ADDITIONAL TERMS OF USE – KAYAKS.

Updated 2/27/24

In addition to the terms and conditions set forth in the Rental Agreement, when you use our kayaks, you are required to abide by the rules set forth in these Additional Terms of Use, which we may revise, in our sole discretion from time to time and without prior notice. By using a Fin kayak, you are deemed to have accepted and agree to abide by the Terms of Use set forth below. Failure to abide by these Additional Terms of Use or any part of the Rental Agreement may result in fines, penalties, or suspension or termination of your account. Any capitalized term not defined herein shall have the meaning set forth in the Rental Agreement.

 

SECTION 1 INHERENT RISKS

 

Use of Kayaks is not without risk. Certain risks are inherent in kayaking and cannot be eliminated or controlled without destroying the unique character of the activity of kayaking. These inherent risks are some of the same elements that contribute to the unique character of this activity and can be the cause of loss or damage to equipment, accidental injury, illness, or in extreme cases, permanent trauma, or death. You hereby contractually agree that such risks exist and that the below risks are inherent to the activity of kayaking. The following describes some, but certainly not all, of those risks:

  • Turning over while boating and becoming wet or submerged;
  • The threat of bodily harm or even death due to visible, hidden, or unmarked obstacles, including but not limited to rocks, trees, and other boaters;
  • Drowning;
  • Hypothermia and/or cold-water immersion which can result in shock or heart failure;
  • Exposure to poisonous or harmful plants, animals, insects, and reptiles;
  • Changes in water level that can create high-water conditions and dangerous floating
  • or submerged debris;
  • Inclement weather that may develop while on the water or while on land;
  • Lack of prompt or adequate medical attention due to the unique and possibly remote
  • location or failure of phone or cell service;
  • Failure of equipment;
  • Getting lost;
  • NEGLIGENCE ON THE PART OF FIN OR THEIR STAFF.

 

SECTION 2 PROHIBITED ACTS.

  • You may not use a Kayak if You are under 18 years of age.
  • You must not conduct yourself in any manner or otherwise impede the safe operation of the Kayak while using the Kayak, unless in an emergency situation. Such prohibited conduct includes operating a Kayak while under the influence of any alcohol, drugs, medication, or other substance; use of any cellular telephone, tablet, laptop, text messaging device, portable music player, or other device; carrying any backpack, bag, or other item on the kayak or on your person. Maryland law prohibits the use of a kayak while under the influence of alcohol or drugs. Md. Code § 8-738.
  • Each Kayak is intended for use by one person only; You may not carry, tow, or otherwise transport a second person (including a child or pet) while using a Kayak.
  • You may not Rack or lock any Kayak other than a Fin Kayak in or on any Rack.
  • You may not bring or load a Kayak into or onto a vehicle, or ride or transport a Kayak outside of the specified areas associated with each individual Rack.
  • You may not use any locking mechanism, other than the locking mechanism provided by Fin at the Rack to lock a Kayak to a Rack.
  • You may not violate any applicable federal, state, or local law, or any command or instruction from Coast Guard, Natural Resources Police, or other law enforcement personnel, including those for Kayak paddlers.
  • You may not modify, dismantle, write on, or otherwise alter or deface a Kayak or any part of a Kayak in any way. You may not write on, peel, or otherwise modify or deface any sticker on a Kayak in any way. You may not use a Kayak for any advertising or similar
  • commercial purpose.
  • You may not attach anything to a Kayak, including but not limited to baskets, cup-holders, electric or mechanical drives, fishing rod mounts, or child seats. You may not exceed the maximum weight limit for the Kayak, and You may not otherwise use the cargo areas improperly with regard to type of contents or any visual obstruction or riding impediment.
  • You may not allow others to use a Kayak that You have removed from a Rack. You understand that when You remove a Kayak from a Rack, the Kayak may be used only by You. You may not transfer a mechanical lock code or any other unique Member
  • information to any other person.

YOU UNDERSTAND AND ASSUME THE RISKS OF YOUR VIOLATION OF ANY PROHIBITED ACT SET OUT IN THIS SECTION. SUCH RISKS ARE SIGNIFICANT AND INCLUDE THE RISKS OF INJURY OR DEATH TO YOU AND OTHERS, DAMAGE TO OR DESTRUCTION OF YOUR AND OTHERS’ PROPERTY, AND THE POTENTIAL THAT YOU WILL BE CITED OR ARRESTED FOR VIOLATION OF APPLICABLE LAWS.

