Loading...

RESILIENCE ADVENTURES LLC
RELEASE OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNIFICATION AGREEMENT

Please read both pages carefully before signing. 

1 . ACTIVITY AND ASSOCIATED RISKS: I have chosen to participate in the following activity (Activity): 

I understand that: 

  • the Activity is inherently hazardous, and I may be exposed to dangers and hazards, including some of the  following: unpredictable ocean or river currents, lightening, hypothermia, hostile or aggressive wildlife,  drowning, death, falls, fractures, concussions, dangerous weather, overexertion, overheating, injuries from  my lack of fitness or conditioning, equipment failures, and negligence of others; 
  • as a consequence of these risks, I may be seriously hurt or disabled or may die from the resulting injuries, and my property may also be damaged; 
  • hospital facilities, qualified medical care, and emergency medical evacuation may be limited or unavailable  during portions of the Activity; and 
  • Resilience Adventures LLC (Resilience) assumes no responsibility for providing medical care during the  Activity, and I will have to pay for any medical care and/or evacuation that I incur. 

In consideration of the permission to participate in the Activity, I agree to the terms contained in this document. 

2. ASSUMPTION OF THE RISKS: I hereby freely assume the above-mentioned risks and any harm, injury or loss that may occur to me or my property as a result of my participation in the Activity or during any transportation to or from the Activity—including any injury or loss caused by the negligence of Resilience Adventures  LLC its employees and officers, its contractors, and other Activity participants. I also understand that any equipment that I provide or may borrow from Resilience Adventures LLC or any other provider I use at my own risk and that any  such equipment is provided without any warranty about its condition or suitability. 

3. RELEASE OF LIABILITY: I hereby RELEASE Resilience Adventures LLC, its contractors, the providers of any  equipment used in the Activity, municipal or governmental providers of use permits, and their respective employees,  officers, and directors including but not limited to Shipyard Associates LP, Hoboken Yacht Club LLC, Hoboken Marina  Yacht Club LLC, Hoboken Yacht Club Assets Corp, Hoboken Cove Boathouse, the City of Hoboken and Zerve Inc.  ("the Released Parties") FROM ALL LIABILITIES, CAUSES OF ACTION, CLAIMS AND DEMANDS that arise in  any way from any injury, death, loss or harm that occur to me or to any other person or to any property during  the Activity or in any way related to the Activity, including during transportation to or from the Activity. This release  includes claims for the negligence of the Released Parties and claims for strict liability for abnormally dangerous  activities. This release does not extend to claims for gross negligence, intentional or reckless misconduct, or any  other liabilities that law does not permit to be excluded by agreement. I also agree NOT TO SUE or make a claim  against the Released Parties for death, injuries, loss or harm that occur during the Activity. 

4. INDEMNIFICATION HOLD HARMLESS AND DEFENSE: I promise to INDEMNIFY, HOLD HARMLESS AND  DEFEND the Released Parties (defined in Section 3) against any and all claims to which Section 3 of this  agreement applies, including claims for their own negligence. I also promise to INDEMNIFY, HOLD HARMLESS  AND DEFEND the Released Parties against any and all claims for my own negligence, and any other claim arising  from my conduct during the Activity. In accordance with these promises, I will reimburse the Released Parties for  any damages, reasonable settlements and defense costs, including attorney's fees, that they incur because of any  such claims made against them. I agree that in the event of my death or disability, the terms of this agreement,  including the indemnification obligation in this Section, will be binding on my estate, and my personal  representative, executor, administrator or guardian will be obligated to respect and enforce them. 

5. AGREEMENT TO FOLLOW DIRECTIONS: I agree to follow the rules for the Activity provided to me and to follow directions given to me by the leaders of the Activity, including WEARING A LIFE VEST or PERSONAL FLOTATION DEVICE whenever I am on the water. 

6. INDEPENDENT CONTRACTORS: I acknowledge that Resilience has no control over and assumes no responsibility for the actions of any independent contractors providing any services for the Activity. 

7. USE OF MY LIKENESS: I understand that during the Activity I may be photographed or videotaped. To the fullest extent allowed by law, I waive all rights of publicity or privacy or pre-approval that I have for any such likeness of me or use of my name in connection with such likeness, and I grant to Resilience Adventures LLC and its assigns permission to copyright, use, and publish (including by electronic means) such likeness of me, whether in whole or part, in any form, without restrictions, and for any purpose. 

8. SEVERABILITY: I agree that the purpose of this agreement is that it shall be an enforceable release of liability and indemnity as broad and inclusive as is permitted by law. I agree that if any portion or provision of this agreement is found to be invalid or unenforceable, then the remainder will continue in full force and effect. I also agree that any invalid provision will be modified or partially enforced to the maximum extent permitted by law to carry out the purpose of the agreement. 

I have fully informed myself of the contents of this agreement by reading it before signing it. No oral representations, statements or other inducements to sign this release have been made apart from what is contained in this document. 

