Terms of Service

Effective date: 01/01/2026

These Terms of Service (“Terms”) govern your use of the Rising Tide Explorers website (www.risingtidefl.com) and the trips, tours, rentals, and services we offer (“Services”). By using our site or booking a Service, you agree to these Terms.

1. Eligibility

You must be at least 18 years old to book a Service. Minors may participate only with a parent or legal guardian, who must sign a digital waiver on their behalf.

2. Booking, Payment, and Confirmation

• Reservations are made through our booking provider, FareHarbor.
• Payment is due in full at the time of booking unless otherwise stated.
• A confirmation email will be sent to the address you provide.
• We reserve the right to refuse or cancel any booking at our discretion, including for safety, weather, capacity, or misrepresentation.

3. Waivers and Assumption of Risk

All participants (or a guardian for minors) must complete and sign a digital waiver before participating in any trip or rental. Kayaking, boating, and related outdoor activities involve inherent risks including but not limited to changing weather and water conditions, slips and falls, sunburn, dehydration, encounters with wildlife, drowning, and other hazards. By booking and participating, you acknowledge and accept these risks.

4. Cancellations, Rescheduling, and Refunds

All cancellation, rescheduling, and refund terms — including Explorer’s Club Member benefits and Adventure Flex Protection — are set out in our Cancellation, Rescheduling & Weather Policy. That policy is incorporated into these Terms by reference and controls in the event of any conflict.

5. Weather and Safety

Weather cancellations and safety-related changes are governed by our Cancellation, Rescheduling & Weather Policy. Rising Tide reserves the right to cancel, delay, shorten, or modify any trip for weather, water conditions, safety, or other operational reasons at any time up to and including the time of departure.

6. Arrival, Late Arrivals, and Missed Tours

Trips depart promptly at the scheduled launch time. Guests must arrive at the launch location by the arrival window stated in the Cancellation Policy and in their confirmation and reminder communications. Missing a tour due to a late arrival will not result in a refund or rescheduling credit.

7. Rules of Participation

Participants must:

• Arrive on time (see arrival window in your confirmation)
• Follow all instructions from Rising Tide staff and guides
• Not participate under the influence of alcohol or drugs
• Disclose relevant medical conditions before the trip
• Treat wildlife and the environment respectfully — take nothing, leave nothing

We may remove any participant who fails to follow these rules without refund.

8. Equipment and Personal Property

We provide safety equipment (including PFDs) for all water-based activities. You are responsible for your personal belongings. Rising Tide is not responsible for loss, theft, or damage to personal property.

9. Photos and Marketing

We may take photos and video during trips for marketing use. By participating, you consent to your likeness being used in Rising Tide marketing materials unless you notify a guide in writing before the trip that you do not consent.

10. Intellectual Property

All content on this site — text, images, logos, videos, and design — is the property of Rising Tide Explorers or its licensors and is protected by copyright and trademark laws. You may not reproduce, distribute, or create derivative works without our written permission.

11. Third-Party Services

We use third-party providers including FareHarbor (booking), Wherewolf (waivers), and others. Your use of those providers is subject to their own terms and privacy policies.

12. SMS Communications

By providing your mobile phone number when booking or completing a waiver, you consent to receive transactional SMS messages related to your reservation. Promotional SMS messages require a separate opt-in. Full terms are set out in our SMS Terms of Service and Privacy Policy.

13. Disclaimer of Warranties

Our Services are provided “as is.” To the maximum extent permitted by law, Rising Tide disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement.

14. Limitation of Liability

To the maximum extent permitted by law, Rising Tide, its owners, employees, agents, and affiliates are not liable for any indirect, incidental, consequential, special, or punitive damages arising from your use of our site or Services. Our total liability for any claim relating to a Service shall not exceed the amount you paid for that Service.

Nothing in these Terms limits liability for gross negligence, willful misconduct, or any liability that cannot be limited under applicable law.

15. Indemnification

You agree to indemnify and hold Rising Tide harmless from any claim, damage, loss, or expense (including reasonable attorneys’ fees) arising from your breach of these Terms, your violation of law, or your negligent or willful conduct during a Service.

16. Governing Law and Venue

These Terms are governed by the laws of the State of Florida, without regard to conflict of law rules. Any dispute shall be resolved exclusively in the state or federal courts located in Collier County, Florida.

17. Dispute Resolution

Before filing any legal action, the parties agree to attempt in good faith to resolve the dispute informally by contacting info@risingtidefl.com.

18. Changes to These Terms

We may update these Terms at any time. Material changes will be posted with an updated effective date. Continued use of our site or Services constitutes acceptance.

19. Contact

Rising Tide Explorers info@risingtidefl.com5240 Raintree Lane

Naples, FL 34113