Assumption and Acknowledgement of Risks and Release of Liability Agreement
In consideration of being allowed to participate in watersport (kayaking/surfing/paddleboarding) and outdoor (bicycling/hiking) events and activities and/or being provided with watersport/outdoor recreational property or services, for myself and any minor children for whom I am parent, legal guardian, or otherwise responsible, and for my/our heirs, personal representatives or assigns:
1. ACKNOWLEDGEMENT OF RISKS. Acknowledgement that some, but not all, of the risks of participating in watersport or outdoor activities include:
- Changing water flow, tides, currents, wave action and ship’s wakes;
- Collision with any of the following: other participants, the watercraft, other watercraft, and man-made or natural objects;
- Wind shear, inclement weather, lightning strikes, variances and extremes of wind, weather and temperature;
- My sense of balance, physical coordination, ability to operate equipment, swim and/or follow directions;
- Collision, capsizing, sinking, or other hazard which results in wetness, injury, exposure to the elements, hypothermia, drowning, and/or death;
- The presence of insects, reptiles, woodland animals and marine life forms;
- Equipment failure or operator error;
- Heat of sun related injuries or illnesses, including sunburn, sunstroke, dehydration;
- Fatigue, chill, and/or dizziness which may diminish my/our reaction time and increase the risk of an accident.
2. ASSUMPTION OF RISK AND RESPONSIBILITY. Agree to assume responsibility for all the risks of the activity, whether identified above or not, (EVEN THOSE RISKS ARISING OUT OF THE NEGLIGENCE OF THE RELEASES NAMED BELOW.) My/our participation in the activity is purely voluntary. I assume full responsibility for myself and any of my minor children for who I am responsible, for any bodily injury, accident, illness, paralysis, death, dismemberment, or loss of personable property and expenses thereof as a result of any accident which may occur while I/we participate in the activity (EVEN IF CAUSED, IN WHOLE OR PART, BY THE NEGLIGENCE OF THE RELEASES NAMED BELOW).
I agree to wear a U.S. Coast Guard approved personal flotation device (life jacket) while participating in the activity of riding in any watercraft.
I agree to wear a U.S. CPSC approved bicycle helmet while participating in the activity of riding any bicycle.
3. RELEASE. I Hereby release Chesapean Outdoors, its principals, directors, officers, agents, employees and volunteers, their insurers and each and every land owner, municipal and/or governmental agency upon whose property and activity is conducted and their insurers, if any, (collectively “Releases”) FROM ANY AND ALL LIABILITY OF ANY NATURE FOR ANY AND ALL INJURY OR DAMAGE (INCLUDING DEATH) TO ME OR MY MINOR CHILDREN AND OTHER PERSONS as a result of my/our participation in the activity. EVEN IF CAUSED BY THE NEGLIGENCE OF ANY OF THE RELEASES NAMED ABOVE, OR ANY OTHER PERSON (INCLUDING MYSELF).
4. I HAVE READ THIS ASSUMPTION AND ACKNOWLEDGEMENT OF RISKS AND RELEASE OF LIABILITY AGREEMENT. I UNDERSTAND THAT BY SIGNING THIS DOCUMENT, I AM WAIVING VALUABLE LEGAL RIGHTS, INCLUDING ANY ALL RIGHTS I MAY HAVE AGAINST THE OWNER, THE OPERATOR NAMED ABOVE, OR THEIR EMPLOYEES, AGENTS, SERVANTS OR ASSIGNS.
Dated: December 12, 2018