Terms of Service:

The following terms and conditions govern all use of the Riverwitchkayak.com website and all content, services and products available at or through the website (taken together, the Website). The Website is owned and operated by RiverWitch Kayak Rentals & Tours, LLC. The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, RiverWitch Kayak Rentals & Tours, LLC’s Privacy Policy) and procedures that may be published from time to time on this Site by RiverWitch Kayak Rentals & Tours, LLC (collectively, the “Agreement”).

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by RiverWitch Kayak Rentals & Tours, LLC, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.

Responsibility of Website Visitors. 

RiverWitch Kayak Rentals & Tours, LLC has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, RiverWitch Kayak Rentals & Tours, LLC does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. RiverWitch Kayak Rentals & Tours, LLC disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.

Content Posted on other Websites. 

We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which Riverwitchkayak.com links, and that link to Riverwitchkayak.com. RiverWitch Kayak Rentals & Tours, LLC does not have any control over those non-RiverWitch Kayak Rentals & Tours, LLC websites and webpages, and is not responsible for their contents or their use. By linking to a non-RiverWitch Kayak Rentals & Tours, LLC website or webpage, RiverWitch Kayak Rentals & Tours, LLC does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. RiverWitch Kayak Rentals & Tours, LLC disclaims any responsibility for any harm resulting from your use of non-RiverWitch Kayak Rentals & Tours, LLC websites and webpages.

Copyright Infringement and DMCA Policy. 

As RiverWitch Kayak Rentals & Tours, LLC asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Riverwitchkayak.com violates your copyright, you are encouraged to notify RiverWitch Kayak Rentals & Tours, LLC in accordance with RiverWitch Kayak Rentals & Tours, LLC Digital Millennium Copyright Act (“DMCA”) Policy. RiverWitch Kayak Rentals & Tours, LLC will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. RiverWitch Kayak Rentals & Tours, LLC will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of RiverWitch Kayak Rentals & Tours, LLC or others. In the case of such termination, RiverWitch Kayak Rentals & Tours, LLC will have no obligation to provide a refund of any amounts previously paid to RiverWitch Kayak Rentals & Tours, LLC.

Intellectual Property. 

This Agreement does not transfer from RiverWitch Kayak Rentals & Tours, LLC to you any RiverWitch Kayak Rentals & Tours, LLC or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with RiverWitch Kayak Rentals & Tours, LLC. RiverWitch Kayak Rentals & Tours, LLC, Riverwitchkayak.com, the Riverwitchkayak.com logo, and all other trademarks, service marks, graphics and logos used in connection with Riverwitchkayak.com, or the Website are trademarks or registered trademarks of RiverWitch Kayak Rentals & Tours, LLC or RiverWitch Kayak Rentals & Tours, LLC’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any RiverWitch Kayak Rentals & Tours, LLC or third-party trademarks.

Partner Products. 

By activating a partner product (e.g. theme) from one of our partners, you agree to that partner’s terms of service. You can opt out of their terms of service at any time by de-activating the partner product.

Changes. 

RiverWitch Kayak Rentals & Tours, LLC reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. RiverWitch Kayak Rentals & Tours, LLC may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

Termination. RiverWitch Kayak Rentals & Tours, LLC may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your CRiverwitchkayakg.com account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a paid services account, such account can only be terminated by RiverWitch Kayak Rentals & Tours, LLC if you materially breach this Agreement and fail to cure such breach within thirty (30) days from RiverWitch Kayak Rentals & Tours, LLC’s notice to you thereof; provided that, RiverWitch Kayak Rentals & Tours, LLC can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Disclaimer of Warranties. 

The Website is provided “as is”. RiverWitch Kayak Rentals & Tours, LLC and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither RiverWitch Kayak Rentals & Tours, LLC nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.

Limitation of Liability. 

In no event will RiverWitch Kayak Rentals & Tours, LCC or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to RiverWitch Kayak Rentals & Tours, LLC under this agreement during the twelve (12) month period prior to the cause of action. RiverWitch Kayak Rentals & Tours, LLC shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

General Representation and Warranty. 

You represent and warrant that (i) your use of the Website will be in strict accordance with the RiverWitch Kayak Rentals & Tours, LLC Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.

Indemnification. 

You agree to indemnify and hold harmless RiverWitch Kayak Rentals & Tours, LLC, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.

Miscellaneous. 

This Agreement constitutes the entire agreement between RiverWitch Kayak Rentals & Tours, LLC and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of RiverWitch Kayak Rentals & Tours, LLC, or by the posting by RiverWitch Kayak Rentals & Tours, LLC of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the State of Florida, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Volusia County, Florida. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in DeLand, Florida, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; RiverWitch Kayak Rentals & Tours, LLC may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

Release of Liability Statement:

In consideration of RiverWitch Kayak Rentals & Tours, LLC (RKR&T) furnishing services and/or equipment and/or camping facilities to enable me to participate in kayaking, standup paddle boarding (SUP), camping or other recreational activities I agree as follows:

I fully understand that there are risks, hazards and dangers associated with the services and activities provided by RKR&T. These risks include, equipment failures, the uncertainties of the river or of the weather, hazards in the river, collisions while traveling by vehicle or on the river, altercations with other people on the river, including altercations with other participants in the same activity, and theft of property whether in or outside my vehicle. I am voluntarily participating in these activities and am using the services of RKR&T with full knowledge of the risks involved and I accept and assume all risks of the activities and services whether or not described above, known or unknown, foreseeable or unforeseen. I understand that these risks may include loss of property or injury to person or death. 

