Please read and check off each item.
I will wear my PFD (person floatation device/lifejacket), clipped and properly adjusted at all times and will dress appropriately for the air and water conditions on the day of my paddle.
I will take seriously all advice and instructions given to me by Bay Venture Outfitters staff.
I will respect and avoid all other boat traffic. I am aware that motorized vessels may not see me and it it my responsibility to stay out of their way.
I will pay close attention to the weather and return to shore if I observe gathering thunderstorms, high winds, or other potentially dangerous conditions.
I understand water sports require good judgment and focus, and that if suspected of intoxication I will be asked to leave without a rental and/or refund.
BENSON OUTFITTERS, LLC
WAIVER AND RELEASE OF LIABILITY AGREEMENT
In consideration of being allowed to participate in any way in the program, related events and activities, I the undersigned, acknowledge, appreciate, and agree that:
1. The risk of injury from the activities involved in this program is significant , including the potential for permanent paralysis and death.
2. I KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, both known and unknown, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASEES or others, and assume full responsibility for my participation.
3. I willingly agree to comply with terms and conditions for participation. If I observe any unusual significant hazard during my presence or participation , I will remove myself from participation and bring such to the attention of the nearest official immediately.
4. I, for myself and on behalf of my heirs, assigns, personal representatives and next of kin, HEREBY RELEASE, INDEMNIFY, AND HOLD HARMLESS Benson Outfitters LLC dba Bay Venture Outfitters, its officers, officials, agents and/or employees, other participants, sponsors, advertisers, and, if applicable, owners and lessors of premises used to conduct the event (RELEASEES), from any and all claims, demands , losses, and liability arising out of or related to any INJURY, DISABILITY OR DEATH I may suffer, or loss or damage to person or property, WHETHER ARISING FROM THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE , to the fullest extent permitted by law.
I herby grant to Benson Outfitters LLC, and Benson Outfitters LLC reserves, the right to use for promotional purposes any photographs or video taken of all participants by Benson Outfitters LLC during any activity related to the mission of the business.
Assumption of the Risk and Waiver of Liability Relating to Coronavirus/COVID-19
The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious and is believed to spread mainly from person-to-person contact. As a result, federal, state, and local governments and federal and state health agencies recommend social distancing and have, in many locations, prohibited the congregation of groups of people.
Bay Venture Outfitters (BVO) has put in place preventative measures to reduce the spread of COVID-19; however, BVO cannot guarantee that you or your child(ren) will not become infected with COVID-19. Further, activities and rentals conducted by BVO could increase your risk and your child(ren)’s risk of contracting COVID-19.
By signing this agreement, I acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that my child(ren) and I may be exposed to or infected by COVID-19 by participating in activities and rentals conducted by BVO and that such exposure or infection may result in personal injury, illness, permanent disability, and death. I understand that the risk of becoming exposed to or infected by COVID-19 at BVO may result from the actions, omissions, or negligence of myself and others, including, but not limited to, BVO employees, volunteers, and participants and their families.
I HAVE READ THIS RELEASE OF LIABILITY AND ASSUMPTION OF RISK 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.