Today's Date: December 2, 2020
Please read and be certain you understand the implications of signing.
Participant understands that once signed, this waiver is valid for any Watercraft Rentals for our current season.
Rental Equipment Use Agreement:
Participant acknowledges and recognizes the inherent risk of paddling watercraftson Lake Superior and/or inland lakes, including butnot limited to cold water immersion and hypothermia, wind and waves, possible rapid changes in the weather and rugged shorrelines with limited access. Participant agrees to use sit-on-top kayaks, canoes and stand-up-paddle boards(s) ON INLAND LAKES ONLY.
Participant agrees to inspect all equipment before use and ask questions of facility employees if participant does not fully understand how to use and/or operate the equipment. Participant accepts any equipment AS IS and agrees to return any equipment before use that is believed by participant to be damaged or defective for replacement or repair.
Participant acknowledges receipt of rental equipment for self AND participants registered under name. Participant accepts responsibility for the same while in possession and agrees to return all rental equipment at or before the termination of the rental and/or tour period.Participant agrees they will be liable for up to the full replacement value of rental equipment not returned and for any extra charges (or full replacement value) if the equipment is damaged beyond normal wear or destroyed beyond repair. Participant agrees they will be liable to pay any additional fees for equipment returned after the designated return time.
Express Assumption of Risk associated with Watercraft activities:
I do hereby affirm and acknowledge that I have been fully informed of the inherent hazards and risks associated with sea kayak/sit-on-top kayak/canoe and/or stand up paddle board activities. Inherent hazards and risks include but are not limited to:
- Risk of injury from the activity and equipment is significant including the potential for permanent disability and death.
- Rollovers or falling/jumping off watercraft that may cause cuts, broken bones and other injuries, permanent disability or death.
- Exposure to water hydraulics or currents, hidden or obvious obstructions, and/or debris found that can cause drowning or other harm.
- Possible equipment failure and/or malfunction of my own or others' equipment.
- Running into objects, persons or animals, including but not limited to barely submerged objects and other hazards that are not visible.
- My own negligence and/or the negligence of others, including but not limited to operator error.
- Using equipment under the influence of any substance/alcohol, which is prohibited.
- Hazards related to which include but are not limited to: collision, capsizing, sinking, or other hazards that may result in exposure to the elements, hypothermia, impact of the body upon the water and/or upon rocks, injection of water into my body orifices, marine life forms, and/or drowning.
- Cold water and heat-related injuries and illness including but not limited to hypothermia, hyperthermia, heat exhaustion, heat stroke, sunburn, and/or dehydration.
- Exposure to outdoor elements, including but not limited to inclement weather, lightning, severe and/or varied wind, temperature or weather conditions.
- Attack by or encounter with insects, marine life forms and/or animals. PLEASE NOTE: If paticipant(s) use an INHALER and/or require EPINEPHRINE (EpiPen), they are responsible for bringing their medication for self-administration during the entire rental duration. Keweenaw Adventure Company, LLCDOES NOT provide INHALER or EPINEPHRINE (EpiPen) medications.
- Accidents or illness occurring in remote places where there are no available medical facilities and rescue may be distant and time-consuming at best.
- Fatigue, chill, and/or dizziness, which may diminish my/our reaction time and increase the risk of accident.
- My sense of balance, physical coordination, and ability to follow instructions.
- Participation in this activity(s) may include possible exposure to and illness from COVID-19. While Company safety protocols and personal discipline may reduce this risk, the risk of serious illness or even death does exist.
*I understand the description of these risks is not complete and that unknown or unanticipated risks may result in injury, illness, or death.
Release of Liability, Waiver of Claims and Indemnity Agreement:
In consideration for being permitted to participate in any way in sea kayak/sit-on-top kayak/canoe and/or stand up paddle board activities, I hereby agree, acknowledge and appreciate that:
- I HEREBY RELEASE AND HOLD HARMLESS WITH RESPECT TO ANY AND ALL INJURY, DISABILITY, DEATH, or loss or damage to personal property, WHETHER CAUSED BY NEGLIGENCE OR OTHERWISE, the following named persons or entities, herein referred to as releasees: Keweenaw Adventure Company LLC.
- To release the releasees, their officers, directors, employees, representatives and agents from liability and responsibility whatsoever and for any claims or causes of action that I, my estate, heirs, survivors, executors, or assigns may have for personal injury, property damage, or wrongful death arising from the above activities whether caused by active or passive negligence of the releasees or otherwise. By executing this document, I agree to hold the releasees harmless and indemnify them in conjunction with any injury, disability, death, or loss or damage to person or property that may occur as a result of engaging in the above activities.
- By entering into this Agreement, I am not relying on any oral or written representation or statements made by the releasees, other than what is set forth in this Agreement.
This release shall be binding to the fullest extent permitted by law. If any provision of this release is found to be unenforceable, the remaining terms shall be enforceable.
Declaration of Fitness Agreement:
Furthermore, I hereby declare that I will not participate in this activitiy if I have any COVID-19 symptoms, that I'm physically fit and have no physical or mental condition(s) that should preclude me from participating in my chosen activity, that I am not participating against medical advice or treatment and that I have not been diagnosed by a registered doctor as having a terminal illness. I further declare that in the event that I feel ill or unwell, have any physical complaints whatsoever or if an injury is sustained of any kind during the course of watercraft activities, I will notify immediately disembark from the vessel.
*I HAVE READ THIS RELEASE OF LIABILITY, ASSUMPTION OF RISK AND DECLARATION OF FITNESS AGREEMENT, AND I FULLY UNDERSTAND ITS TERMS, AND UNDERSTAND THAT I HAVE GIVEN UP LEGAL RIGHTS BY SIGNING IT, AND I SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.