I, (Participant) understand that there are significant inherent risks and other hazards of injury or death involved in any kayaking, canoeing, stand up paddleboarding, floating the river, or other water sport activities. I hereby freely and voluntarily accept for myself alone all of these risks, and all other risks, associated with my decision to use kayaks, canoes, stand up paddleboards, tube, rafts and/or participate in water sport activities provided by Tumalo Creek Kayak & Canoe (as defined below). As a condition of such use and participation, I hereby WAIVE and RELEASE FROM LIABILITY and agree to DEFEND, INDEMNIFY and HOLD HARMLESS Central Oregon Canoe & Kayak Supply, Inc., dba Tumalo Creek Kayak & Canoe, and its owners, officers, directors, employees, agents, other participants, sponsoring agencies, sponsors, advertisers, and if applicable, owners and lessors of premises used for the activity (hereinafter collectively referred to as Tumalo Creek Kayak & Canoe) from the following: 1. any and all claims for damage, loss or injury to myself or my property; and 2. any and all claims for damage, loss or injury to any other person or property, that arise out of or relate in any way to my participation in water sport activities or to my use of Tumalo Creek Kayak & Canoes services, equipment or facilities. I willingly agree to comply with the stated and customary terms and conditions for participation. If I observe any unusual significant hazard during my presence or participation in a water sport activity, I will remove myself from participation and bring such to the attention of Tumalo Creek Kayak & Canoe immediately. All photos taken by Tumalo Creek Kayak & Canoe staff or other participants may be used in TCKC's promotional materials. This Release of Liability and Indemnity Agreement is intended to and does include any and all claims, whether due to negligence or any other legal theory, except claims based on willful misconduct. If any part of this Agreement is determined to be unenforceable, I intend and agree that all other terms shall be enforced. I HAVE READ THIS RELEASE OF LIABILITY AND INDEMNITY AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT. Date: January 3, 2025 |