, for negligent selection or retention of certain Releasees, or negligent

supervision or instruction by Releasees. I understand and agree that all of the

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risks and dangers described throughout this agreement, including those caused

by my negligence and/or others, are included within the waiver and release

described herein. I (and as parent(s) or guardian(s) of a Participant who is a

minor, if applicable), KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS,

BOTH KNOWN AND UNKNOWN.

 

1.3. RELEASE & DISCHARGE

I, (and as parent(s) or guardian(s) of a Participant who is a minor, if applicable),

HEREBY RELEASE, DISCHARGE AND HOLD HARMLESS the Releasees from

and against any and all claims, liability and/or causes of actions I may have or

that may be made on my behalf or by my spouse, children, heirs and legal

representatives, for death, wrongful death, personal injury (whether physical,

emotional and/or psychiatric or any combination thereof), loss of consortium,

property damage and/or breach of contract or any other damage, occasioned by,

arising out of or incidental to my participation in the activities of sea kayaking and

paddle sports in general WHETHER OR NOT RESULTING FROM OR CAUSED

BY NEGLIGENCE by, of and/or on the part of Releasees.

 

1.4. INDEMNITY

I shall defend, indemnify and save harmless Releasees from any and all claims,

actions, suits, procedures, costs, expenses, damages and liabilities, including

attorneys fees, brought as a result of my participation (or that of my minor

Participant, if applicable) and to reimburse them for any such expenses incurred.

I agree that this Agreement may be pleaded as a bar to any action, suit or

proceedings taken at any time against any Release by me (or on behalf of my

minor Participant, if applicable).

 

1.5. SEVERABILITY

I (and as parent(s) or guardian(s) of a Participant who is a minor, if applicable),

further expressly agree that the foregoing waiver, assumption of risks, release

and indemnity agreement is intended to be as broad and inclusive as is permitted

by the UK law and that if any portion thereof is held invalid, it is agreed that the

balance shall, notwithstanding, continue in full legal force and effect.

 

1.6. BINDING ON SUCCESSORS

This agreement binds the heirs, administrators, executors, personal

representatives, dependants (if any) and successors of the Participant and

ensures for the benefit of BK Kayaking, associated businesses & trading

companies and its successors and assigns.

 

1.7. DEFINITIONS

Releasees are BK Kayaking, its officers and employees, guides, instructors and all of its agents, representatives, affiliates, suppliers, or distributors.

Participant is the individual who is engaged in the sport and activities of sea

kayaking and/or paddle sports identified by NAME, ADDRESS, and

TELEPHONE as submitted at the end of this form. For any Participant who is

under the age of eighteen years, Participant includes the Participants parents,

guardians or legal representative.