City of Akron
DANIEL HORRIGAN, MAYOR
CITY OF AKRON, OHIO
WAIVER OF LIABILITY/RELEASE
TODAY'S DATE: April 6, 2020
I am participating in the kayak activity with Breakaway Excursions, LLC on City of Akron property.
I am eighteen years of age or older, and am aware of and understand the risks and dangers involved in such activities, and that unanticipated and unexpected dangers may arise during such activities, and I assume all risks of injury to my person and property, including disability or death, that may be sustained in connection with the stated associated activities, in and about the premises. I understand and agree that the City of Akron has not undertaken any duty or responsibility for my safety or wellbeing. I warrant that I am qualified to participate in the activity, am in good health relative to the activity, and am in proper physical condition to participate in the activity. If I am not eighteen years old or older, then my parent(s) or lawful guardian, as the case may be, has executed this Waiver of Liability and Release and expressly agrees to its terms and conditions.
I, on behalf of myself, my heirs, executors, administrators, successors and assigns, hereby release and forever discharge the City of Akron, its employees, assignees, agents, officers and officials ("Releasees") of any and all liabilities for any injuries I might sustain or any other claims, demands, actions and causes of action that may occur to me because of, resulting from, or arising out of my presence on the premises and/or my participation in the training. I understand that the City of Akron is not waiving nor do they intend to waive any statutory or common law immunities afforded to them.
The undersigned also hereby agrees to indemnify, defend, and hold the Releasees harmless from any and all claims, actions, suits, procedures, costs, expenses, damages and liabilities including, but not limited to, attorney's fees, caused by, arising from, or in any way related to, participant's participation in the kayak activity(ies), except for those arising out of the willful misconduct, gross negligence, or intentional torts of the Releasees, as applicable.
I declare that I have read and fully understand the terms of this waiver and release; that for the sole consideration of said privilege listed herein, I do hereby waive and relinquish all claims, demands, actions and causes of action resulting from my exercising such granted privilege. I, of my own free will and accord, have executed this waiver and release on the date set forth below.
Breakaway Excursions LLC
TODAY'S DATE: April 6, 2020
PLEASE READ BEFORE SIGNING: In consideration of being permitted to participate in any way in the Breakaway Excursions LLC's, ("BE") teambuilding, sports, recreation, river cleaning, paddling programs and related activities ("Activity") I, for myself, my personal representatives, assigns, heirs, and next of kin understand, agree, warrant and covenant as follows:
1. WARNING AND RISK. I Recognize and acknowledge that there are risks associated with Activities which may include but are not limited to; falls, contact with other participants, the effects of weather, misuse or failure of equipment, drowning or collision with another craft, person, or object on land or in the water which could result in damage to personal property and serious bodily injury, including permanent disability, paralysis, and death ("Risks").
2. ACKNOWLEDGEMENT OF RISK: I knowingly and freely accept all risks and injury that may occur while participating in the Activities and all associated activities regardless of whether or not caused in whole or in part by the negligence or fault of BE, it's agents, employees, members or other guests.
3. EXPRESS ASSUMPTION OF RISK AND RESPONSIBILITY: In recognition of the risks of the Activity I or my (child/ward) will engage in, I confirm that I am or my (child/ward) is in good health and are mentally and physically capable of participating in the Activity and/or using equipment. I/we participate willingly and voluntarily and I assume responsibility for damage to or loss of my/our personal property. I also assume all risk(s) included by not limited to sprains; strains, torn muscles, ligaments and/or tendons; fractured or broken bones; cuts, wounds, scrapes, abrasions, and/or contusions; dehydration, oxygen shortage; head, neck and/or spinal injuries; insect bite or allergic reaction, infection; shock, paralysis; and/or death.
4. AUTHORIZATION: I am aware staff/volunteers may provide support for this Activity, including but not limited to the administration of: first aid, CPR (Cardiopulmonary Resuscitation), or the use of AED (Automated External Defibrillator). I authorize any such staff/volunteers to assist me (or my child/ward) and/or to provide such assistance as, in the opinion of such person, may be necessary or appropriate. I also authorize on behalf of myself (or my child/ward) for BE to obtain first aid and/or medical treatment at the nearest and most adequate facility of BE's choice. I either have appropriate insurance or, in its absence, agree to pay all costs of rescue and/or medical services as may be incurred on me or my (child/ward's) behalf. I further give my permission for the free use of my or (my child/ward) name, voice recording, photo or video in any purpose including, social media, BE's webpage, marketing and/advertising materials.
5. COVENANT OF GOOD FAITH: I recognize that BE, as provider of services, will operate under a covenant of good faith and fair dealings, but that BE may find it necessary to terminate an activity due to forces of nature, medical necessities, problems in the group; and/or refuse or terminate the participation of any person BE judges to be unsafe, or incapable of meeting the rigors or requirements of participating in the activity. I accept BE's right to take such actions for the safety of myself and/or other participants. I acknowledge that no guarantees have been made with respect to any Activity.
6. RELEASE: In consideration of, and in recognition of the inherent risks of the Activity, I assume full responsibility for my (child/ward) participation in this Activity and agree for myself (and on behalf of my minor child/ward) to fully release, waive, hold harmless and indemnify BE, its owners, employees, agents, sponsors, other guests, and volunteers from any and all claims related to any illness, injury, including loss of life, property damage or loss of any other description which I (or my child/ward) may sustain arising out of, or in any way associated with my (child/ward) participation in any Activity.
I have fully read this waiver and release agreement and fully understand its terms, and I understand that I have given up substantial rights by signing it and sign it freely and voluntary without inducement.