Terms & Conditions

Use of HaveKayakWillPaddle.com

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Limitation of Website Liability/Disclaimer

Your use and browsing of the Site is at your risk. If you are dissatisfied with any of the files contained in the Site, or with any of these Terms and Conditions, your sole and exclusive remedy is to discontinue accessing and using the Site.


You specifically acknowledge and agree that HaveKayakWillPaddle.com are not liable for any defamatory, offensive or illegal conduct of any user.

HaveKayakWillPaddle.com also assumes no responsibility, and shall not be liable for any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the site or your downloading of any files from the Site.

HaveKayakWillPaddle.com does not warrant or make any representations of any kind or nature with respect to the site. Therefore, you are responsible for compliance with local laws, if and to the extent local laws are applicable.

Third Party Sites

HaveKayakWillPaddle.com may provide links and pointers to internet sites maintained by others ("third party sites"). HaveKayakWillPaddle.com has not reviewed all of the third party sites linked to the site and is not responsible for the contents of or any products or services offered in such third-party sites.

This Agreement shall be governed by and construed in accordance to US law without giving effect to any principles of conflicts of law. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This site is controlled and operated by HaveKayakWillPaddle.com.

HaveKayakWillPaddle.com may at any time revise these Terms and Conditions by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms and Conditions to which you are bound. As between you and HaveKayakWillPaddle.com, HaveKayakWillPaddle.com exclusively owns all rights, titles and interests in and to any of the files (and any and all elements thereof) and any and all copies thereof throughout the universe in any and all media now known or hereafter developed. You will not do anything that might impair HaveKayakWillPaddle.com rights, titles or interests in and to such files (and any and all elements thereof nor will you assert any right, title or interest in or to such files (including any copy or element thereof).


Please read the following information carefully. If you decide to travel on a kayak trip with Have Kayak Will Paddle and make reservations, you thereby agree to accept the terms and conditions of this contract.

Reservations and Payments

All group and individual reservations are subject to a 50% non-returnable deposit (some exceptions apply). Full payment is required within 3 business days prior to departure. Please see Trip Cancellation Terms for any applicable refunds.

No reservation can be ultimately confirmed until Have Kayak Will Paddle has received the Online Reservation Form AND the deposit. Once both have been received, we will inform you as to whether your chosen dates are available and provide final confirmation.

Trip Cancellation

Cancellation Policy: At Have Kayak Will Paddle, we realize that, for many a reason, people's plans can change. Whether it's due to illness, accident or a simple change of heart, we may have incurred expenses in taking your reservation and we may have turned away other interested parties.

As people working with, and respecting the strength of Mother Nature, there will be times when Have Kayak Will Paddle will cancel the tour. There are generally three major weather factors we take into consideration when making this decision.

They are: 1. Wind 2. Lightning 3. Persistent, Heavy Rain.

In the case of high winds or swell, and most especially lightning, it a decision based purely on safety. In the case of heavy rain, it is a decision based more on enjoyment. We will run trips when there are intermittent showers.

If Have Kayak Will Paddle feels compelled to cancel a trip, that decision is usually made around 7am the morning of the trip, after we have received the latest weather forecast. When we cancel a trip, we will refund any money paid in full.

If you, however, decide to cancel your reservation within 48 hours of departure, the full price of the trip will be non-refundable.

Once your trip has started there are no refunds. There may be times when the weather changes during the course of a day and the group will be forced to walk or wait out the bad weather. We will endeavor to maximize your experience by paddling in areas that are safe and sheltered from the wind and weather for as much of the trip as possible.

Possible Alterations: Have Kayak Will Paddle reserves the right to cancel any trip prior to tour departure. Reasons may include, but are not limited to, unforeseen circumstances associated with operating in wilderness and remote areas, such as weather or other safety conditions. Although we make every effort to overcome any personal illness/event that may arise, we have but one tour guide and cancellation due to such circumstances may be unavoidable. Every effort to reschedule at a time convenient for you will be made but not guaranteed. If we must cancel due to these or other unforeseen circumstances having no part played by you, we will refund you the full amount you have paid up to the time we notify you of cancellation. Have Kayak Will Paddle is not responsible for any additional costs that may arise in the event a trip is altered or delayed for reasons beyond our control.