 

SECTION 3 YOUR RESPONSIBILITY TO ASSESS CONDITIONS AND PERSONAL COMPETENCY.

It is Your responsibility to assess whether You are physically able and reasonably competent to safely operate the Kayak. It is recommended that a Kayak not be used or operated in poor or dangerous weather conditions, current or forecasted, including a small craft advisory, rain, high winds, or other adverse weather conditions such as thunderstorms, which could make it more dangerous to operate a Kayak. It is Your responsibility to assess the applicable weather conditions, both current and future or forecasted, to assess the potential and changing challenges brought by such conditions, and to make decisions regarding the physical and environmental conditions in which You use the Kayak. You agree that Fin is under no obligation or duty to provide guidance to You in making Your assessment or decisions regarding Your use of Fin’s Services and Kayak. It is Your responsibility to adapt Your behavior to the weather conditions and, if appropriate, return Your Kayak to an available Rack.

 

SECTION 4 KAYAK SAFETY INSPECTION.

Before each use of a Kayak, You must conduct a safety inspection of the Kayak which includes inspecting for all of the following:

  1. hull integrity, including holes, or potential areas that could leak;
  2. seat and seat back;
  3. paddle,
  4. PFD for wear and tear including missing or broken buckles or straps and, no sign of damage, unusual or excessive wear, or other problem or maintenance need.

You may not use the Kayak if You notice any problem with the proper functioning of the Kayak or a safety issue; and, in such case, You must promptly notify Fin of all problems and issues, and You must use a different Kayak. You must not attempt to repair any Kayak.

 

SECTION 5 REMOVING A KAYAK FROM A RACK.

To remove a Kayak for use on the water You must start and follow the instructions and procedure found in the Fin app.

 

SECTION 6 RETURNING KAYAK TO A RACK.

To return a Kayak, secure the Kayak into the Rack from which you rented it, ensuring the locking cable is placed through both arm holes of the PFD, is secured to the lock. The paddle should be placed neatly back into the kayak or its holder. You must then take a picture to verify the security and condition of the Kayak, and include visual evidence of the lock closed, and/or cable is attached to the Kayak and Rack, cable is placed through both arm holes of the PFD, and Kayak has no damage. Any Kayak or PFD that is not properly secured remains Your sole responsibility, and the usage fees set forth in Section II will be charged until the Kayak is properly secured. If You fail to properly secure a Kayak to end your rental, Fin may charge You a recovery and re-Racking fee of $30.

 

SECTION 7 PERSONAL FLOATATION DEVICE (PFD), COMMUNICATION; SAFETY.

Maryland code of regulations requires that each user have a properly fitted Coast Guard Approved (type I, II, III), personal flotation device (“PFD”) on board the Kayak while the Kayak is underway, i.e. in use. Md. Code Regs. 08.18.04.02.

It is strongly recommended for safe operation of a Kayak that You wear a U.S. Coast Guard approved PFD (type I, II, III) that has been properly sized, fitted, and fastened, according to the manufacturer’s instructions, and which is provided in your Kayak rental. Wearing a PFD as described above while paddling may protect against or may lessen the severity of an injury or the chance of death caused by drowning. U.S. Coast Guard approved PFD (type I, II, III), however, are NOT 100% effective, do NOT protect against all drowning situations, and do NOT protect against other injuries or conditions such as hypothermia. FIN AND THE OTHER RELEASED PARTIES DO NOT REPRESENT OR WARRANT THE QUALITY OR SAFETY CHARACTERISTICS OF ANY U.S. COAST GUARD APPROVED PFD (TYPE I, II, III), AND YOU AGREE THAT FIN AND THE OTHER RELEASED PARTIES ARE NOT LIABLE FOR ANY INJURY SUFFERED BY YOU WHILE USING ANY OF THE SERVICES OR KAYAKS, WHETHER OR NOT YOU ARE WEARING A U.S. COAST GUARD APPROVED PFD (TYPE I, II, III) OR OTHER PROTECTIVE GEAR AT THE TIME OF INJURY. YOU ASSUME ALL RISKS OF NOT WEARING A U.S. COAST GUARD APPROVED PERSONAL (TYPE I, II, III) FLOATATION DEVICE OR OTHER PROTECTIVE CLOTHING AND GEAR. You agree that, when using any of the Services or Recreational Equipment, You might need to take additional safety measures and precautions that are not specifically addressed in this Agreement.

