In consideration of being allowed to participate in Paddleboarding, Kayaking, and Canoeing (the “Activities”) offered by HAPPY MEDIA LLC (dba Litchfield Paddle) (“Releasee”), I the undersigned (“Releasor”), acknowledge and agree that:
1. Paddlesports are inherently dangerous, and the risk of injury from the Activities is significant, including the potential for permanent injury, paralysis, and death. RELEASOR KNOWINGLY AND FREELY ASSUME ALL RISKS of the Activities, both known and unknown, whether due to the inherent dangers of Paddlesports or otherwise, even if due to the NEGLIGENCE of the RELEASOR, including but not limited to: drowning; falling off or out of the paddle craft; interactions with wildlife; variations in the water conditions, including waves, floating debris, stationary rocks, trees, or buoys, seaweed; the negligence, reckless, or intentional actions of boaters, swimmers, or other patrons utilizing the lake, river, or pond, including the risk of being struck by a boat; and/or defects in equipment of the RELEASOR, including paddle craft deflation, popping, or breaking, PDF (lifejacket) malfunctions including deflation, breaking, or decomposition, or the lack of PDF’s. RELEASOR acknowledges that PFD's are made available and that ALL RENTERS ARE REQUIRED TO WEAR PFD's AT ALL TIMES WHILE USING RENTAL BOATS AND EQUIPMENT. RELEASOR understands that a PFD does not remove all risks of injury or death; nor does PFD use make Kayaking, Paddle Boarding, or Canoeing safe activities. No party related to the RELEASEE (Happy Media LLC dba Litchfield Paddle), including Owner and Employees, has made any representations regarding the safety, or the risks of the activity. RELEASOR expressly assumes all risks of the activity.
2. RELEASOR, for themselves, their heirs, and, personal representatives, HEREBY RELEASE, INDEMNIFY, AND HOLD HARMLESS RELEASEE) and their respective owners, officers, managers, agents, and/or employees, as well as other participants in the Activities from any and all lawsuits, claims, demands, losses, and liability arising out of or related to any NEGLIGENCE, INJURY, ACCIDENT OR DEATH they may suffer arising from or in connection with their participation in any Activities, as well as or loss or damage to any other person or property, to the fullest extent permitted by law.
3. RELEASOR acknowledges and understands that the Activities are only permitted to be undertaken by experienced swimmers. By signing the below, RELEASOR warrants that he/or she and/or his minor child(ren) are experienced swimmers.
4. To the extent this Participation Release of Liability and Assumption of Risk Agreement is being signed by the parent(s) and/or legal guardian(s) of a minor, the parent(s) and/or legal guardian(s) acknowledge and agree that they will supervise the minor child at all times during the Activities. RELEASEE is not responsible for any injuries, paralysis, or death that my result from the failure of the parent(s) and/or legal guardian(s) failure to supervise and/or monitor the minor child.
5. RELEASOR acknowledges and agrees that in lieu of signing the instant Participation Release of Liability and Assumption of Risk Agreement, RELEASOR could pay RELEASEE the reasonable fee of fifty ($50.00) dollars per participant.
6. RELEASOR and/or his/her parent or legal guardian(s) certify that the RELEASOR has no physical or mental condition that precludes him/her from participating in the Activities and that he/she is not participating against medical advice. The RELEASOR and/or his/her legal guardian(s) understand and agree that the RELEASOR is obligated to follow the rules of the Activities, including but not limited to wearing a PFD at all times on the water and refraining from being under the influence of alcohol and/or drugs at any time during participation in the Activities. RELEASOR and/or his/her parent or legal guardian(s) understand, agree, and represent that he/she can and will minimize his/her risk of injury by following the rules of the Activities, exercising common sense and by being aware of his/her surroundings. RELEASOR and/or his/her parent or legal guardian(s) certify that the RELEASOR has swam before without suffering injury and that the RELEASOR is an experienced swimmer.
7. This Participation Release of Liability and Assumption of Risk Agreement shall be governed by the laws of the State of Connecticut.
I HAVE BEEN GIVEN SUFFICIENT TIME TO READ AND I HAVE READ THIS RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT, FULLY UNDERSTAND ITS TERMS, AND UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, INCLUDING THE RIGHT TO SUE AT BOTH LAW AND IN EQUITY UNDER BOTH STATUTORY AND THE COMMON LAW, AND SIGN IT FREELY AND VOLUNTARILY.
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