I am physically/mentally able to participate in water sport activities in which I am about to engage and able to board and disembark a kayak/SUP unaided and I will not hold RKR&T, its employees, agents, endorsers or other associated parties responsible if I am injured as a result of ANY problems (medical, accidental or otherwise) which occur while paddling or riding in the kayak/SUP or participating in the trip. 

I understand I have a duty to exercise reasonable care of my own safety and I agree to do so. Water shoes, insect repellant, sunscreen and water are my responsibility. I will alert my guide immediately during my trip or lesson if I am uncomfortable with my kayaking/SUP abilities.

I understand that the guides/instructors have limited medical facilities. Appropriate medical care must be summoned by phone and treatment will be delayed until I can be returned to shore and/or transported to a proper care facility.

I agree for myself and for all minors for whom am parent or guardian for my heirs, successors and assigns, that I release RKR&T, its owners, agents and employees from any and all claims, damages, and injuries, including all injuries to person or to property, arising directly or indirectly out of the activities or services provided by RKR&T. This release and the following indemnification includes any claims arising, in whole or in part from negligent acts or omissions of RKR&T, its owners, agents or employees. I specifically understand that I am releasing, discharging and waiving any claims, expenses and demand, including attorney fees, or actions that I may have presently or in the future for the negligent acts or other conduct by the owners, agents, officers or employees of RKR&T, that are related, directly or indirectly, to my, or any minor for whom I am parent or guardian, use or participation in the services or activities provided by RKR&T. You have the right to refuse to sign this form and RKR&T has the right to refuse participation if you do not sign this form.

Rental Agreement Statement:

I understand that my credit card number will be held as a deposit for my equipment return and damage deposit and for any late fees incurred. I am responsible for the return of this equipment in the same state in which I received it. I agree to pay in full for any cleaning, repairs or replacement if the equipment is dirty, damaged, or lost. I understand that I will need to review and initial the Equipment Checklist. I understand Florida requires sales tax to be collected on all rentals.

I agree to clean, repair, or replace in a manner acceptable to RiverWitch Kayak Rentals & Tours, LLC any of the equipment  not returned in the condition in which I rented it. If I fail to clean, repair, or replace such equipment in an acceptable manner, I will pay RiverWitch Kayak Rentals & Tours, LLC the cost incurred in cleaning, repairing, or replacing the equipment as determined by RiverWitch Kayak Rentals & Tours, LLC. 

I am aware that kayaking/camping is a dangerous sport and I am aware of the dangers of kayaking/camping. I understand that RiverWitch Kayak Rentals & Tours, LLC is in no way responsible for my safety of the equipment I am renting. 

I understand that RiverWitch Kayak Rentals & Tours, LLC makes no warranty as to the fitness or suitability of the equipment. I am fully responsible for my own safety, the safety of others present, and for the equipment.

I agree to assume all risks in connection with the use of the equipment, whether foreseen or unforeseen and whether or not caused by the fault or negligence of RiverWitch Kayak Rentals & Tours, LLC and/or its employees. I also agree to release RiverWitch Kayak Rentals & Tours, LLC and/or its employees from all liability for any harm, injury or damage, which may befall myself, others or the equipment I rent. I also agree to indemnify and save and hold harmless RiverWitch Kayak Rentals & Tours, LLC or its employees from any claim by me, my family, estate, heirs, assigns or any third party arising out of my rental of the equipment. I assume all responsibility for my health and well-being. 

Social Media

I understand that photos and/or videos may be taken and authorize RiverWitch Kayak Rentals & Tours/ LLC to use such photos/videos for websites and social media. To opt out, please contact RKR&T directly.

Reservation Policy:

Must be 18 years of age to make a reservation.

Anyone under the age of 18, must be accompanied by a parent or legal guardian.

Children under the age of 2 years old will not be permitted.

Damage/Loss of Equipment Policy: 

I acknowledge that if I lose or damage lifejackets, paddles, kayak or paddleboard, the following expenses stated below may be charged to my credit card provided, as an additional charge to the rental fee.

Paddle Replacement: $45.00/each;

Lifejacket Replacement: $15.00/each;

Single and Double Kayak Replacement: $450.00 – $700.00;

Paddleboard Replacement: $450.00 – $500.00;

Repair to Kayaks: $100.00/minimum

Tent – 3-person dome: $40.00

Sleeping Bag 1-person: $20.00

Sleeping Hammock 1-person: $15.00

Sleeping Hammock w/net: $45.00

Picnic Backpack w/accessories: $45.00

Cancellations:

All cancellations must be made at least 48 hours in advance. There are no refunds for any rentals or tours canceled within less than 48 hours’ notice. A late fee will be charged at the hourly rental rate for each rental returned each hour after the scheduled return time.

All kayaks are cleaned prior to rental. There will be a $15 cleaning fee for kayaks rented for overnight camping and returned dirty, a $25 fee for any kayak returned with any smelly residue of fish or bait and $35 fee for wet or dirty camping equipment. There is water available at our rental site for rinsing of gear and cleaning of kayaks. You are more than welcome to use this in cleaning of your gear. All cleaning fees will be charged to the credit card we have on file. Please be courteous and clean your gear prior to checking it in.

For visitors wishing to backcountry camp in the Canaveral National Seashore, primitive camping is available on designated islands throughout the Intracoastal Waterway/Indian River/Mosquito Lagoon. These campsites are available by reservation only and require a permit. Go to Recreation.gov for more information. Please be courteous to the environment and practice Leave No Trace: If you pack it in, then be sure to pack it out.