Terms & Conditions
Introduction
The website located at https://www.baldyshoreskayaking.com (the "Website") and all its content are owned by Baldy Shores Kayaking, LLC ("the Company"). This agreement constitutes a legally binding contract between you ("user(s)" or "you") and the Company. By using the Website or its services, you agree to these terms, any participant agreements, releases, liability waivers, and the Privacy Policy.
Your Acceptance of This Agreement
You must read this agreement before using the Website. By accessing, viewing, or using the Website, you agree to be bound by these terms. If you do not agree, you must stop using the Website immediately.
Booking Your Kayaking Rental
Before booking, you must review all policies on the Website, including those related to cancellations, weather conditions, and eligibility. You are required to sign a liability waiver and participation agreement before your trip. You acknowledge the physical demands of kayaking and confirm your fitness to participate. All booking prices are listed in U.S. Dollars.
Cancellations and Refund Policy
- Customer-Initiated Cancellations: You can cancel your trip at least 48 hours in advance for a full refund by emailing info@baldyshoreskayaking.com with your details and "CANCELLATION" in the subject line.
- Company-Initiated Cancellations: The Company may cancel trips due to severe weather (e.g., thunderstorms). In this case, you will receive a full refund.
- Refunds are not issued if you stop short of the trip's endpoint. Kayak rentals have a maximum weight limit of 275 lbs, and participants must meet age and ability requirements.
Responsibility for Personal Property
The Company is not liable for any lost, stolen, or damaged personal property you bring on your trip or leave in your vehicle. You are responsible for securing your belongings.
Disclaimers
The Company does not guarantee the accuracy, availability, or reliability of the Website and its content. The Website and services are provided "as is," without warranties of any kind. Use of the Website is at your own risk. The Company is not liable for any interruptions, errors, or harmful components on the Website.
Limitation of Liability
The Company's liability for damages related to the Website is limited to $100. The Company is not responsible for indirect, special, or consequential damages, including lost profits or revenues.
Links to Third-Party Websites
The Website may contain links to external websites. The Company does not control or endorse these sites and is not responsible for their content or privacy practices. Access to third-party websites is at your own risk.
Indemnification
You agree to indemnify and hold harmless the Company from any claims, losses, or damages resulting from your use of the Website or its content. You must notify the Company of any third-party claims and may not settle such claims without the Company's consent.
Electronic Communication
By using the Website, you consent to receive electronic communications from the Company. Notices and agreements provided electronically satisfy any legal requirements for written communication.
Governing Law
This agreement is governed by the laws of the State of Michigan.
Dispute Resolution
Disputes must be resolved through mediation in Schoolcraft County, Michigan. You must notify the Company in writing to initiate mediation. The mediation process will involve a neutral third-party organization.
Limitations Period
You must notify the Company of any claims within 90 days of discovering the basis for the claim. Claims made after this period are considered waived.
Changes to the Terms
The Company may update these terms at any time without notice. You are responsible for staying informed about the current terms.
Equitable Relief
You acknowledge that a breach of this agreement may cause irreparable harm to the Company. The Company may seek injunctive relief in addition to other legal remedies.
Entire Agreement
These terms, along with the participation agreement, liability waiver, and Privacy Policy, constitute the entire agreement between you and the Company.
Severability
If any provision of this agreement is found to be invalid or unenforceable, the remaining provisions remain in effect.
Delegation of Duties
The Company may delegate its duties to other parties.
Transfer of Rights
You may not transfer any rights granted under this agreement.
Contact Information
For questions regarding this agreement or the Website, contact the Company through the "Contact Us" page on the Website.