CANOE/KAYAK TOUR RELEASE OF LIABILITY, WAIVER OF CLAIMS, EXPRESS ASSUMPTION OF RISK AND INDEMNITY AGREEMENT. Please read and be certain you understand the implications of signing. I do hereby affirm and acknowledge that I have been fully informed of the inherent hazards and risks associated with canoeing/kayaking activities, transportation of equipment related to the activities, and traveling to and from activity sites in which I am about to engage. Inherent hazards and risks include but are not limited to: - Risk of injury from the activity and equipment utilized in canoeing/kayaking is significant including the potential for permanent disability and death.
- Canoe or kayak rollovers that may cause cuts, broken bones and other injuries including death.
- Exposure to water hydraulics, hidden or obvious obstructions, and/or debris found in rivers 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 fallen skiers, jet-skis, barely submerged logs and stumps and other hazards that are not visible.
- Carbon monoxide exposure and/or poisoning from your vessel or others’ vessel.
- My own negligence and/or the negligence of others, including employees, agents, independent contractors or representatives of Arawak Expeditions, Inc., including but not limited to operator error.
- Hazards related to canoeing or kayaking which include but are not limited to: collision, capsizing, sinking, or other hazards that may result in wetness, injury, exposure to elements, hypothermia, impact of the body upon the water, upon rocks, injection of water into my body orifices, marine life forms, and/or drowning.
- Cold weather and heat related injuries and illness including but not limited to frostnip, frost bite, heat exhaustion, heat stroke, sunburn, hypothermia and dehydration.
- Exposure to outdoor elements, including but not limited to avalanche, rock fall, inclement weather, thunder and lightning, severe and or varied wind, temperature or weather conditions.
- Attack by or encounter with insects, reptiles, and/or animals.
- Accidents or illness occurring in remote places where there are no available medical facilities.
- 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.
*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 Canoe/Kayak Tours and related 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 person or property, WHETHER CAUSED BY NEGILGENCE OR OTHERWISE, the following named persons or entities, herein referred to as releasees: Arawak Expeditions, Inc.
- To release the releasees, their officers, directors, employees, representatives, agents and volunteers, and vessels 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 unenforceable, the remaining terms shall be enforceable.
I HAVE READ THIS RELEASE OF LIABILITY AND ASSUMPTION OF RISK 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. Dated: May 18, 2024 |