Cariway kayaking participant agreement (demo draft) · Version 2

1. Parties, activity and scope

The activity provider identified in the activity record is the Provider. The named adult participant is the Participant; for a child, the named parent, legal guardian or authorised adult is the Signer. This agreement applies only to the kayaking or paddleboarding session, date, time, location and participant shown in the record, including the safety briefing, launch, supervised paddling and return. It does not cover diving, motorised boating, transport, accommodation or a different activity. WukHub provides the booking and consent-record service; this agreement does not identify WukHub as the activity operator or release WukHub from liability for its own acts or omissions. The Provider must confirm the correct legal business identity and contact details before using this agreement for a real activity.

2. Significant risks and voluntary participation

Kayaking and paddleboarding involve hazards that cannot all be eliminated by reasonable care. These include unstable craft, capsizing, falling into water, entrapment, currents, tides, waves, sudden changes in weather, offshore wind, lightning, uneven or slippery launch areas, contact with rocks or submerged objects, collisions with craft or people, marine life, sun exposure, dehydration, fatigue and separation from the group. Immersion can occur without warning. Flotation equipment reduces risk but does not guarantee safety or prevent drowning. Injury, illness, permanent disability and death are possible. Communications, rescue and medical treatment may be delayed by distance, weather or access. I acknowledge these material risks, have an opportunity to ask the Provider questions and voluntarily choose whether to participate. A parent or guardian makes that participation decision for the named child under the child-consent terms; a child does not give an adult release.

3. Fitness, safety duties and stopping participation

Before departure I will tell the Provider privately about swimming ability, relevant health or mobility limitations, medication effects, access needs or other circumstances that may affect safe participation. I will not participate while impaired by alcohol, drugs or another substance or condition that prevents safe participation. I will attend the safety briefing, use a correctly fitted personal flotation device as instructed, remain in the designated area, follow reasonable guide instructions and promptly report illness, distress, lost equipment or a hazard. I will not deliberately endanger another person or use equipment outside the instructions. I may ask questions, decline an unsafe instruction and stop participating by informing the guide and following a safe return procedure. The Provider may refuse, pause or end participation for safety reasons. These duties do not remove the Provider’s own duty to exercise reasonable care, maintain suitable equipment and respond appropriately to conditions. Refunds remain governed by the disclosed booking policy and applicable law.

4. Adult assumption of risk and limited release

This section applies only to a Participant signing their own adult agreement, who is at least 18 on the activity date and has legal capacity to consent. In consideration of being permitted to participate, I accept the disclosed inherent risks that remain when the Provider exercises reasonable care. To the extent permitted by applicable law, I release the Provider and its staff acting within their activity duties from my own claims for injury, death or property loss caused solely by those inherent risks. I do not release claims caused or contributed to by negligence, breach of a duty of reasonable care, defective or improperly maintained equipment, fraud, reckless or intentional misconduct, breach of statutory duty, or any liability or consumer right that cannot lawfully be excluded. This agreement does not impose an indemnity for another person’s wrongdoing, waive a child’s claims, waive another person’s independent claims, require arbitration or limit liability to the booking price. The Provider bears the burden of establishing any legally available defence; this wording does not determine the outcome of a claim.

5. Emergency assistance

If an emergency occurs, I authorise the Provider to contact emergency services and the recorded guardian where relevant, and to take reasonable immediate steps within the Provider’s training and lawful authority to protect life and obtain assistance. Necessary information may be shared with emergency responders. A qualified healthcare professional determines treatment and consent requirements under applicable law, including any rights of a young person to consent personally. This agreement does not authorise unnecessary procedures, override a lawful refusal or guarantee rescue or insurance cover. Responsibility for treatment or rescue costs is determined by applicable law and separately agreed terms; this form is not permission to charge an unspecified amount or a payment mandate.

6. Information, evidence and privacy

The consent record contains the participant and signer details, child date of birth where applicable, guardian or delegated-authority details, activity facts, agreed document version, selected declarations, signing time and verification evidence, including email-verification result, IP address and browser information. The Provider, WukHub and authorised personnel may use these records to administer participation, establish what was agreed, respond to disputes and comply with legal obligations; access is limited to those purposes. Records may be disclosed to professional advisers, insurers, emergency responders or competent authorities where necessary and lawful. This agreement does not grant marketing permission or require public publication of a signed form. Contact the Provider or WukHub through their published contact details to request access, correction or information about retention. Requests do not permit falsifying a historical agreement, and legally required retention may limit deletion. Keep secure copy links private.

7. Electronic signature and a copy of the agreement

I consent to complete this agreement electronically. I will review the full wording, correct any inaccurate participant or authority information and ask the Provider any questions before signing. By entering my full name, completing the email-code process, selecting each applicable agreement box and submitting the signing form, I intend to sign and be bound only in the capacity expressly identified in this record. I will use my own signing session and will not let another person sign an adult agreement in my name. Email verification and the recorded declarations form evidence of this process. A secure copy is made available after submission and may be saved or printed. Opening an invitation, reading terms, making a payment or leaving an optional box unchecked is not a signature. If I cannot use this process or do not agree, I will contact the Provider before the activity to discuss an alternative; participation remains subject to lawful safety and consent requirements.

8. Applicable law, changes and preserved rights

For the activity in Saint Vincent and the Grenadines described in this record, this agreement is intended to be governed by the law of Saint Vincent and the Grenadines, subject to any mandatory law or consumer protection that applies. Courts with lawful jurisdiction remain available; no exclusive forum, mandatory arbitration or shortened limitation period is imposed by this agreement. If a provision is unenforceable, it applies only to the extent lawfully permissible and the remaining provisions continue so far as lawful; severability does not make an otherwise invalid release valid. This record covers the specified activity and participant only. A material change to the activity facts or terms requires a new disclosure and fresh consent; no website update silently changes an existing signed record. Booking charges, cancellation, refunds and insurance are governed by their separately disclosed terms and applicable law. Signing this agreement does not itself change payment, booking acceptance or capacity.