IMPORTANT – READ BEFORE SIGNING!
I have read and understand the information below. For myself, and/or as Parent/Legal Guardian of the minor child named below (“Participant(s)”), in consideration of being allowed to participate in any way in The Kayak Foundation boating programs and related events and activities (“Boating Activities”), I agree to the following for myself and on behalf of Participant:
1. Acknowledgement of Risk. I acknowledge and fully understand that the Participant will be engaging in activities, including but not limited to kayaking and related land and water based activities, that involve risk of damage to personal property or serious injury, including drowning, permanent disability and death, and severe social and economic losses which might result not only from the Participant’s own actions, inactions or negligence, but the actions, inactions or negligence of others, the rules of play, the condition of the premises or of any equipment, including boating equipment, water hazards, humidity, cold and/or precipitation, and the possibility of COVID 19 or other communicable infections. Further, there may be other risks not known or not reasonably foreseeable at this time.
I ASSUME ALL THE FOREGOING RISKS AND ACCEPT PERSONAL RESPONSIBILITY FOR ALL EXPENSES, MEDICAL OR OTHERWISE, FOLLOWING ANY SUCH DAMAGES, INJURY, PERMANENT DISABILITY OR DEATH TO OR OF THE PARTICIPANT.
2. Release, Waiver and Discharge. I release, waive and discharge and covenant not to sue the The Kayak Foundation, Inc. (“TKF”), Brooklyn Kayak Guides, Brooklyn Bridge Park Boathouse, Inc., the Brooklyn Bridge Park Conservancy, Inc. (“BBPC”), Brooklyn Bridge Park Corporation d/b/a Brooklyn Bridge Park, Empire State Development Corporation, Brooklyn Bridge Park Development Corporation, the State of New York, and the City of New York, One°15 Brooklyn Marina and each of their respective commissioners, directors, officers, employees, agents, successors and assigns, all of which are hereinafter referred to as “Releasees”, from any and all liability to the Participant, his or her heirs and next of kin or any other person, for any and all claims, demands, losses, or damages, including injury or death to the Participant or damage to property, which, in whole or in part, arise from, relate to or are alleged to arise from or relate to Boating Activities, and any and all related events and activities in which the Participant is participating or the facilities or equipment used by the Participant or by others, or are caused or alleged to be caused in whole or part by the negligence of the Releasees or otherwise, and covenant not to sue the Releasees with respect to these actions, events and activities. I HAVE READ THE ABOVE WAIVER AND RELEASE, AND UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT AND HAVE SIGNED IT VOLUNTARILY.
3. Consent for Emergency Treatment. The undersigned hereby authorizes a The Kayak Foundation representative, or an adult who bears this document, to authorize emergency treatment for the Participant named above if a Parent or Guardian cannot be reached at the time of the emergency.
4. Consent to Photograph, Film or Videotape. I hereby consent to participation in interviews, use of quotes, and taking of photographs, movies or video of the Participant (“Media”) by TKF, BBPC, Brooklyn Bridge Park Boathouse, Brooklyn Bridge Park and One°15 Brooklyn Marina. I also grant to TKF, BBPC, Brooklyn Bridge Park Boathouse, Brooklyn Bridge Park and One°15 Brooklyn Marina the right to edit and use said Media for appropriate purposes including but not limited to: publicity, electronic and print publications, websites and all other forms of media. I also hereby release all Releasees from all claims, demands, and liabilities in connection with the above.
This waiver and release may not be modified in any way. If any part of this waiver and release is determined to be invalid by law, all other parts of this waiver shall remain valid and enforceable. As PARENT OR LEGAL GUARDIAN, I am signing this document on behalf of my minor child and agree to be specifically bound to all the terms and conditions of this waiver and release. I HAVE READ THE ABOVE WAIVER AND RELEASE, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND HAVE SIGNED IT VOLUNTARILY.
Date: September 28, 2020