ASSUMPTION OF RISK, WAIVER OF LIABILITY AND HOLD HARMLESS RELEASE AGREEMENT FOR GOOD AND VALUABLE CONSIDERATION, including permission to use a pedal boat, canoe, kayak or stand-up paddleboard and related functions (the “Activity”), agree that I, being at least 18 years old, accept these terms and conditions on behalf of myself and, if applicable as a result of my purchase of rental equipment, on behalf of a minor and/or other adult; for myself, my successors, next of kin, heirs, assigns, estate, executors, and administrators:
1. Agree, that prior to participation in the Activity, I will inspect the facilities, equipment, and areas to be used, and if I believe any of them are unsafe, I will immediately advise the person supervising the Activity, facility, or area;
2. Agree to compensate Headwaters Kayak, Inc. for any lost or damaged equipment that I may cause; up to but not exceeding retail cost of equipment.
3. Acknowledge I fully understand the Activity is hazardous and my participation may involve risk of serious injury or death, including economic losses which may result not only from my own actions, inactions, or negligence, but also from the actions, inactions, or negligence of others, including, but not limited to, those caused by weather, temperature, a lack of hydration, other canoes, kayaks, motorized or non-motorized watercraft, equipment, facilities, other kayakers and water users, varying water conditions, varying depth, currents, obstacles, natural or manmade objects;
4. Agree to wear my personal flotation device at all times while participating in the Activity and understand that although I may be wearing my personal flotation device, a personal flotation device cannot guarantee the safety of participants;
5. Agree not to enter any closed areas and understand that entering or participating in the Activity outside the designated area is more dangerous and may be unlawful. If I go outside the boundaries and Headwaters’ staff has to come guide me back inside the boundaries I agree to pay a $25 fee to Headwaters;
6. I understand that Headwaters Kayak, Inc. enforces a No Smoking & No Alcohol policy while operating company kayaks. I understand that I will be subject to a $50 per person fee if I smoke or drink alcohol during the Activity;
7. I understand that I MUST return equipment back to the Headwaters Kayak, Inc. dock by close of business. I understand that I will be subject to a fine of $50 per piece of equipment for any late returns. I agree that prior to participation in the Activity, I will confirm the closing time of Headwaters Kayak, Inc. on the day of the Activity.
8. Certify that I am in good health and have no physical condition that would prevent me from participating in the Activity and that I have sufficiently prepared for participation in this Activity and have not been otherwise advised against participation by qualified medical personnel;
9. Assume any and all risks of personal injuries to myself, including medical or hospital bills, permanent or partial disability, death, and damage to my property, caused by or arising from my participation in the Activity;
10. Agree to allow my image (photo, digital, video, etc.) to be used in published materials and websites that promote the programs of the City of Lodi and Headwaters Kayak, Inc.;
11. Release, waive, discharge and relinquish the City of Lodi and Headwaters Kayak, Inc., jointly and severally, and their respective elected and appointed officials, officers, employees, agents, directors, owners, and volunteers, from any liability, loss, damage, claim, demand or cause of action against them arising from or attributable to my participation in the Activity whether the same shall arise by their negligence or otherwise;
12. Covenant not to sue or present any claim for personal injury, property damage, or wrongful death against the City of Lodi, Headwaters Kayak Inc., or their respective elected and appointed officials, officers, employees, agents, directors, owners, and volunteers, attributable to my participation in the Activity.
I acknowledge that this waiver and release is effective from the date first signed through and including December 31, 2020. I acknowledge that I have read and understand the foregoing and agree to be bound thereby. I understand this document is a legally binding agreement that relieves the City of Lodi and Headwaters Kayak Inc., jointly and severally, and their respective elected and appointed officials, officers, employees, agents, directors, owners, and volunteers named herein from liability for personal injury, wrongful death, and property damage caused by negligence. Further, I understand that I have given up and released legal rights by signing this waiver, and nonetheless sign voluntarily.