This document affects your legal rights.
You must read and thoroughly understand it before you sign it.
STATEMENT OF RISKS:
There are significant elements of risk in any adventure, sport, or activity associated with Rowing, Paddling, Watersports, the outdoors, the presence or use of motorized or unmoptorized watercraft, and activities incidental thereto (referred to herein as the "Activity"). Although we have taken reasonable steps to provide you with appropriate equipment, the "Activity" is not without risk. Certain risks cannot be eliminated without destroying the unique character of the "Activity". The same elements that contribute to the unique character of the "Activity" can be causes of loss or damage to equipment, cause accidental injury, illness, or in extreme cases, permanent trauma or death. We do not want to frighten you or reduce your enthusiasm for the "Activity". We do think it is important for you to know in advance what to expect and to be informed of the inherent risks.
ACKNOWLEDGEMENT OF RISKS:
I acknowledge that the following describes some, but not all, of the risks of participating in the Activity: 1) Changing water flow, currents, wave action and boat wakes; 2) Collision with any of the following: other participants, the interior of the watercraft in which I am riding or any other portion of said craft, other watercraft, and man-made or natural objects; 3) Inclement weather, lightning, variances and extremes of wind, weather and temperature; 4) Collision or capsizing, or other hazard which results in wetness, injury, exposure to the elements, hypothermia, or drowning; 5) Getting in or out of the craft; 6) Equipment failure or operator error; 7) Heat- or sun-related injuries or illnesses including sunburn, sunstroke or dehydration-Fatigue, chill, and dizziness, which may diminish my reaction time and increase the risk of an accident 8) Viral or Biologic transfer or contamination such as Flu, COVID-19 or any other contagious pathogen transmission from close contact or equipment sharing. I am aware that the "Activity" entails risks of injury or death. I understand the description of these risks is not complete and that unknown or unanticipated risks may result in injury, illness, or death as a result of participation in the "Activity".
EXPRESS ASSUMPTION OF RISK AND RESPONSIBILITY:
I hereby knowingly and freely assume all such risks, both known and unknown, including full responsibility for and risk of bodily injury, death or property damage as a result of my participation in the Activity and/or my use of the rented equipment, even if the injury, death or property damage is caused, in whole or in part, by the negligence of Huntsville-Madison County Rowing & Watersports, LLC. , Ditto Landing Marina, The City of Huntsville, AL, Madison County, AL and any or all of their owners, officers, directors, agents, subsidiaries, committees, boards, and employees (hereinafter the releasees).
I verify that I am physically fit and sufficiently qualified, trained and capable to participate in the Activity. I assume full responsibility, for myself and any minor children for whom I am responsible, for any bodily injury, accident, illness, death, loss of personal property and expenses related thereto as a result of any accident which may occur while Iparticipate in the Activity. I assume the risks of personal injury, accidents and/or illness, including but not limited to sprains, torn muscles and/or ligaments, fractured or broken bones, eye damage, cuts, wounds, scrapes, abrasions, contusions, dehydration, drowning, oxygen shortage (anoxia), exposure, head, neck, and spinal injuries, bite or attack by an animal or insect, allergic reaction, shock, paralysis or death. I agree to refrain from using alcohol or drugs prior to and during my participation in the Activity. I agree to wear a Coast-Guard-approved personal flotation device (PFD or life jacket) during the entire time that I am participating in the Activity. I agree that the rented boat will not be removed from the body of water on which the rental facility is located, including portaging around any dams or transiting the locks into Lake Guntersville or other bodies of water.If I observe any unusual significant hazard during my presence or participation in the activity, I will remove myself from participation and bring such to the attention of the nearest staff member immediately.
RELEASE & WAIVER OF LIABILITY:
I, the undersigned, for myself, my heirs, representatives, assigns, and next of kin, in consideration of the rental of equipment to me, do fully and forever release, waive, discharge, hold harmless, and covenant not to sue the releasees from all liability to the undersigned, his personal representatives, assigns, heirs, and next of kin for death, personal injury, or property damage and from any and all claims, demands, suits, loss, and causes of action asserting or on account of death, personal injury, or property damage suffered or sustained by me or any person or property as a result of or arising out of my participation in the Activity, whether arising from the negligence of the releasees or otherwise, to the fullest extent permitted by law.
I agree that any and all disputes between myself and the releasees arising from my participation in the Activity and/or use of this equipment, and including any claims for personal injury and/or death will be governed by the laws of the Alabama and exclusive jurisdiction thereof will be in the state court residing in the county where the alleged tort occurred or the federal courts of Alabama.
I, the undersigned, acknowledge that I have read this release of liability and assumption of risk 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. I agree that no oral statements or representations, apart from the language of the above agreement, have been made. I will be responsible for the full replacement cost of any equipment I have rented or in use from Huntsville-Madison County Rowing & Watersports, LLC. and agree to pay for damages to or replace such equipment in the event of any damages other than reasonable wear and tear.
MEDIA & PHOTO RELEASE
I grant permission to Huntsville-Madison County Rowing & Watersports, LLC., to use photographs, video, audio recordings, and/or textual material created and/or distributed by or for Huntsville-Madison County Rowing & Watersports, LLC. that includes my name and/or image, including web sites or other electronic forms or media, and to offer the photographs, video, audio, or text for media or promotional use, without notification. I hereby waive any right to inspect or approve the photographs, publications, or electronic matter that may be used in conjunction with them now or in the future, whether that use is known to me or unknown, and I waive any right to royalties or other compensation arising from or related to the use of the photographs.
I hereby agree to release and hold harmless Huntsville-Madison County Rowing & Watersports, LLC., from and against any claims, damages or liability arising from or related to the use of the photographs or other media, including but not limited to any re-use, distortion, blurring, alteration, optical illusion or use in composite form, either intentionally or otherwise, that may occur or be produced in production of the finished product. It is the discretion of Huntsville-Madison County Rowing & Watersports, LLC., to use the media. I have read this release and I fully understand the contents, meaning and impact of this release.
FOR PARENTS/GUARDIANS OF PARTICIPANT (S) OF MINOR AGE (under age 18):
This is to certify that I, the undersigned, as parent/guardian with legal responsibility for the minor participant(s) named below, do consent and agree to his/her release, as provided above, of the releasees, and that I, for myself, my heirs, representatives, assigns, and next of kin, do release and agree to indemnify and hold harmless the releasees from any and all liability as a result of or arising out of my minor childs participation in the Activity, whether arising from the negligence of the releasees or otherwise, to the fullest extent permitted by law.