Paddle Pewaukee, LLC | Stand Up Paddleboarding Waiver and Release Agreement
Please read carefully before signing In consideration of the services provided by Paddle Pewaukee, LLC, doing business as Paddle Pewaukee (hereinafter referred to as Paddle Pewaukee), its owners, members, officers, directors, agents, employees, volunteers, and all other persons or entities acting in any capacity on its behalf, I hereby agree to release and discharge Paddle Pewaukee, on behalf of myself, my spouse, my children, my parents, my heirs, assigns, personal representatives, and estate as follows: Acknowledgment of Risk
- I acknowledge that outdoor activities provided by Paddle Pewaukee, including but not limited to Stand Up Paddleboarding (SUP), paddleboard rentals, fitness classes, SUP yoga, tours, and other programming, as well as travel to and from such activities, involve known and inherent risks, as well as unknown and unanticipated risks, which could result in serious emotional or physical injury, paralysis, death, drowning, or damage or loss to myself, third parties, and my own or others’ property. I understand such risks cannot be eliminated without jeopardizing the essential qualities of the activity.
- I further understand that Paddle Pewaukee staff seek to manage risks but are not infallible. They may misjudge a participant’s fitness or abilities, weather conditions, terrain, or water conditions. They may give insufficient warnings or instructions, and equipment may malfunction.
Release and Indemnification
- I voluntarily release, discharge, and agree to indemnify and hold harmless Paddle Pewaukee from any and all claims, demands, liabilities, losses, or causes of action which are in any way connected to my participation in these activities or use of Paddle Pewaukee’s equipment or facilities. This includes claims related to personal injury, property damage, disability, or death, whether arising from the negligent act or omission of Paddle Pewaukee or otherwise, breach of contract, breach of warranty, or any other legal theory. This waiver does not apply to claims determined to be the result of the gross negligence or willful misconduct of Paddle Pewaukee.
Attorney’s Fees and Jurisdiction
- Should Paddle Pewaukee or anyone acting on its behalf be required to incur attorney’s fees and costs to enforce this agreement, I agree to indemnify them for all such fees and costs.
- I agree that this document and all other aspects of my relationship with Paddle Pewaukee are governed by the laws of the State of Wisconsin, and that any legal action resulting from my participation shall be brought only in Waukesha County, WI. If any portion of this agreement is deemed invalid or unenforceable, the remaining portions shall remain in full force and effect.
Medical Certification
- I certify that I have no medical or physical conditions that could interfere with my safety during these activities, or I am willing to assume and bear the costs of all risks that may be created, directly or indirectly, by any such condition.
Safety Requirements and Equipment Use
- I understand it is required by law to wear a properly fitted U.S. Coast Guard-approved personal flotation device (life jacket) while on the water. I further understand that Paddle Pewaukee does not provide formal training in SUP safety or navigation as part of standard rentals or classes, and that it is my responsibility to decide where, when, and with whom to paddle.
- I acknowledge that any equipment rented from Paddle Pewaukee is for my sole use and may not be transferred or used by any other person.
Assumption of Risk
- I fully recognize that if injury, illness, death, loss, or damage occurs to me while participating in Paddle Pewaukee activities, including but not limited to paddleboard rentals, fitness classes, SUP yoga, tours, and other programming, I will have no right to make a claim or file a lawsuit against Paddle Pewaukee, its owners, officers, agents, or employees, even if their negligence contributed to my injury, illness, death, loss, or damage.
Media Release
- I hereby grant Paddle Pewaukee permission to take and use photographs and/or video of me participating in these activities for the purposes of marketing, promotion, and advertising.
Fitness to Participate
- I understand that I may not participate in Paddle Pewaukee activities if I am under the influence of alcohol or drugs.
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