COMMUNITY KAYAK EVENTS

-April 24, 2024

Liability Release & Hold Harmless Agreement

I acknowledge that I have the necessary skills, weight and height recommended on the website for safety purposes to use the rented or borrowed, used equipment (kayak, paddle board or other) properly for day rentals, to participate in community events and guided kayak tours, and or to use my own equipment. I understand that the activity of kayaking, paddle boarding and canoe paddling, and other related water activities involve inherent hazards and other risks. The risks include but are not limited to physical exertion, inclement weather, capsizing of watercraft, immersion in water, tides and currents, hypothermia, accidents or illness in remote areas, tripping or slipping on rocks, travel to/from site, other boats or boaters, equipment failure and malfunction, drowning and loss or damage to personal property or death.

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I. EXPRESS ASSUMPTION OF RISK

I hereby agree that he/she is operating or using their own equipment, and or using and operating the kayak(s), paddle boards or other equipment provided by Salem Kayak Rentals LLC, at his/her own risk. The undersigned agrees that he/she is voluntarily participating in all activities related to the operation, or use of the kayak, equipment and participation in these community events hosted by Salem Kayak Rentals LLC, Salem Kayak Club, Community Partners, and assumes all risk of injury, damage, loss or death that might result.

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II. WAIVER/RELEASE OF LIABILITY

By the execution of this Release & Agreement, the undersigned agrees that Salem Kayak Rentals LLC, Salem Kayak Club, Community Partners and its members and volunteers shall not be liable for any damages arising from personal injuries sustained by the undersigned or any minor children under the undersigned’s custody, care, and control, as a result of any and all activities related to the operation, or use of Kayak(s), paddle boards and other equipment provided by Salem Kayak Rentals LLC, events hosted by Salem Kayak Rentals LLC, Salem Kayak Club, or community partners. The undersigned assumes full responsibility for any such injuries or damages which may occur, and further agrees that Salem Kayak Rentals LLC, Salem Kayak Club, Community Partners, its members, and volunteers shall not be liable for any loss or theft of personal property.

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III. LIABILITY TO THIRD PARTIES

The undersigned hereby agrees that he/she will indemnify and hold harmless Salem Kayak Rentals LLC, Salem Kayak Club, community partners, its members and volunteers for all personal injuries, property damages, or any other damages to any and all third parties, including, but not limited to, operators and passengers of other watercraft, paddle boards or other equipment and minor children under the undersigned’s custody, care, and control, as a result of any and all activities related to the operation or use of equipment provided by Salem Kayak Rentals LLC.

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IV. ACKNOWLEDGMENT OF WAIVER AND RELEASE

The undersigned states that he/she has had sufficient time to review this Release & Hold Harmless Agreement and to ask any questions associated with this Release & Agreement. The undersigned further states that he/she has carefully read the foregoing Release and Hold Harmless Agreement, knows the contents thereof, and has signed said Release & Agreement as his/her own free act.

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Liability Waiver: I hereby agree that any damage to my kayaks or paddle boards during a recovery operation is my sole responsibility, regardless of whether my kayak or paddle board is being recovered or is assisting in the recovery of another paddler. I also acknowledge that I will not be held liable for any damage to a kayak or paddle board that my kayak or paddle board is assisting in the recovery of, and that I will not hold anyone liable for damage to my kayak or paddle board incurred during a recovery operation regardless of whether my kayak or paddle board is being recovered or is assisting in the recovery of another paddler.

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Release: I hereby release and forever discharge Salem Kayak Rentals LLC, Salem Kayak Club Associations and Community Partners, it's members and volunteers, (herein after referred to as Salem Kayak Club and Salem Kayak Rentals LLC, members/ volunteers and community partners) from any and all liability for acts or omissions – including negligent acts or omissions – causing damage, loss, injury, or death to me while participating in activities with Salem Kayak Club or joining Salem Kayak Rentals LLC Tours and events including on or off the water.

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Hold Harmless: I hereby agree to indemnify and hold Salem Kayak Rentals LLC, Salem Kayak Club, its members, volunteers and community partners harmless from any and all liability or loss – including liability for negligence – arising in conjunction with or resulting from my participation in activities with Salem Kayak Rentals LLC, Salem Kayak Club, its members, volunteers and community partners. This indemnity also includes all attorney’s fees and expenses incurred by Salem Kayak Rentals LLC, Salem Kayak Club, its members, volunteers and community partners in defending suits against them arising from my participation in activities with Salem Kayak Rentals, Salem Kayak Club, Volunteers, members and community partners.

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Acknowledgment by signing below, you agree to all above statement, you agree that you had plenty of time to read and understand what is in this agreement waiver.

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- April 24, 2024

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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.

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.

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