Ely Outfitting Company & Boundary Waters Guide Service Release of Liability Waiver

PARTICIPATION AGREEMENT: ASSUMPTION OF RISK & LIABILITY RELEASE

Today's Date: April 25, 2019

In consideration of Ely Outfitting Company and Boundary Waters Guide Service LLC (collectively, "EOC") furnishing services and/or equipment to enable me to participate in certain activities including but not limited to canoeing, kayaking, boating, hiking and camping (collectively, "adventure activities"), I agree as follows:

I understand that EOC adventure activities involve physically and mentally strenuous activities in wilderness areas that are removed from the facilities of civilization. I understand that risks exist of serious injury, disability, death and loss or damage to property from many causes, including negligent acts or omissions by me, other guests, EOC representatives, or others. Risks and dangers may arise in adventure activities from foreseeable or unforeseeable myriad causes including, but not limited to, errors by a guide or other person such as misjudging human abilities, health conditions, terrain, weather, water conditions, or route location; misuse of equipment; or control of fire.

Knowing of the inherent risks of EOC adventure activities, I agree to assume all risk and responsibility surrounding my participation in these activities. To the maximum extent permitted by law, I agree to release, hold harmless, & indemnify EOC & its owners, officers, directors, staff, guides, representatives, employees & agents, all owners of property on which activities take place, & parties who provide goods or services in connection with the EOC adventure activities, from & against all present or future claims, losses, expenses or liabilities in any jurisdiction for injuries to person or property which I may suffer, or for which I may be liable to any other person, related to my participation in EOC adventure activities resulting from the acts, omissions, or negligence of EOC or any other person or entity. I agree that this Assumption of Risk and Release of Liability will apply to claims made by me or on my behalf, or by family members, heirs or personal representatives each of which is bound by the terms of this Agreement and covenant not to sue EOC and its owners, officers, staff, guides, representatives, employees, & agents, & all owners of property on which activities take place.

I permit the use of any photos, films, or sketches of myself taken during or related to EOC adventure activities for publicity, advertising, promotion or other commercial purpose. I permit use of my email for correspondence from EOC.

I understand that I am financially responsible for any damage done to EOC equipment.

If a court of competent jurisdiction determines that any provision of this agreement is invalid or unenforceable, then the invalidity or unenforceability of such provision shall not affect the validity or enforceability of any other provision of this agreement, and all other provisions shall remain in full force and effect.

I have carefully read and freely signed this Assumption of Risk and Liability Release Agreement. I understand and agree that no oral or written representations can or will alter the contents of this document. I agree that this agreement shall be governed by the laws of the State of Minnesota (excluding its conflict of law principles) which shall be the exclusive forum for any lawsuits filed under or incident to the Agreement or the BWGS adventure activities in which I participate.

For participants under age 18, I certify that I am the parent or legal guardian of the participant, and that I have authority to enter this agreement on behalf of the participant.

I HAVE READ THIS ASSUMPTION OF RISK AND LIABILITY RELEASE, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.

Please select who will be participating...

Adult Minor

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First Participant's Name

First Name*

Last Name*

Phone*

First Participant's Date of Birth*

First Participant's Information

Trip Launch Date: *

Trip Leader Name: *

First Participant's Signature*

Type Signature

Draw Signature

Click to Sign

Participant's Address

Address Line 1:*

Street address, P.O. box, company name, c/o

Address Line 2:

Apartment, suite, unit, building, floor, etc.

Country:*

City:*

State/Province:*

Zip/Postal:*

Parent or Guardian's Email Address

Email*

A signed copy of this waiver will be sent to the email address you provide.

Emergency Contact

Name:

Phone:

Kevlar Canoe Care Agreement

Kevlar canoes are strong when totally floating, but fragile when grounded.

A canoe must never be grounded with weight in it. Step out before the canoe hits the shore. Load and remove all gear and packs while the canoe is floating and have canoe floating while re-loading.
Do Not Run Any Rapids! Always portage around.
Do not drag canoes over beaver dams or other obstructions. Lift it over or unload and portage.
Proceed very slowly through rocky waters and fend off rocks and other obstructions with your bow paddle. Stay away from points and reefs to avoid a sudden collision.
Store the canoe upside down and away from open winds and tie the canoe down when not in use.

I Agree

For PROFESSIONALLY GUIDED trip participants only, answer the following:

If you have allergies, what are you allergic to?

Do you have any medical restrictions or health concerns? If so, describe.

Parent(s) or court-appointed legal guardian(s) must sign for any participating minor (those under 18 years of age) and agree that they and the minor are subject to all the terms of this document, as set forth above.

Parent or Guardian's Name

First Name*

Last Name*

Phone*

Parent or Guardian's Date of Birth*

Parent or Guardian's Information

Trip Launch Date: *

Trip Leader Name: *

Parent or Guardian's Signature*

Type Signature

Draw Signature

Click to Sign

Electronic Signature Consent*

By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.

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