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ASSUMPTION OF RISK AGREEMENT

 Organization Name/Name Insured: Dragonfly Kayak Tours, LLC

Contractual Relationship: By my signature and acceptance as “Participant”, I hearby enter into this binding Liability Release and Hold Harmless Agreement (referred to as the “Agreement”) that affects my rights and obligations related to Dragonfly Kayak Tours, LLC, its owners, other participants, instructors, activity leaders, and all other persons or entities acting in any capacity on its behalf (collectively referred to as DKT). I hereby agree to release and discharge DKT on behalf of myself, my spouse/partner, my children, my heirs, assigns, any personal representatives and my estate as follows:

I acknowledge that all sea kayaking activities involve risks, known and unanticipated, which could result in physical or emotional injury, death, or damage to myself, property, or third parties; can be physically demanding; that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activities; that I am familiar with the risks involved; that such risks include but are not limited to: weather conditions that may change quickly, including wind, lightning, fog and excessive heat from sun; water conditions that may change quickly, including waves, currents, tides, eddies, whirlpools and cold water temperatures; surf conditions along shore areas; hypothermia (being too cold) and hyperthermia (being too hot); contact with aquatic and land animals, including insects and wildlife, in the water, along the shore or other activity site; rocks or other debris falling from overhanging shore areas; difficult terrain or walking conditions along the shore or other activity site, including mud, rocks, steep slopes, and marine life such as barnacles and sea urchins; salt sores or accidental ingestion of salt water; personal injury or property damage to my equipment or property owned by others due to collision with motorized or non-motorized boats (including other kayaks, paddles and equipment) and their wakes, and with natural or man-made objects in the water such as trees and rocks or reefs, piers, buoys, driftwood and other debris or salt water immersion; entrapment or being crushed while in a kayak; muscular or skeletal injury, dislocation or strain due to physical exertion, especially in the wrist, shoulder and back; improper first aid, emergency treatment or other attempted rescue services, and the unavailability of life saving services or immediate medical attention in the case of injury; my own physical condition and my own acts or omissions including my level of kayaking experience and expertise; the consumption of tainted food or drink during the trip; falling, capsizing or being flipped into the water (either intentionally or unintentionally); my own and other participants’ attempts to exceed kayaking skills and/or kayaking in a reckless manner; my own failure or that of the other participants to follow the safety guidelines and other instructions of DKT staff, including always wearing shoes and a personal floatation device (PFD); improper use of equipment; vehicular or pedestrian accident while being transported or walking to or from activity sites. Other inherent risks: It is possible that I could contract an illness or disease from food-borne, airborne, water-borne or surface pathogens including but not limited to contraction of noroviruses, coronaviruses, hantavirus, COVID-19 and subsequent mutations and strains, which, while they seem open and obvious, also have inherent risks associated with them. Pathogens could be transmitted from other participants, third-parties, DKT staff, or unknown sources.

Furthermore, DKT instructors and staff have difficult tasks to perform. They emphasize safety and safe practices at all times, but they are not infallible. They may not be aware of a participant’s fitness or abilities, misjudge weather, water conditions or other factors. They may give inadequate warnings or instructions, and equipment malfunction can occur.

Therefore, on behalf of myself and my heirs, assigns and executors, I hereby:
(a) Certify that I have insurance to cover personal injury or damages I may cause or suffer during participation in DKT activities, otherwise I agree to bear such costs;

(b)  Certify that I have no condition, medical or otherwise, that could interfere with my safety in this activity, otherwise I am willing to assume, and bear the cost of, all risks created by or related to such condition;

(c)  Voluntarily elect to participate in DKT activities in spite of those risks and the follow all instruction given to me by any DKT instructor or staff member;

(d)  Assume all risks, known and anticipated, arising out of my participation in DKT activities;

(e)  Assume full and complete responsibility for any injury or loss arising out of my participation in DKT activities;

(f)  RELEASEANDAGREETOINDEMNIFYANDHOLDHARMLESSDKTfromanyandallliability,causesofaction,claims, demands, costs or debts of any kind or nature, associated with or arising out of my participation in DKT activities, whether such claims are based on negligence or otherwise and whether brought by myself or by any third persons (collectively referred to as “Claims”); and

(g)  Agree to INDEMNIFY AND HOLD HARMLESS DKT and anybody acting on its behalf for any attorney and/or legal fees and costs that they should incur in an effort to enforce this agreement.

I agree that the venue of any litigation regarding this Agreement shall be in Whatcom County, Washington, that Washington State law shall govern the interpretation of this Agreement; and that if any part of this Agreement is found to be unlawful, that finding shall not affect the remainder of the Agreement.

I HAVE READ, UNDERSTOOD, AND ACCEPTED THE CONDITIONS OF THIS LIABILITY RELEASE AND HOLD HARMLESS AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, I AGREE TO BE BOUND BY ITS TERMS, AND SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT

April 23, 2024

First Participant's Name

First Name*

Last Name*

Phone*
First Participant's Date of Birth*
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*
Participant's Address
Address Line 1:*
Street address, P.O. box, company name, c/o
Address Line 2:
Apartment, suite, unit, building, floor, etc.
Country:*
City:*
State/Province:*
Zip/Postal:*
Parent or Guardian's Email Address

Email*

Confirm Email*
Check to receive information, news, and discounts by e-mail.
Emergency Contact

First Name*

Last Name*

Emergency Contact's Phone Number*
(UNDER AGE 18 AT TIME OF REGISTRATION) This is to certify that I, as parent/guardian with legal responsibility for this participant, do consent and agree to his/her release as provided above of all the Releasees, and for myself, my heirs, assigns and next of kin, I release and agree to indemnify and hold harmless the Releasees from any and all liability incidents to my minor child’s involvement or participation in these activities as provided above, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASEES, to the fullest extent permitted by law.


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 Date of Birth*
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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