Cancellation Fee: If you reserve your trip 61 or more days in advance, Have Kayak Will Paddle will gladly refund your entire deposit or full payment if you contact us within 48 hours of posting your reservation. No Cancellation Fee will apply in this case. A Cancellation Fee of $50 will apply if you cancel your reservation 3-60 days in advance of your scheduled trip. There will be no refund within 48 hours of your scheduled trip. If you cancel your trip and are entitled to a refund, we will refund your paid amount less the cancellation fee. Your refund will be sent to you in the form of a Certified Check within 90 days of cancellation.

How To Cancel: You must contact us by mail, fax, or email if you choose to cancel a trip. Applicable refunds are based on the date we receive the cancellation request. We will reply with confirmation that we have received your request to cancel. If you do not receive this confirmation, it is your responsibility to follow-up until you do. This is the only way that you can be sure we have scheduled any applicable refund.

If you reserve another trip with Have Kayak Will Paddle for the 2007 or 2008 season, Have Kayak Will Paddle will put your Cancellation Fee towards this trip. If you cancel within 60 days of departure, only the Cancellation Fee will be used toward another Have Kayak Will Paddle trip in the 2007/2008 season.

Please note that there are no exceptions to our Cancellation Policy outside these Terms.

Rates Do Not Include: Personal Accident/Medical Insurance, Cancellation Insurance, Gratuities, Photography


"Bad" Weather: Generally if it is a light rain or drizzle and the water is calm, we will still embark on a tour. If not then we will simply reschedule the tour for later in the day or another day if possible. Some locals may want to reschedule at a later time in the season and that also is perfectly fine. If there is any sign of lightning or thunder, then the tour will be cancelled, period. The last place we want to be when a thunderstorm hits is holding an aluminum paddle in a kayak on the open water.

"Cold" Weather: This is Florida, so "cold" is a very relative term, and not a frequent event. Even in the "Winter" months, we are likely to reach high 60s, and layering is always recommended, no matter what time of year (even if it's just a t-shirt over a bathing suit). Our kayaks have places to store protective clothing in plastic bags. The weather would have to be unbearably cold for us to cancel, and that simply isn't likely.

Company Liability

Release of Liability: Each participant will be required to sign and return to Have Kayak Will Paddle a Release of Liability before being allowed to participate in any trip we offer. This document releases Have Kayak Will Paddle and its representatives from liability in the case of accident or injury. You can download this form from our site or email us and we will gladly send you a copy. Additionally, Have Kayak Will Paddle and their respective officers, directors, servants and agents are not responsible for any claims, loss, damage, cost liability or expense arising, direct or indirect, out of injury, accident or death, loss, damage of property, or delay, inconvenience, loss of enjoyment, upset, disappointment, distress or frustration, whether physical, mental, or otherwise relating to the provision of travel services including kayak tours, products, and other services.


Physical Requirements: While our trips are not strenuous, good health is necessary. You must determine if your own fitness is appropriate for a kayak tour. If you have any concerns, please call us, and consult your physician before your trip

Insurance: Have Kayak Will Paddle strongly advises you to check your current insurance coverage. We recommend you have adequate medical and personal injury insurance.

Supplier's Liabilities: Have Kayak Will Paddle acts as an agent for and makes arrangements with kayak companies and operators, and other independent parties to provide you with products and services. Although great care is taken to choose suppliers, we are unable to directly control them and, therefore, we are not responsible for their acts or omissions.
Force Majeure: Have Kayak Will Paddle will not be responsible for the performance of this agreement if prevented or delayed by Acts of God, strikes, accidents, weather, traffic, airport conditions or other causes beyond their reasonable control nor will they be responsible for any loss or damage relating to cancellations.

This Agreement: shall be governed by and construed in accordance to United States law without giving effect to any principles of conflicts of law. If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.

Revision of Terms: Have Kayak Will Paddle may at any time revise these Terms and Conditions by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms and Conditions to which you are bound.