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URBAN KAYAKS, LLC

ASSUMPTION OF RISK, WAIVER OF LIABILITY AND INDEMNITY AGREEMENT 2020

In consideration of URBAN KAYAKS, LLC furnishing services and/or equipment and enabling me to participate in URBAN KAYAKS, LLCs events and activities, which involve kayaking in the Chicago River (collectively, the Activities), I hereby agree as follows:

Assumption of Risk. I acknowledge that the Activities in which I have voluntarily chosen or permitted my child to engage are inherently dangerous and require a certain degree of physical condition, ability, and skill. I acknowledge and willingly assume all risks and hazards involved with my (or my childs) participation in the Activities, which I understand may even arise outside of the water. Some of these risks include, but are not limited to: (1) drowning or physical injury resulting from submersion in water, (2) colliding with rocks, debris, or other vessels in the Chicago River or Monroe Harbor, (3) physical injuries resulting from operating the kayak such as muscle strains or sprains, (4) falling while entering or exiting the kayak, (5) contacting or ingesting pollutants and/or bacteria, (6) encounters with wildlife and insects, (7) exposure to outdoor elements, and (8) rescue-related injuries. I understand and acknowledge that the foregoing list is not exhaustive and that other risks may also exist. I assume all known and unknown risks and accept responsibility for any property damage and loss, and for any personal injury, illness, disability, emotional distress and/or death that I (or my child) may suffer, whether or not described above, arising from my (or my childs) participation in the Activities. I acknowledge that I am solely responsible for determining my (or my childs) suitability to participate in the Activities.

Waiver and Release. I, on my own behalf and on behalf of my heirs, executors, administrators, successors and assigns, do hereby release and forever discharge URBAN KAYAKS, LLC, and any and all of its parents, subsidiaries, affiliated and related entities, and the owners, lessors, and lessees of any premises or property used in connection with the Activities (including, without limitation, the Chicago Park District, the City of Chicago, and the State of Illinois), and all of their respective predecessors, past and present members, owners, partners, promoters, agents, attorneys, insurers, managers, officers, and employees (collectively, the RELEASEES), and each of them, of and from, and do hereby waive, any and all rights, contracts and agreements (whether express or implied), torts, claims, damages, attorneys fees, actions, causes of action, and suits, based upon, arising out of, or in any way relating or connected to, directly or indirectly, my (or my childs) participation in the Activities. Included within the foregoing waiver and release are any and all claims against any RELEASEE arising from any RELEASEEs negligence, fault, or other act or omission, including without limitation any failure to render any type of rescue, emergency, or medical assistance or services, which causes me injury, illness, disability, emotional distress, property damage, or death, whether or not foreseeable or contributed to by the actions or omissions of others.

Indemnity. I agree to defend, indemnify, and hold harmless the RELEASEES, and each of them, of and from any and all claims, causes of action, liabilities, damages, attorneys fees, costs, and/or expenses that any RELEASEE may suffer or incur, including, without limitation, for loss, theft or damage to property, personal injury, disability, death, or any other loss of any kind or nature, whether caused by the negligence or fault of any RELEASEE or otherwise, brought by or on behalf of me, or my heirs, executors, administrators, successors or assigns, or by or on behalf of any third party, regardless of whether such third party is a participant in the Activities, arising from or relating to my or my childs participation in the Activities or my breach of this Agreement.

Photo Consent. I consent and agree that URBAN KAYAKS, LLC or its agents may take photographs, video, film or other images of me (or my child) participating in the Activities and hereby grant URBAN KAYAKS, LLC and its agents the right and license to freely use, publish, display and distribute any such photographic or other images of me (or my child) for any lawful purpose in connection with the business of URBAN KAYAKS, LLC (including, for example, placing photographs of me participating in the Activities in promotional or marketing materials or on the companys website) without providing me or my child with any compensation. I waive all rights of prior inspection or approval in connection with URBAN KAYAKS, LLCs use, publication, display and/or distribution of photographic or other images of me (or my child) in the manner described in this Agreement.

Additional. I certify that I am (or my child is) physically and mentally capable of participating in the Activities, have informed URBAN KAYAKS, LLC in writing of any pertinent medical conditions that may affect my (or my childs) participation in the Activities, and I am not under the influence of any alcohol or non-prescription drugs. I agree that the substantive laws of the State of Illinois shall govern this Agreement in all respects, without regard to the conflicts of laws principles of the State of Illinois or any other state. I also consent to the jurisdiction and venue of the state and federal courts sitting, or with jurisdiction over actions arising, in Cook County, in the State of Illinois, and irrevocably agree that all actions or proceedings arising out of or relating to this Agreement shall be litigated in such courts. I agree that any part of this Agreement deemed unlawful or enforceable is severable and shall be stricken without effect on the enforceability of the remaining provisions. I understand that this is the entire agreement between myself and URBAN KAYAKS, LLC and that this Agreement cannot be modified in any way absent the written agreement from an authorized representative of the party to be bound by such modification. I understand that this Agreement has no expiration date and remains in effect at all times that I am (or my child is) participating in the Activities.

I have read this Assumption of Risk, Waiver of Liability, and Indemnity Agreement in its entirety. I understand the contents of this Agreement and I sign it voluntarily. I intend by this Agreement to assume all risks and hazards involved with participating in the Activities, including death or serious injury, and waive all rights to sue that I might otherwise possess.

First Participant's Name

First Name*

Last Name*

Phone*
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 Signature*
Second Participant's Name

First Name*

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

First Name*

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

First Name*

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

First Name*

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

First Name*

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

First Name*

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

First Name*

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

First Name*

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

First Name*

Last Name*
Tenth Participant's Date of Birth*
Parent or Guardian's Email Address

Email*
Your signed waiver will be sent to the email address provided here and is available for download for three days via URL attachment.
Please indicate your level of kayaking experience?
Please check one *
Beginner
Intermediate
Advanced
Please note beginner kayakers and minors under 18 are NOT permitted to rent a kayak alone
Parent(s) or court-appointed legal guardian(s) must sign for any participating minor (those under 18 years of age) and agree that they and the minor are subject to all the terms of this document, as set forth above. I am the parent or guardian of a participant in the Activities who is under eighteen (18) years of age. I represent and warrant that I have legal authority to act on my childs behalf. I have read and understand the foregoing Assumption of Risk, Waiver of Liability, and Indemnity Agreement and I voluntarily agree to its terms on behalf of my child. I authorize URBAN KAYAKS, LLC to obtain medical treatment for my child in the event that URBAN KAYAKS, LLC believes such medical treatment may be necessary, and I agree that any resulting expenses shall be my sole responsibility and not the responsibility of URBAN KAYAKS, LLC or the RELEASEES.


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*

Phone*
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 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.


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