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MANHATTAN KAYAK COMPANY at Pier 84 Boathouse in the Hudson River Park

Mailing address: 119 W 72nd St, #163, NY, NY 10023. Phone: 212-924-1788. Email: info@manhattankayak.com

 

Liability Waiver

Considering the services of Manhattan Kayak Company and the Hudson River Park, their agents, owners, officers, volunteers, participants, employees and all other persons or entities acting on their behalf (hereinafter collectively referred to as “MKC”), I hereby agree to release and discharge MKC, on behalf of myself, my children, my parents, my heirs, assigns, personal representative and estate as follows:

1) I acknowledge that kayaking and stand-up paddleboarding entails known and unanticipated risks, which could result in physical or emotional injury, paralysis, death, or damage to myself, to property, or to third parties. I understand such risks cannot be eliminated without jeopardizing the essential qualities of the activity. Risks include, among others: capsize; tidal conditions and currents; exposure to coronavirus COVID-19; collision with objects or watercraft; hypo- and hyperthermia; accidental drowning; mental anguish or trauma; exposure to sun, wind, cold, storms, waves, eddies, whirlpools, and lightening; aggressive or poisonous marine life; wrist, arm, shoulder or back injuries; slips and falls; illness in remote areas; and adverse weather and water conditions. MKC guides/instructors have difficult jobs to perform. They seek to maintain safety, but they are not infallible. They might be unaware of a participant’s fitness or abilities. They might misjudge the weather, the elements, or the terrain. They may give inadequate warnings or instructions, and equipment may malfunction.

2) I agree and promise to accept and assume all risks existing in this activity. My participation in this activity is purely voluntary and I choose to participate in spite of the risks. I agree to consult a health care professional before joining and will not join if they advise against it. This is crucial for people with a history of high blood pressure or cholesterol, heart disease, chest pain in the past month, smoking, obesity, or bone or joint problems. If I feel faint, dizzy, pain, or shortness of breath, I stop paddling immediately.

3) I voluntarily release, forever discharge, and agree to indemnify and hold harmless MKC from any and all claims, demands or causes of action, which are in any way connected with my participation in this activity or my use of MKC’s equipment or facilities, including any such claims which alleged negligent acts or omissions of MKC.

4) Should MKC, or anyone acting on their behalf, be required to incur attorney’s fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs.

5) I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating, or else, I agree to bear the costs myself. I certify that I have no medical or physical conditions that could interfere with my safety in this activity, or else I am willing to bear the costs of all risks that may be created, even indirectly, by such condition.

6) In the event I file a lawsuit against MKC, I agree to do so solely in New York State, and I agree that the substantive law of that state shall apply in that action without regard to the conflict of law rules of that state.

By signing this document, I acknowledge that if anyone is hurt or property is damaged during my participation in this activity, I may be found by a court of law to have waived my right to maintain a lawsuit against MKC on the basis of any claim from which I have released them herein.

I read and understood the above, and I agree to be bound by its terms.

I Agree

 

Assumption of the Risk and Waiver of Liability Relating to Coronavirus

In consideration of being allowed to participate with Manhattan Kayak Company (MKC) programs and related activities, the undersigned acknowledges, appreciates, and agrees that:

1) The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious and is believed to spread mainly from person-to-person contact. As a result, federal, state, and local governments and federal and state health agencies recommend social distancing and face coverings and have, in many locations, prohibited congregated groups of people. MKC has put in place preventative measures to reduce the spread of COVID-19; however, MKC cannot guarantee that you or your child will not become infected with COVID-19.

2) Attending MKC activities could increase your risk of contracting COVID-19. By signing this agreement, I acknowledge the contagious nature of COVID-19 and KNOWINGLY AND FREELY assume the risk that I or my child may be exposed to or infected by COVID-19 by attending MKC activities and that such exposure or infection may result in personal injury, illness, permanent disability, and death.

3) I understand that the risk of becoming exposed to or infected by COVID-19 at MKC may result from the actions, omissions, or negligence of myself and others, including, but not limited to, employees, program participants, and their families. I voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to myself or my child (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind, that I or my child may experience or incur in connection with attendance or participation in MKC programming.

4) If, however, I observe any unusual or significant hazard during my presence or participation, I will remove myself from participation and bring such to the attention of the nearest official immediately.

