In consideration of being allowed to rent equipment or participate in any way in the Kayak New Mexico, Inc. ("KNM") program, its related events and activities, I, the undersigned, acknowledge, understand, appreciate, and agree that:
- The risk of injury from the activities involved in this program is significant, including the potential for permanent paralysis and death, and while particular skills, equipment, and personal discipline may reduce this risk, the risk of serious injury does exist.
- I KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, including any other property damage or loss, EVEN IF ARISING FROM THE NEGLIGENCE OF KNM or others, and I assume full responsibility for my participation.
- To the extent permitted by law, I WAIVE any claim that I may have against KNM, its directors, officers, employees, agents and independent contractors, for any injury or loss that I suffer as a result of my rental of equipment from KNM or my participation in any KNM activity, whether the injury or loss is due to the negligence of KNM or the conduct of third parties. This means that I am giving up my right to sue KNM for any such injury or loss.
- I agree to INDEMNIFY AND HOLD HARMLESS KNM, its directors, officers, employees, agents and independent contractors from all claims, demands, losses and liability (including attorney's fees) that arise from or relate to my rental of equipment from KNM or my participation in any KNM activity. This means I will pay KNM for any loss by KNM connected to my rental of equipment from KNM or my participation in any KNM activity.
- I acknowledge that KNM and, if applicable, the owners and lessors of premises used to conduct any KNM activity are not responsible for any possessions or valuables that I may choose to bring with me, and I take full responsibility for any such items that I choose to bring with me to a KNM activity. I agree not to seek compensation of any sort from KNM for any loss or damage to any personal items.
- I willingly agree to comply with the stated and customary terms and conditions for participation. If, however, I observe any unusual significant hazard during my presence or participation, I will remove myself from participation and bring such to the attention of KNM immediately.
- I will notify KNM of any medical or health condition that may cause injury to myself or others, or may require emergency care during my participation in any KNM activity.
- I agree to allow KNM to use photographs and video of me and the event to be used in any promotional material.
- I agree to pay all costs, including attorney's fees, incurred by KNM in enforcing or defending any rights under this Agreement. I agree that this Agreement shall be governed by the laws of the State of New Mexico and that any disputes relating to this Agreement shall be brought in Sandoval County, New Mexico.
- This Agreement shall be binding upon my heirs, administrators, personal representatives and assigns in the event of my death.
- If any portion of this Agreement is deemed unenforceable, the remaining portions and provisions shall remain in full force and effect.
I HAVE READ THIS 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.
Date Signed: February 22, 2019