Waiver, and Release Agreement
This is a release of liability and waiver of certain legal rights. In consideration for my being permitted to participate in the activities of Take It Outdoors Adventures, I agree to the following waiver and release:
I acknowledge that water activities, bicycling and hiking have inherent risks, hazards, and dangers for anyone that cannot be eliminated, particularly in a wilderness environment. I understand these risks, hazards, and dangers include without limitation:
- The services of provider may include renting equipment and providing trips by raft, tube, canoe, kayak, stand up paddle board, or bicycle, related activities, and/or travel to and from the activities, or temperature extremes.
- The hazards and risks together referred to as “Risks”, of the use of the watercraft include the following, but are not limited to, entering, exiting and operating the watercraft in dangerous water conditions; entrapment; injury from slips and falls; and drowning. Further, activities may take place in remote places, significantly delaying emergency medical care.
- The hazards and risks together referred to as “risks” of the use of the bicycles include the following: injury from slips, falls and accidents; operating the bicycle in extreme weather, operating the bicycle on roadways. Further, activities may take place in remote places, significantly delaying emergency medical care.
- Participant acknowledges that novel coronavirus (“Covid-19”) infections have been confirmed throughout the United States as well as within the county and region in which the activities listed above will occur. Participant further acknowledges that participating in such activities comes with the inherent risk of contracting Covid-19 from Take It Outdoors Adventures staff, other customers or the general public. Participant agrees to adhere to all Covid-19 related protocol and restrictions in place as promulgated by the Commonwealth of Pennsylvania, and required by Take It Outdoors Adventures.
- Participant, and the parent or guardian of a minor Participant, acknowledge and understand that the description of activities and risks above is not complete and that all activities, whether or not described, may be dangerous and may include risks which are inherent and cannot be responsibly avoided without changing the nature of the activity.
- Provider has made no effort to determine, and accepts no responsibility for medical, physical, or other qualifications or the suitability of Participant for activities. Participant and the parent or guardian of a minor participant accepts full responsibility for determining Participant’s suitability for participating in the activities.
- Consumption of even small quantities of alcohol will and other substances may impair judgment and reduce a participant’s ability to effectively manage the risks of water travel, bicycling, camping, and land activities.
Participants should always wear a fastened personal flotation device; participants should wear footwear which will provide protection from sharp objects, and will minimize the risk of foot entrapment. Participants should always wear a helmet when operating a bicycle.
I, for myself, my heirs, successors, executors, and subrogees, hereby KNOWINGLY AND INTENTIONALLY WAIVE AND RELEASE, INDEMNIFY AND HOLD HARMLESS TAKE IT OUTDOORS, their directors, officers, agents, employees, and volunteers from and against any and all claims, actions, causes of action, liabilities, suits, expenses (including reasonably incurred attorney’s fees) which are related to: Negligence of any kind or nature, whether foreseen or unforeseen, arising directly or indirectly out of any damage, loss, injury, paralysis, or death to me or my property as a result of my engaging in these activities or the use of these services, or equipment whether such damage, loss, injury, paralysis, or death results from negligence of Take It Outdoors or from some other cause. I, for my heirs, successors, executors, subrogees, and myself further agree not to sue Take It Outdoors as a result of any injury, paralysis, or death suffered in connection with my use and participation in the activities of Take It Outdoors.
I hereby grant Take It Outdoors Adventures the unrestricted right and permission to copyright and use, re-use, publish, and republish photographic portraits or pictures of me in which I may be included intact or in part, composite or distorted in character or form, without restriction as to changes or transformations in conjunction with my own or fictious name, or reproduction hereof in color or otherwise, made through any and all media now or hereafter known for illustration, art, promotion, advertising, trade, or any other purpose whatsoever.
I hereby relinquish any right that I may have to examine or approve the completed product or products or the advertising copy or printed matter that may be used in conjunction therewith or the use to which it may be applied.
I hereby release, discharge and agree to save harmless Take It Outdoors Adventures, its legal representatives or assigns, and all persons functioning under its permission or authority, or those for whom it is functioning; from any liability by virtue of any blurring, distortion, alteration, optical illusion, or use in composite form whether intentional or otherwise, that may occur or be reproduced in the taking of picture or in any subsequent processing thereof, as well as any publication thereof, including without limitation any claims for libel or invasion of privacy.
I have carefully read, clearly understand, and voluntarily sign the waiver and release agreement found on the front of this page.
I understand that I am responsible for all damages, theft and loss of all items being rented from Take It Outdoors Adventures due to my own negligence or carelessness, or the negligence or carelessness of others. I agree to financially reimburse Take It Outdoors Adventures for any damages, theft, and loss of all items due to my own negligence or carelessness, or the negligence or carelessness of others, to Take It Outdoors Adventures satisfaction. I agree to leave a valid form of identification on file with registration till all rented equipment is returned.
Today's Date: December 3, 2023