5) I attest that me or my child have not experienced: (1) COVID-19 symptoms in past 14 days, (2) positive COVID-19 test in past 14 days, and/or (3) close contact with a confirmed or suspected COVID-19 case in past 14 days. If me or my child experience any of these 3 phenomena now, before or upon our visit, we will stay at home and contact MKC staff via email to cancel our visit at no charge.

6) On my behalf, and/or on behalf of my child, I hereby release, covenant not to sue, discharge, and hold harmless Manhattan Kayak Company and the Hudson River Park, their employees, volunteers, participants, owners, officers, agents, and representatives, of and from all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto. I understand and agree that this release includes any claims based on the actions, omissions, or negligence of MKC, its employees, agents, and representatives, whether a COVID-19 infection occurs before, during, or after participation in any MKC program.

I read and understood the above, and I agree to be bound by its terms. 

I Agree

Photo Release

1) I hereby grant Manhattan Kayak Company (MKC) permission to use my likeness in a photograph, video, or other digital media (“photo”) in any and all of its publications, including web-based publications, without payment or other consideration.

2) I understand and agree that all photos will become the property of MKC and will not be returned, and irrevocably authorize MKC to edit, alter, copy, exhibit, publish, or distribute these photos for any lawful purpose. In addition, I waive any right to inspect or approve the finished product wherein my likeness appears. Additionally, I waive any right to royalties or other compensation arising or related to the use of the photo.

3) I hereby hold harmless, release, and forever discharge MKC from all claims, demands, and causes of action which I, my heirs, representatives, executors, administrators, or any other persons acting on my behalf or on behalf of my estate have or may have by reason of this authorization.

I read and understood the above, and I agree to be bound by its terms. 

I Agree

Today's date: June 13, 2021

First Participant's Name

First Name*

Last Name*

Phone*
First Participant's Date of Birth*
I certify that I am 18 years of age or older
First Participant's Information
Medical Question 1: Do you have medical conditions or physical limitations that may affect your participation? This may include diabetes, neurologic disorders, high blood pressure, heart disease, back, limb or other problems.*
No
Yes

If yes, please explain.


Medical Question 2: Do you have allergies, including allergic reaction to any drugs, insects, foods, or anything else? If you have severe allergies, you must bring medication to treat yourself in the event of any allergic attack.*
No
Yes

If yes, please explain.


If you have a child, will anyone other than yourself accompany them?
Yes, someone other than myself will accompany my child.

Please list the name of the adult who will accompany your child. They must be 18 years old or older.
First Participant's Signature*
Second Participant's Name

First Name*

Last Name*
Second Participant's Date of Birth*
Second Participant's Information
Medical Question 1: Do you have medical conditions or physical limitations that may affect your participation? This may include diabetes, neurologic disorders, high blood pressure, heart disease, back, limb or other problems.*
No
Yes

If yes, please explain.


Medical Question 2: Do you have allergies, including allergic reaction to any drugs, insects, foods, or anything else? If you have severe allergies, you must bring medication to treat yourself in the event of any allergic attack.*
No
Yes

If yes, please explain.


If you have a child, will anyone other than yourself accompany them?
Yes, someone other than myself will accompany my child.

Please list the name of the adult who will accompany your child. They must be 18 years old or older.
Third Participant's Name

First Name*

Last Name*
Third Participant's Date of Birth*
Third Participant's Information
Medical Question 1: Do you have medical conditions or physical limitations that may affect your participation? This may include diabetes, neurologic disorders, high blood pressure, heart disease, back, limb or other problems.*
No
Yes

If yes, please explain.


Medical Question 2: Do you have allergies, including allergic reaction to any drugs, insects, foods, or anything else? If you have severe allergies, you must bring medication to treat yourself in the event of any allergic attack.*
No
Yes

If yes, please explain.


If you have a child, will anyone other than yourself accompany them?
Yes, someone other than myself will accompany my child.

Please list the name of the adult who will accompany your child. They must be 18 years old or older.
Fourth Participant's Name

First Name*

Last Name*
Fourth Participant's Date of Birth*
Fourth Participant's Information
Medical Question 1: Do you have medical conditions or physical limitations that may affect your participation? This may include diabetes, neurologic disorders, high blood pressure, heart disease, back, limb or other problems.*
No
Yes

If yes, please explain.


