Today's Date: May 28, 2020
This document affects your legal rights. You must read and understand it before signing.
COVID-19 ACKNOWLEDGEMENT:I understand that during this unique time in our society, while Flint Hills Multisport LLC is closely following the State & Federal mandated guidelines for health and safety, by engaging in the activity of SUP, I am taking on my own responsibility of safety and health and will not hold Flint Hills Multisport LLC responsible should any illness fall upon me related to the Coronavirus.
I, the below-named person, being above age eighteen, or the parent or legal guardian of the above-named person who is under age eighteen, in consideration of the facilities provided by the City of Augusta Kansas and the services of Flint Hills Multisport LLC, dba Flatwater Fitness and Fun, the rate charged for those services, or the worth of them as freely given, and the right to engage in this Activity as a participant, hereby acknowledge, agree, promise and covenant with Flint Hills Multisport LLC, the City of Augusta, and all persons, entities, employees, and agents on behalf of myself, heirs, assigns, personal representative and next of kin:
- ACKNOWLEDGEMENT OF RISK: Acknowledge, agree and represent that the lesson and/or tour and related activities ("Activities") I am about to engage in voluntarily, bears certain known risks and unanticipated risks which could result in injury, death, illness or disease, physical or mental damage to myself, my property, or other third parties or their property, or the property of Flint Hills Multisport LLC. I further acknowledge that I understand the nature of paddlesports and related Activities and that I am qualified, in good health, and proper physical condition to participate in such Activities and willingly agree to comply with the stated customary terms and conditions of participation. I recognize I will be swimming at my own risk and that there are no life-guards or other personnel assigned or available for safety or life-saving purposes. Flint Hills Multisport LLC bears no responsibility and offers no representations as to the suitability or safety of the swimming activities. I warrant that I have the swimming skills and ability to participate in an open water swim and possess the requisite degree of physical condition to participate as well and have been provided a USCG approved Personal Floatation Device (PFD) for use in the event of an emergency.
- ACCEPTANCE OF RISK AND RESPONSIBILITY: Fully understand that (a) paddlesports and related Activities involve risks and dangers of damage to personal property and serious bodily injury, including permanent disability, paralysis, and death ("Risks") to myself and Risks to other third parties; (b) these risks and dangers may be caused by my own actions or inactions, the actions or inactions of others participating in the Activity, the condition in which the Activity takes place, or the negligence of the "Releasees" named below; (c) there may be other risks and social and economic losses either known or unknown to me or not readily foreseeable at this time; and I agree, covenant and promise to accept and assume all responsibility and risk for injury, death, illness or disease, or damage to myself, my property, that of the minor named above, arising from my participation in the Activity.
- HEREBY RELEASE, DISCHARGE, AND COVENANT to accept and assume all responsibility and risk for injury, death, illness, disease, or damage to other third parties and their property arising from my participation in this Activity and agree not to sue the City of Augusta, Flint Hills Multisport LLC, their instructors, employees, agents, owners, insurance agents, and contractors (each considered one of the "Releasees" herein) from all liability, claims, demands, losses, injuries, damage to property, or other damages on my account caused or alleged to be caused in whole or in part by the negligence of the "Releasees" or otherwise, including negligent rescue operations; and I further agree that if despite this Release and Waiver of Liability, assumption of risk, and indemnity agreement I, or anyone on my behalf makes a claim against anyone of the Releasees, I will indemnify, save and hold harmless each of the Releasees from any litigation, attorney fees, loss, liability, or cost which may incur as the result of such claim. I further understand and agree to fully reimburse the City of Augusta, and Flint Hills Multisport LLC for any damage or loss caused to property of Flint Hills Multisport LLC and the City of Augusta as a result of my participation in the Activity. My participation in this Activity is purely voluntary, no one is forcing me to participate and I elect to participate in spite of the Risks.
- AGREE TO ABIDE by Flint Hills Multisport LLC's policies and agree to comply with all instructions of the guide, instructor or staff in connection with participation in the Activity, and failure to follow such directions shall be grounds for termination of my privilege to participate in the Activity without reimbursement or cancelation of fees paid or owed. I understand that the use or possession of drugs or alcohol is strictly prohibited before and during the Activity and will be grounds for immediate removal from the Activity without reimbursement of fees paid or owed. I agree that if in the judgment of my instructor and/or guide, he/she must call for assistance during the trip due to my noncompliance with his/her instructions or Flint Hills Multisport LLC's policies that I accept responsibility for paying any associated rescue and transportation cost. I agree to return all equipment provided for the Activity no later than the time agreed to or will reimburse the cost of lost equipment to Flint Hills Multisport LLC or the City of Augusta.
- By participating in or attending any Activity in connection with Flint Hills Multisport LLC, I CONSENT TO THE USE OF ANY PHOTOGRAPHS, PICTURES, FILM, OR VIDEOTAPE TAKEN OF ME or provided by me for publicity, promotion, television, websites, or any other use, and expressly waive any right of privacy, compensation, copyright, or other ownership right connected to same.
My signature below indicates that I have read this agreement and fully understand its terms, understand that I have given up substantial rights by signing it and have signed it freely and without any inducement or assurance of any nature and intend it to be a complete and unconditional release of all liability to the greatest extent allowed by law. I understand that this is the entire agreement between the City of Augusta and Flint Hills Multisport LLC, their agents or employees, and myself and that it cannot be modified or changed in any way by the representation or statements of any employee or agent of the City of Augusta, Kansas, Flint Hills Multisport LLC or by me. If any portion of this agreement is unenforceable, the remaining portions shall remain in full force and effect. All applicants are subject to acceptance by Flint Hills Multisport LLC. Upon acceptance of my application, this agreement shall be deemed to have been entered into and to be performed at Augusta, Kansas, and shall be construed according to the laws of the State of Kansas.