In consideration of the services of Northwest River Guides, LLC dba eNRG Kayaking, its officers, managers, members, employees, agents, volunteers and all other persons or entities acting in any capacity on its behalf (hereinafter “NRG”), I hereby agree to release and discharge NRG, on behalf of myself, my spouse, my children, my parents, my heirs, assigns, personal representative and estate as follows:
1. I acknowledge whitewater kayaking, kayaking instruction, rafting, Standup paddle boarding, and river safety/rescue training entail known and inherent risks, as well as unknown/unanticipated risks which could result in serious physical, mental or emotional injury or trauma, paralysis, death, drowning or damage to myself, third parties and my own or others' property. I understand such risks cannot be eliminated without jeopardizing the essential qualities of these activities.
These risks include but are not limited to: 1) weather conditions that may change quickly, including temperature, precipitation, wind, lightning and excessive heat and sun; 2) water conditions that may change quickly, including water level, waves, currents, eddies and whirlpools; 3) overexertion, dehydration, hypothermia (being too cold), hyperthermia (being too hot) and sunburn; 4) contact with aquatic and land animals, including insects, reptiles and wildlife, in the water or on land; 5) rocks or other debris falling from overhanging shore areas and falling trees or branches; 6) difficult terrain or walking conditions along the shore and trails, including mud, slippery rocks, loose footing and steep slopes; 7) falling, capsizing or being flipped into the water (intentionally or unintentionally), including when exiting/entering a kayak raft and resulting swims in rapids; 8) injury to a participant's finger, hand, arm, torso or head due to striking parts of a kayak/raft or being struck by other objects while in a kayak or raft; 9) muscular or skeletal injury, dislocation or strain due to direct or indirect mechanism, especially in the wrist, shoulder, spine and hips, and including knee injuries while getting into or out of a kayak or raft; 10) rotator cuff or shoulder injuries incurred during bracing or similar activities, and tendonitis or other over use injuries; 11) personal injury or property damage to (or loss of) my property or property owned by others (including NRG) due to collision with persons or equipment both inside and outside a kayak or raft, the kayak or raft itself and other watercraft, and natural or man-made objects in the water such as bridge abutments, trees, rocks, driftwood or other debris, or due to water immersion or being trapped in a wave “reversal”; 12) collision with or being pinned against natural or man-made objects in the water such as bridge abutments, rocks, trees, logs, branches and other vegetation, debris or objects (whether hidden or visible) located in or floating upon the river or on the river bank; 13) injury to a foot, ankle, knee or other part of a participant's leg due to entrapment in a kayak or raft, or otherwise being trapped or crushed while in a kayak or raft; 14) foot or leg entrapment on the river bottom or entrapment due to lines or other gear in a kayak or raft; 16) improper first aid, emergency treatment or other attempted rescue services, including evacuation and the unavailability of life saving services or immediate medical attention in the case of injury; 17) my own physical condition and acts or omissions, including my level of kayaking or rafting experience and expertise; 18) exposure to polluted or contaminated water, including giardia; 19) the consumption of tainted food or drink during the trip; 20) my own and other participants' attempts to exceed kayaking / rafting skills and/or kayaking / rafting in a reckless manner; 21) my own failure or that of other participants to follow the safety guidelines and other instructions of NRG instructors/guides, including always wearing helmets, shoes and a personal flotation device; 22) my own and others’ improper use of equipment; 23) inadequate repair or maintenance of NRG facilities and equipment; 24) manufacturing or other defects, both apparent and latent, in the equipment supplied or used by NRG; 25) vehicular or pedestrian accident while being transported or walking to or from NRG staging areas; and 26) error or negligence on the part of NRG and its instructors, guides and employees, including insufficient instruction or assistance.
Furthermore, NRG and its instructors and guides have difficult jobs to perform. They seek safety, but they are not infallible. They might not be aware of a participant's fitness or abilities. They might misjudge the weather, the elements or the water or terrain. They may give insufficient warnings or instructions, and the equipment being used might malfunction.
2. I expressly agree and promise to accept and assume all of the risks existing in whitewater kayaking, kayaking instruction, rafting, standup paddle boarding, and river safety/rescue training including but not limited to those listed above. My participation in these activities is purely voluntary, and I elect to participate in these activities in spite of the risks.
3. I hereby voluntarily release, forever discharge and agree to indemnify and hold harmless NRG from any and all claims, demands or causes of action which are in any way connected with my participation in these activities or the use of NRG equipment or facilities, including all such claims which allege negligent acts or omissions of NRG.
4. Should NRG or anyone acting on its behalf, be required to incur attorney's fees and costs to enforce this agreement, I agree to indemnify and hold it harmless for all such fees and costs. I agree substantive Oregon law (and not only conflict of law rules) rather than the law of any other state or jurisdiction shall be applied in any legal action involving the interpretation, validity and/or enforceability of this agreement, and any legal action resulting from my participation in this activity shall be brought only in Multnomah County, Oregon. In the event any portion of this agreement is deemed invalid or unenforceable, all other portions of this agreement shall remain in full force and effect.
5. I certify that I have insurance to cover injury or damage I may cause or suffer while participating in these activities, or else I agree to bear the costs of such injury or damage myself. I further certify that I have no medical or physical conditions which could interfere with my safety in these activities, or else I am willing to assume -- and bear the costs of -- all risks that may be created, directly or indirectly, by any such conditions.
6. I acknowledge that NRG has a Zero Tolerance drug and alcohol policy and I certify that I have not consumed drugs or alcohol with six hours of any trip or class, and I will not do so while participating in any trip or class with NRG.
7. By clicking register below, you are acknowledging that an inherent risk of exposure to COVID-19 exists in any public place where people are present. By attending an NRG tour or rental, you and any guests voluntarily assume all risks related to exposure to COVID-19 and agree not to hold Northwest River Guides LLC; eNRG Kayaking; Sportcraft; or any of their affiliates, directors, officers, employees, agents, contractors, or volunteers liable for any illness or injury.
I expressly grant to NRG the right to use, in whole or part, my name, likeness, image, in connection with the trip in all manner and media as. Producer shall determine in its sole discretion. NRG and its successors and assigns, shall own all right, title and interest, including the copyright(s) in and to these images, to be used and disposed of throughout the world in perpetuity without limitation.
BY SIGNING THIS DOCUMENT, I ACKNOWLEDGE THAT IF I AM HURT OR ANY PROPERTY IS DAMAGED DURING MY PARTICIPATION IN THESE ACTIVITIES, I MAY BE FOUND BY A COURT OF LAW TO HAVE WAIVED MY RIGHT TO MAINTAIN A LAWSUIT AGAINST NORTHWEST RIVER GUIDES, LLC ON THE BASIS OF ANY CLAIM FROM WHICH I HAVE RELEASED IT HEREIN. I HAVE HAD SUFFICIENT OPPORTUNITY TO READ THIS ENTIRE DOCUMENT. I HAVE READ AND UNDERSTOOD IT, AND I AGREE TO BE BOUND BY ITS TERMS.
Today's Date: January 29, 2023