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San Francisco Kayak & Adventures 

Membership Terms and Conditions

Please read the Membership Terms and Conditions carefully. Membership sign-up will indicate that you have read and understand the Membership Terms and Conditions and agree to them.

 

Many of the Membership Terms and Conditions are designed to protect San Francisco Kayak & Adventures and its monthly members from fraud. Our membership options create a situation where San Francisco Kayak & Adventures could experience considerable loss by individuals who would sign up for one or two months, take advantage of numerous high cost events, and then terminate their membership.

 

1. Month to month memberships begin with a minimum duration of 3 months. As a courtesy to you, San Francisco Kayak & Adventures will continue to debit your monthly membership fee each month from your credit, debit or PayPal account. Following your required payments please contact San Francisco Kayak & Adventures via phone or email when you wish to terminate your membership. The State of California requires a three-day "cooling-off" period. You will have three days from the day you sign up to change your mind. After this three-day wait you may sign up for any events as a member and until then you may come as a guest. For the duration of your contract and until you request termination you will be billed monthly from your memberships’ starting date.

 

REFUND POLICY: WE WILL DO EVERYTHING POSSIBLE TO ENSURE THE SATISFACTION OF ALL OUR MEMBERS. IF IT IS NECESSARY TO CONSIDER A REFUND FOR A MEMBER THE FOLLOWING POLICY WILL APPLY. A PROCESSING FEE FOR THE FULL ADVENTURE COST, PER ADVENTURE, YOU HAVE ALREADY ATTENDED WITH US WILL BE ASSESSED TO YOUR CREDIT, DEBIT OR PAYPAL ACCOUNT MINUS YOUR MONTHLY FEE.

 

2. Members agree to the use of his/her likeness for San Francisco Kayak & Adventures sales and marketing. San Francisco Kayak & Adventures retains the rights to all images taken during adventures.

 

3. San Francisco Kayak & Adventures reserves the right to terminate the membership of any person whose conduct has been shown to be offensive to any member or to the reputation of San Francisco Kayak & Adventures. We will also charge you the full price for each adventure you attended with us, minus your monthly fee.

 

4. San Francisco Kayak & Adventures will not be held responsible for venue pricing, availability, refund policies, or additional and unforeseen costs that may be contracted during each adventure.

 

5. All members agree that San Francisco Kayak & Adventures and its staff will not be held liable for the safety or conduct or their property while traveling to and from adventures.

 

6. Adventure availability is not guaranteed. We do have a high volume of attendees, and you may have to be wait-listed for a particular event or attend the same event at another time, usually within one month. Popular events are most often recycled within one month.

 

7. San Francisco Kayak & Adventures cancellation policy:

Space on all of our adventures is limited - to accommodate all who wish to participate, the following is San Francisco Kayak & Adventures cancellation & refund policy:

 

You must cancel, or reschedule, a minimum of 5 days prior to the date of your trip, a $25 per person processing fee will be charged. No refund will be given if your trip is canceled or rescheduled after the 5-day cancellation/rescheduling period.

 

San Francisco Kayak & Adventures reserves the right to cancel any trip due to: weather*, inadequate sign-up, or any unforeseen problem that would make the trip unsafe or nonviable. In such cases, clients will receive a credit towards a future trip. Our credit liability extends solely to the cost of the adventure trip and not to any travel and accommodation related expenses.

 

*Details about weather cancellations: The weather in the Bay Area can shift dramatically within a few hours and weather forecasting is often not accurate. The industry standard for weather cancellations is to wait until the day of the trip. San Francisco Kayak and Adventures will make every effort to contact you within a two-hour window prior to your scheduled tour if the weather dictates a cancellation.

 

Limit of Liability

Participant Agreement, Release, And Acknowledgment of Risk

In consideration of the services of San Francisco Kayak & Adventures, their agents, owners, officers, volunteers, participants, employees, and all other persons or entities acting in any capacity on their behalf. I hereby agree to release, indemnify, and discharge San Francisco Kayak & Adventures, on behalf of myself, my children, my parents, my heirs, assigns, personal representative and estate as follows:

 

1. I acknowledge that "adventure activities" such as kayaking, bicycling, hiking, and running (and other adventure activities) entails known and unanticipated risks, which could result in physical or emotional injury, paralysis, death, or damage to myself, to property, or to third parties. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity. The risks include, among other things: falling, collision, upset, striking obstructions or other person, unsafe speed of travel for conditions, head injuries, equipment failure, weather conditions including temperature exposure (hypothermia, sunstroke, sunburn, heat exhaustion), dehydration, and highway or roadway vehicles. Furthermore, San Francisco Kayak & Adventures guides have difficult jobs to perform. They seek safety, but they are not infallible. They might be unaware of a participant's fitness or abilities. They might misjudge the weather, the elements or the terrain. They may give inadequate warnings or instructions, and the equipment being used might malfunction.

 

2. I expressly agree and promise to accept and assume all of the risks existing in this activity. My participation in this activity is purely voluntary, and I elect to participate in spite of the risks.

 

3. I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless San Francisco Kayak & Adventures from any and all claims, demands, or causes of action, which are in any way connected with my participation in this activity or my use of San Francisco Kayak & Adventures equipment or facilities, including any such Claims which allege negligent acts or omissions of San Francisco Kayak & Adventures.

 

4. Should San Francisco Kayak & Adventures or anyone acting on their behalf, be required to incur attorney's fees and costs I agree to indemnify and hold them harmless for all such fees and costs.

 

5. I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while or else I agree to bear the costs of such injury or damage myself. I further certify that I have no medical or physical conditions which could interfere with my safety in this activity, or else I am willing to assume -- and bear the costs of -- all risks that may be created, directly or indirectly, by any such condition.

 

6. In the event that I file a lawsuit against San Francisco Kayak & Adventures, I agree to do so solely in the state of California, and I further agree that the substantive law of that state shall apply in that action without regard to the conflict of law rules of that state. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining portion; shall remain in full force and effect.

 

By activating this membership, I acknowledge that if anyone is hurt or property is damaged during my participation in these activities, I may be found by a court of law to have waived my right to maintain a lawsuit against San Francisco Kayak & Adventures on the basis of any claim from which I have released them herein. I have had sufficient opportunity to read this entire document. I have read and understood it, and I agree to be bound by its terms. My credit, debit or PayPal payments will indicate my agreement to these terms and Limit of Liability.

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