Acceptance of Responsibility and Acknowledgement of Risk
Welcome to Charleston Outdoor Adventures, LLC’s kayak nature tours and instruction programs. In the interest of permitting Charleston Outdoor Adventures to exist and to serve the community with environment education and outdoor instruction without fear of liability, we ask you to join in this contract. Your signature below indicates your understanding that the terms “boating” or “water activity” encompass all aspects of the activity including preliminary and subsequent matters such as but not limited to getting outfitted for the activity, maintaining, repairing, loading or unloading boats or gear, and travel to and from the place of activity.
Acknowledgement of Assumption of Risk
I understand and accept that boating and water activities expose me too numerous known and unanticipated risks which could result in personal injury, illness, death or damage to me or my property. Some of the risks or factors creating risk include but are not limited to the following:
- The hazards of travel in the kayak or other water craft in rough water conditions;
- Water hazards including trees and other obstacles, wind, currents, power boats;
- First aid or emergency treatment that maybe rendered;
- Accidents or illnesses in remote places without medical facilities;
- Becoming lost or disoriented;
- Hiking or walking in rugged terrain including wet and slippery conditions;
- Injuries inflicted by animals, insects, reptiles or plant;
- The force of nature including wind driven projectiles, lightning and other weather;
- My physical condition, the physical exertion associated with paddling and swimming in conditions of strong currents, wind and waves;
- Carrying, loading and unloading of watercraft and other equipment;
I agree to accept and assume all responsibility for personal injury, illness, death or damage to myself or my property arising from my participation in this water activity. My participation is voluntary; I choose to participate with full awareness of these named and unnamed risks. I am solely responsible for deciding to engage in this activity. I agree to obey all Charleston Outdoor Adventures rules and regulations while participating in this water activity. I agree to wear a PFD (Personal Floatation Device) at all times while participating in this water activity.
I have carefully read and understand this Acknowledgement and Assumption of Risk. I UNDERSTAND THAT IF, AFTER READING THIS DOCUMENT, I CHOOSE NOT TO PARTICIPATE I WILL BE GIVEN A FULL REFUND. By signing all participants accept and understand full responsibility for damaged persons or property of Charleston Outdoor Adventures LLC and agree to pay the full replacement cost of any damaged or lost equipment.
COA reserves the right to rent kayaks and related equipment only to those with stated proficiency in basic kayak paddling techniques and wet exit and re-entry (self-rescue) skills. Renters should NEVER SIT or stand on any portion of a beached vessel and NEVER DRAG water craft. Carry kayaks by their handles, when beaching a kayak always carry kayaks above high tide line.
Release of Liability and Indemnification Agreement
In consideration of Charleston Outdoor Adventures, LLCfurnishing services to enable me to participate in this activity, I hereby voluntarily release and forever discharge Charleston Outdoor Adventures, LLC and its officers, agents, employees and volunteers from any and all liability or claims for any injury, illness, death or damage to myself or my property arising out of or in any way connected with my participation in this activity. This release and discharge specifically includes, but is not limited to, liability or claims based upon negligent acts or omissions of Charleston Outdoor Adventures, LLC
I further hold Charleston Outdoor Adventures, LLC harmless from all liability, actions, causes of actions, debt claims and demands of every kind and nature whatsoever which I now have or which may arise from or in connection with my participation in this activity.
I further promise and agree not to sue, assert or otherwise maintain any claim against Charleston Outdoor Adventures, LLC or its officers, agents or employees, for any injury, illness death or damage to myself or my property arising from or in any way connected with my participation in this activity.
Should it become necessary for Charleston Outdoor Adventures, LLC or someone on Charleston Outdoor Adventures, LLC’s behalf, to incur attorney’s fee and cost to enforce this agreement, or any portion thereof, I agree to pay Charleston Outdoor Adventures, LLC reasonable costs and attorney’s fees thereby expended, or for which liability is incurred.
I certify that I have sufficient health, accident and liability insurance to cover any bodily injury or property damage I may incur while participating in this event to cover bodily injury or property damage caused to a third party as a result of my participation in this event. If I have no such insurance, I certify that I am capable of personally paying for any and all such expenses or liability.
I authorize and release to Charleston Outdoor Adventures, LLC the use of my image in any photograph or video recording made during my participation in their activities for any purpose of Charleston Outdoor Adventures, LLC. Further, I agree to indemnify Charleston Outdoor Adventures, LLC its officers, agents, employees and volunteers for any claim, inclusive of attorneys’ fees and costs, for any action brought by or on behalf of my minor child.
My signature indicates that I have read this entire document, understand it completely, I understand that if affects my legal rights, and agree to be bound by its terms.
Date: November 16, 2019