Outdoor Excursions, Inc. (hereafter referred to as OEI), dba White River Canoe Company (hereafter referred to as WRCC), is an independent corporation providing recreational opportunities that include, but are not limited to, canoeing, kayaking, and river tubing. Our sports, like other recreational activities, include inherent risks that can never be eliminated regardless of how much emphasis we place on reducing risk.
INHERENT RISKS: OEI/WRCC feels it is important that all participants (ADULT PARTICIPANTS or MINOR PARTICIPANTS and/or RESPONSIBLE ADULTS) understand the nature of our sports and are aware of, understand, and appreciate the inherent risks involved. The sports of canoeing, kayaking, and river tubing involve known and unanticipated risks which could result in physical or emotional injury, paralysis or permanent disability, death, and property damage. Risks include, but are not limited to, death as a result of drowning or brain damage caused by near drowning; broken bones, torn ligaments or strains as a result of falls while launching or exiting the water, or while carrying a canoe, kayak, or river tube; medical conditions resulting from physical activity; and damaged clothing or other property. Such risks simply cannot be eliminated, despite the use of safety equipment, pre-trip orientation, and all good faith risk management practices otherwise.
ASSUMPTION OF INHERENT RISKS: I, the ADULT PARTICIPANT, or MINOR PARTICIPANT(S) and/or RESPONSIBLE ADULT, have read the above paragraphs (or had the risks explained to me) and acknowledge identical signage at various places on OEI’s property and literature advising me of the same, and know that OEI/WRCC canoeing, kayaking, and river tubing contain inherent risks which vary with the activity. I understand the demands of those activities relative to my physical condition and skill level, and I understand the type of injuries that may occur as a result of OEI/WRCC activities and their potential impact on my well-being, lifestyle, and both current and potential future careers. I hereby assert that my participation is voluntary and that I knowingly assume all inherent risks.
WAIVER OF LIABILITY: In consideration of permission for myself and/or MINOR PARTICIPANT(S) to use the OEI property, facilities, and services, TODAY AND ON ALL FUTURE DATES, I, the ADULT PARTICIPANT, or MINOR PARTICIPANT(S) and/or RESPONSIBLE ADULT, on behalf of myself, my spouse, my heirs, personal representatives, assigns, or others making a claim on behalf of myself or a MINOR PARTICIPANT [hereafter referred to as Releasing Parties] do hereby release, waive, discharge, and covenant not to sue OEI, its owners, directors, officers, employees, members, lessors, lessees, volunteers, independent contractors, equipment providers, and agents, [hereafter referred to as Protected Parties] from any and all liability of any kind or character whatsoever, whether foreseen or unforeseen, whether under theories of Negligence, Breach of Contract, or Otherwise.
INDEMNIFICATION AGREEMENT: I, the ADULT PARTICIPANT and/or RESPONSIBLE ADULT, agree to hold harmless, defend, and indemnify OEI and Protected Parties (that is, defend and pay any judgment and costs, including investigations costs, attorney’s fees and related expenses) from any and all claims of the Releasing Parties arising from an injury or loss by myself or MINOR PARTICIPANT(S) due to our participation at OEI (including claims arising from the inherent risks of OEI activities and those arising from the NEGLIGENCE of OEI or Protected Parties). I further agree to hold harmless, defend, and indemnify OEI and Protected Parties (that is, defend and pay any judgement and costs, including investigation costs and attorney’s fees and related expenses) against any and all claims of co-participants, rescuers, and others arising from the conduct of myself or a MINOR PARTICIPANT(S) in the course of our participation at OEI (including claims arising from the inherent risks of OEI activities and those arising from the NEGLIGENCE of OEI or Protected Parties.
RENTAL AGREEMENT: I am renting paddles, PFDs, seat cushions, and a numbered canoe, kayak or tube and I agree to return the same equipment in the same condition as I received it. Furthermore, I will pay the following charges for items not returned, damaged beyond repair, or for repairs, and for additional services necessary due to my negligence or violations of WRCC policies: $60.00 each for lost or broken paddles, $30.00 each for lost or torn seat cushion(s) and/or life vests, $75.00 if the staff of WRCC must recover my canoe, kayak, or river tube because I did not finish my trip, $500.00 per kayak, $700.00 per canoe, $50 per river tube, $100.00 for repairable damage to rented canoes or kayaks- as determined solely by WRCC, $20 for every half hour late due to missing the last shuttle at Wapahani Landing, $20.00 for every half hour after 6:30pm that we have not returned the boats and/or tubes.
CLARIFYING CLAUSES: I, the ADULT PARTICIPANT and/or the RESPONSIBLE ADULT, understand that this agreement between myself and OEI cannot be modified or changed in any way by representations or statements by any agent or employee of OEI. I also understand that if legal action is brought, the Circuit or Superior Court of Hamilton County, Indiana or The United States District Court for the Southern District of Indiana has the sole and exclusive jurisdiction and that only the substantive laws of the State of Indiana shall apply. I further expressly agree that the foregoing Assumption of Risk, Waiver of Liability, Indemnification Agreement and Rental Agreement is intended to be as broad and inclusive as is permitted by the laws of the State of Indiana and that if any portion thereof is held invalid, it is agreed that the balance shall, notwithstanding, continue in full legal force and effect.
Dated: December 15, 2018