In consideration of participation in the sport of kayaking/canoeing, and for the other good and valuable consideration, I hereby agree to the release and discharge from liability arising from negligence Fawn River Kayak and its owners, directors, officers, employees, agents, volunteers, participants, and all other persons or entities acting for them (hereinafter collectively referred to as "releases"), on behalf of myself and my children, parents, heirs, assigns, personal representative in the estate, and also agree as follows: 1. I acknowledge that the sport of kayaking/canoeing involves known and unknown anticipated risk which could result in physical or emotional injury, paralysis or permanent disability, death, and property damage. Risks include, but are not limited to, death as a result of drowning or brain damage caused by near drowning; broken bones, torn ligaments or strains as a result of falls were launching or exiting the water, or while carrying a kayak/canoe; medical conditions resulting from physical activity; and damaged clothing or other property. I understand such risks simply cannot be eliminated, despite the use of safety equipment, without jeopardizing the essential qualities of the activity. 2. I expressly except and assume all the risks inherent in this activity or that might have been caused by the negligence of the releasees. My participation in this activity is purely voluntary and I like to participate despite the risks. In addition, if it anytime I believe the event conditions are unsafe for that I am unable to participate due to physical or medical conditions, and I will immediately discontinue participation.
3. I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless releases from any and all claims, demands, Or causes of action which are in anyway connected with my participation in this activity, or my use of their equipment or facilities, arising from negligence. This release does not apply to claims arising from intentional conduct. Should releases or anyone acting on their behalf be required to incur attorneys fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs. 4. I represent that I have adequate insurance to cover any in a jury or damage I may suffer workers of participating in this activity or else I agree to bear the cost of such injury or damage myself. I further represent that I have no medical or physical condition which could interfere with my safety in this activity, or else I'm going to assume – and bear the cost of – or risks that may be created, directly or indirectly, by any such condition. 5. In the event that I filed a lawsuit, I agree to do so solely in the state where releases' facility is located, and I further agree that the substantive law of that state shall apply. 6. I agree that if any portion of disagreements found to be void or unenforceable, remaining portion should remain in full force and effect. By signing this document, I agree that if I am hurt on my property damage during my participation in this activity, and I may be found by court of law to have waive my right to maintain a lawsuit against the parties being released basis of any claim for negligence. I have had sufficient time to read this entire document and, should I choose to do so, consult with legal counsel prior to signing. Also, I understand that this activity might not be made available to me or that the cost to engage in this activity would be significantly greater if I would choose not to sign this release, I agree that the opertunity to participate at t he stated cost in return for the execution of this release is reasonable bargain. I have read and understood this document and I agree to be bound by its terms. |