Today's Date: April 26, 2024

First Participant's Name

First Name*

Last Name*
First Participant's Age Acknowledgment*
First Participant's Date of Birth*
I certify that I am 18 years of age or older
First Participant's Information

Medical Issues/Medications: Please indicate any condition/medication relevant to physical activity, communication or immersion in water, e.g. asthma, seizures, cardiac, hearing loss, etc *
First Participant's Signature*
Second Participant's Name

First Name*

Last Name*
Second Participant's Date of Birth*
Second Participant's Information

Medical Issues/Medications: Please indicate any condition/medication relevant to physical activity, communication or immersion in water, e.g. asthma, seizures, cardiac, hearing loss, etc *
Third Participant's Name

First Name*

Last Name*
Third Participant's Date of Birth*
Third Participant's Information

Medical Issues/Medications: Please indicate any condition/medication relevant to physical activity, communication or immersion in water, e.g. asthma, seizures, cardiac, hearing loss, etc *
Fourth Participant's Name

First Name*

Last Name*
Fourth Participant's Date of Birth*
Fourth Participant's Information

Medical Issues/Medications: Please indicate any condition/medication relevant to physical activity, communication or immersion in water, e.g. asthma, seizures, cardiac, hearing loss, etc *
Fifth Participant's Name

First Name*

Last Name*
Fifth Participant's Date of Birth*
Fifth Participant's Information

Medical Issues/Medications: Please indicate any condition/medication relevant to physical activity, communication or immersion in water, e.g. asthma, seizures, cardiac, hearing loss, etc *
Sixth Participant's Name

First Name*

Last Name*
Sixth Participant's Date of Birth*
Sixth Participant's Information

Medical Issues/Medications: Please indicate any condition/medication relevant to physical activity, communication or immersion in water, e.g. asthma, seizures, cardiac, hearing loss, etc *
Seventh Participant's Name

First Name*

Last Name*
Seventh Participant's Date of Birth*
Seventh Participant's Information

Medical Issues/Medications: Please indicate any condition/medication relevant to physical activity, communication or immersion in water, e.g. asthma, seizures, cardiac, hearing loss, etc *
Eighth Participant's Name

First Name*

Last Name*
Eighth Participant's Date of Birth*
Eighth Participant's Information

Medical Issues/Medications: Please indicate any condition/medication relevant to physical activity, communication or immersion in water, e.g. asthma, seizures, cardiac, hearing loss, etc *
Ninth Participant's Name

First Name*

Last Name*
Ninth Participant's Date of Birth*
Ninth Participant's Information

Medical Issues/Medications: Please indicate any condition/medication relevant to physical activity, communication or immersion in water, e.g. asthma, seizures, cardiac, hearing loss, etc *
Tenth Participant's Name

First Name*

Last Name*
Tenth Participant's Date of Birth*
Tenth Participant's Information

Medical Issues/Medications: Please indicate any condition/medication relevant to physical activity, communication or immersion in water, e.g. asthma, seizures, cardiac, hearing loss, etc *
Participant's Address
Address Line 1:*
Street address, P.O. box, company name, c/o
Address Line 2:
Apartment, suite, unit, building, floor, etc.
Country:*
City:*
State/Province:*
Zip/Postal:*
Parent or Guardian's Email Address

Email*

Confirm Email*
Check to receive information, news, and discounts by e-mail.
Emergency Contact

First Name*

Last Name*

Emergency Contact's Phone Number*
In consideration of the minor child being permitted to participate in the Activity, I accept and agree to the full contents of this agreement. I also agree to RELEASE, HOLD HARMLESS, INDEMNIFY AND DEFEND the Released Parties (defined in Section 3) from all liabilities and claims that arise in any way from any injury, death, loss or harm that occurs to the minor child during the Activity or in any way related to the Activity. This includes any claim of the minor and any claim arising from the negligence of the Released Parties. I understand that nothing in this agreement is intended to release claims for gross negligence, intentional, or reckless misconduct, or any other liabilities that the law does not permit to be excluded by agreement.


By signing below the parent or court-appointed legal guardian agrees that they are also subject to all the terms of this document, as set forth above.
Parent or Guardian's Name

First Name*

Last Name*
Parent or Guardian's Age Acknowledgment*
Parent or Guardian's Date of Birth*
I certify that I am 18 years of age or older
Parent or Guardian's Information

Medical Issues/Medications: Please indicate any condition/medication relevant to physical activity, communication or immersion in water, e.g. asthma, seizures, cardiac, hearing loss, etc *
Parent or Guardian's Signature*
Electronic Signature Consent*
 By checking here, you are consenting to the use of your electronic signature in lieu of an original signature on paper. You have the right to request that you sign a paper copy instead. By checking here, you are waiving that right. After consent, you may, upon written request to us, obtain a paper copy of an electronic record. No fee will be charged for such copy and no special hardware or software is required to view it. Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature. There is no penalty for withdrawing your consent. You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.


One or more problems exist. Please scroll up.




Powered by  Smartwaiver - TRY IT FREE!