Agreement version 2026-08-30

Rental Terms & Liability Waiver

Effective August 30, 2026

These Rental Terms & Liability Waiver (the “Agreement”) apply to every booking and rental of kayaks, fishing gear, safety gear, and related services from Bay Kayak Fishing (“we,” “us,” or “our”). “Renter” and “you” mean the adult who makes or accepts the booking.

1. Booking eligibility and participant forms

You must be at least 18 years old and legally able to enter this Agreement to make a booking. You promise that the booking and contact information you provide is accurate and that you are authorized to make arrangements for the group. You must give every participant the safety rules and relevant terms before the rental.

Your online acceptance applies to you; it does not claim to waive the independent rights of another adult. Before launch, every adult participant must review and accept this Agreement, and a parent or legal guardian must accept it for each minor participant. We may collect a separate signature at check-in and may refuse to release equipment until all required forms are complete. Minors must remain accompanied and supervised by a responsible adult.

A reservation is complete only after we confirm it and, when online payment is enabled, payment is successfully completed. An unpaid checkout hold may expire and release the kayaks to another customer.

2. Charges and payment

You agree to pay the total shown in the booking summary. Stripe processes online card payments; we do not receive or store your full card number. Promo codes have no cash value and apply only under the conditions shown when accepted.

3. Customer cancellations, changes, and no-shows

To cancel or request a change, contact us at least 48 hours before the scheduled start time. With at least 48 hours’ notice, you may choose a refund of amounts paid or one free reschedule, subject to availability. Cancellations with less than 48 hours’ notice, no-shows, late arrivals, unused rental time, and early returns are not eligible for a refund except at our discretion or where required by law. Removing a participant for violating this Agreement does not create a right to a refund.

4. Weather and operating decisions

Ocean rentals are weather and conditions permitting. We alone decide whether conditions are suitable for our rentals and may cancel, delay, shorten, relocate, restrict, or end a rental for safety. If we cancel the rental because of unsafe weather or ocean conditions, you may choose a full refund or a free reschedule. If we are operating and you decide not to participate, the customer cancellation rules above apply.

Forecasts and observations are informational only. Conditions can change quickly and can be different outside a harbor or breakwater. Our decision to operate is not a guarantee that the water will remain calm or that the activity is safe for every person.

5. Check-in, boundaries, and return

Arrive in time for equipment fitting and the required launch and safety briefing. Operating hours are Daily, 6 AM to 12 PM (weather permitting). You must stay within the area approved at check-in, monitor the provided communication equipment, follow staff instructions, and return to the designated place by the stated return time. You must immediately return or seek the nearest safe landing if instructed or if conditions exceed your ability.

6. Safety rules and renter responsibilities

• Wear the properly fitted, fastened PFD we provide at all times on or near the water.
• Complete the briefing and inspect the kayak, drive, paddle, PFD, radio, and other gear before launch.
• Do not participate while impaired by alcohol, cannabis, illegal drugs, or medication that makes operation unsafe.
• Tell us before launch about inability to swim, medical conditions, mobility limitations, or other circumstances relevant to safe participation.
• Do not exceed equipment limits, carry unauthorized passengers, tow or be towed, race, lend the equipment, alter it, or use it after dark.
• Keep clear of vessels, swimmers, rocks, surf, restricted areas, marine protected areas, and hazards identified at the briefing.
• Use reasonable care, obey navigation and fishing laws, and report any collision, capsize, injury, loss, or damage promptly.

We may refuse or end a rental when we reasonably believe a participant, equipment choice, or condition is unsafe or this Agreement has been violated.

7. Fishing laws

Each angler is responsible for knowing and following the rules in effect that day, including licensing, seasons, species, size and bag limits, gear restrictions, report cards, and marine protected areas. California generally requires a valid sport fishing license for anglers age 16 or older. Regulations can change in season; rental staff do not provide legal advice or guarantee that a particular species or area is open.

8. Equipment care, loss, and damage

You accept custody of the equipment from check-out until it is returned to us. Do not abandon equipment unless necessary to protect a person from immediate danger; notify us as soon as it is safe. You are responsible for reasonable repair, replacement, and recovery costs for loss or damage caused by your misuse, unauthorized use, negligence, intentional conduct, or breach of this Agreement. You are not responsible for ordinary wear, a disclosed condition, or a latent defect not caused by you. We will document and separately invoice any claimed amount; this Agreement does not authorize an undisclosed automatic card charge.

9. Acknowledgment and assumption of risk

You understand that ocean kayaking and fishing involve inherent and other risks, known and unknown, foreseeable and unforeseeable. These include capsizing, falling overboard, drowning, cold-water exposure, hypothermia, sun exposure, fatigue, overexertion, seasickness, panic; changing wind, waves, wakes, tides, currents, fog, surf, weather and water conditions; rocks, reefs, kelp, fishing hooks and sharp gear; equipment failure or misuse; collision with vessels, people, wildlife, or fixed objects; delayed communication, rescue, or medical care; and the acts or omissions of you, other participants, staff, boaters, or third parties. Injuries may include permanent disability or death, and property may be lost or damaged.

You voluntarily choose to participate and knowingly assume all risks of participation and use of the equipment, including risks arising from the ordinary negligence of the Released Parties described below, to the fullest extent California law permits.

10. Release and waiver of liability

To the fullest extent permitted by law, you release, waive, and covenant not to sue Bay Kayak Fishingand its owners, employees, contractors, agents, affiliates, equipment suppliers, and each equipment or launch-site owner (the “Released Parties”) for claims, demands, damages, losses, liabilities, or causes of action arising from or related to your rental, presence at the launch, participation, or use of equipment, including claims caused in whole or in part by a Released Party’s ordinary negligence. This includes ordinary-negligence claims involving equipment selection, inspection or maintenance; warnings or instructions; launch or route selection; supervision; or emergency response.

This release does not apply to gross negligence, reckless or intentional misconduct, fraud, product-liability claims, violations of law, or any other liability that cannot lawfully be released. It also does not waive rights belonging solely to another adult participant.

11. Indemnity for your conduct

To the fullest extent permitted by law, you agree to defend, indemnify, and hold the Released Parties harmless from third-party claims and reasonable costs caused by your negligence, intentional misconduct, unauthorized use, or material breach of this Agreement. This provision does not require you to indemnify a Released Party for that party’s own negligence or for liability that cannot lawfully be shifted to you.

12. Emergency response

In an emergency, you authorize us to contact emergency services and share reasonably necessary booking or safety information. Rescue and medical care cannot be guaranteed and may be delayed. You remain responsible for charges imposed by third-party rescue or medical providers to the extent allowed by law.

13. Electronic acceptance

Pressing the booking confirmation button after the Agreement link is displayed is your electronic acceptance of this Agreement and is intended to have the same effect as a signature. We may retain your name, booking number, acceptance time, and Agreement version as evidence of that acceptance. You may save or print this page for your records.

14. General terms

California law governs this Agreement, without regard to conflict-of-law rules. If any part is found unenforceable, it will be enforced to the maximum extent allowed and the remaining parts will continue in effect. A failure to enforce a term once is not a waiver. This Agreement, the booking summary, and any participant form signed at check-in are the entire agreement about the rental and replace earlier statements on the same subject. A change is effective only if made in writing by us, except that staff may give immediate operational and safety instructions.

15. Contact

Questions, cancellations, and requests may be sent to [email protected]or made by phone at (408) 914-0257.