To properly fit a PFD:

  1. Check PFD label for the appropriate weight or chest size.
  2. Inspect the PFD for wear and tear as detailed in Section III.2.
  3. Put the PFD on.
  4. Buckle all straps and tighten or zip up all zippers. Make sure all straps can be buckled and zippers zipped.
  5. Lift your arms over your head and have another person gently lift the PFD by the top of the arm openings or shoulder straps. If the jacket rises above your ears, it is too big or needs to be further tightened. If the straps or zippers of the PFD don’t close, then the PFD is too small.

It is recommended that you carry a cell phone in a water-protected case during your Trip. YOU UNDERSTAND AND AGREE THAT FIN IS UNDER NO OBLIGATION TO HELP OR RESCUE YOU if needed. YOU AGREE THAT FIN IS NOT LIABLE OR RESPONSIBLE FOR LOSS OR DAMAGE OF YOUR DEVICE. FURTHER, FIN DOES NOT REPRESENT OR WARRANT THAT CELL COVERAGE WILL BE AVAILABLE OR CONSISTENT DURING THE COURSE OF YOUR TRIP.

 

SECTION 8 ESSENTIAL ELIGIBILTY REQUIREMENTS

You agree that you are sufficiently fit and physically capable to safely use a Kayak without any risk to Your health. This includes, but is not limited to, the ability to:

  • Be the minimum age of 18.
  • Wear a U.S. Coast Guard approved PFD (type I,II,III).
  • Maintain a safe body position while attempting normal Kayak skills and activities and have the ability to recognize when such efforts would be unsafe given your personal situation. This means the ability to remain balanced while seated on top of the Kayak while navigating and maneuvering the Kayak.
  • Lift and remove and load a Kayak from a Rack independently or with reasonable assistance of a friend or family member.
  • Breathe independently (i.e., not require medical devices to sustain breathing).
  • Independently maintain sealed airway passages while under water.
  • Independently hold head upright without neck / head support.
  • Manage personal care independently or with reasonable assistance of a friend or family member.
  • Manage personal mobility independently.
  • Follow written, verbal, and non-verbal instructions and effectively communicate independently or with assistance of a companion.
  • Independently turn from face-down to face-up and remain floating face up while wearing a properly fitted PFD.
  • Independently board or disembark a Kayak.
  • Independently get out and from under a capsized Kayak.
  • Independently reenter or remount the Kayak following deep water capsize OR maintain physical contact with and hang on to the Kayak.
  • If taking prescription medications, have the ability to maintain proper dosage by medicating independently or with the reasonable assistance of a friend of family member.
  • Independently remain adequately fed, hydrated, and properly dressed so as to avoid environmental injuries such as hypothermia, heat-related illness, and sunburn.

 

SECTION 9 LAUNCHING AND PADDLING LOCATIONS

YOU REPRESENT, WARRANT, AND AGREE THAT THE RELEASED PARTIES ARE NOT RESPONSIBLE FOR PROVIDING OR MAINTAINING LAUNCH LOCATIONS FOR KAYAK, AND THAT THE RELEASED PARTIES DO NOT GUARANTEE THAT THERE WILL ALWAYS BE A SAFE PLACE TO LAUNCH AND USE A KAYAK. Further, launch areas may consist of hard surfaces and slippery conditions which could contribute to slipping, falling, and injury.

Bodies of water and Kayak routes, even those that we may recommend, may become dangerous due to weather, boat traffic, or other hazards.

You are expected to yield to all other boats.

  • Do not assume they can see you.
  • Large boats are not maneuverable. It may be impossible for them to avoid you making it imperative that you get out of their way.

 

SECTION 10 LIMITATIONS ON AVAILABILITY OF KAYAKS.

It is Fin’s goal to provide the Services and Kayaks for all days of year that are deemed safe for paddle-sports (open to close, based on posted hours). Fin, however, does not guarantee that the Services and Recreational Equipment will be available at all times, as force majeure events or other circumstances might prevent Fin from providing the Services and Recreational Equipment from time to time.

Fin reserves the right to suspend its Services for any reason at any time including suspension of Services based on water and air temperatures and other weather conditions such as forecasted high winds, foul weather, small craft advisories, etc. Season open and close is not predetermined and will vary based on conditions and other considerations by Fin.