Medical Question 2: Do you have allergies, including allergic reaction to any drugs, insects, foods, or anything else? If you have severe allergies, you must bring medication to treat yourself in the event of any allergic attack.*
No
Yes

If yes, please explain.


If you have a child, will anyone other than yourself accompany them?
Yes, someone other than myself will accompany my child.

Please list the name of the adult who will accompany your child. They must be 18 years old or older.
Fifth Participant's Name

First Name*

Last Name*
Fifth Participant's Date of Birth*
Fifth Participant's Information
Medical Question 1: Do you have medical conditions or physical limitations that may affect your participation? This may include diabetes, neurologic disorders, high blood pressure, heart disease, back, limb or other problems.*
No
Yes

If yes, please explain.


Medical Question 2: Do you have allergies, including allergic reaction to any drugs, insects, foods, or anything else? If you have severe allergies, you must bring medication to treat yourself in the event of any allergic attack.*
No
Yes

If yes, please explain.


If you have a child, will anyone other than yourself accompany them?
Yes, someone other than myself will accompany my child.

Please list the name of the adult who will accompany your child. They must be 18 years old or older.
Sixth Participant's Name

First Name*

Last Name*
Sixth Participant's Date of Birth*
Sixth Participant's Information
Medical Question 1: Do you have medical conditions or physical limitations that may affect your participation? This may include diabetes, neurologic disorders, high blood pressure, heart disease, back, limb or other problems.*
No
Yes

If yes, please explain.


Medical Question 2: Do you have allergies, including allergic reaction to any drugs, insects, foods, or anything else? If you have severe allergies, you must bring medication to treat yourself in the event of any allergic attack.*
No
Yes

If yes, please explain.


If you have a child, will anyone other than yourself accompany them?
Yes, someone other than myself will accompany my child.

Please list the name of the adult who will accompany your child. They must be 18 years old or older.
Seventh Participant's Name

First Name*

Last Name*
Seventh Participant's Date of Birth*
Seventh Participant's Information
Medical Question 1: Do you have medical conditions or physical limitations that may affect your participation? This may include diabetes, neurologic disorders, high blood pressure, heart disease, back, limb or other problems.*
No
Yes

If yes, please explain.


Medical Question 2: Do you have allergies, including allergic reaction to any drugs, insects, foods, or anything else? If you have severe allergies, you must bring medication to treat yourself in the event of any allergic attack.*
No
Yes

If yes, please explain.


If you have a child, will anyone other than yourself accompany them?
Yes, someone other than myself will accompany my child.

Please list the name of the adult who will accompany your child. They must be 18 years old or older.
Eighth Participant's Name

First Name*

Last Name*
Eighth Participant's Date of Birth*
Eighth Participant's Information
Medical Question 1: Do you have medical conditions or physical limitations that may affect your participation? This may include diabetes, neurologic disorders, high blood pressure, heart disease, back, limb or other problems.*
No
Yes

If yes, please explain.


Medical Question 2: Do you have allergies, including allergic reaction to any drugs, insects, foods, or anything else? If you have severe allergies, you must bring medication to treat yourself in the event of any allergic attack.*
No
Yes

If yes, please explain.


If you have a child, will anyone other than yourself accompany them?
Yes, someone other than myself will accompany my child.

Please list the name of the adult who will accompany your child. They must be 18 years old or older.
Ninth Participant's Name

First Name*

Last Name*
Ninth Participant's Date of Birth*
Ninth Participant's Information
Medical Question 1: Do you have medical conditions or physical limitations that may affect your participation? This may include diabetes, neurologic disorders, high blood pressure, heart disease, back, limb or other problems.*
No
Yes

If yes, please explain.


Medical Question 2: Do you have allergies, including allergic reaction to any drugs, insects, foods, or anything else? If you have severe allergies, you must bring medication to treat yourself in the event of any allergic attack.*
No
Yes

If yes, please explain.


If you have a child, will anyone other than yourself accompany them?
Yes, someone other than myself will accompany my child.

Please list the name of the adult who will accompany your child. They must be 18 years old or older.
Tenth Participant's Name

First Name*

Last Name*
Tenth Participant's Date of Birth*
Tenth Participant's Information
Medical Question 1: Do you have medical conditions or physical limitations that may affect your participation? This may include diabetes, neurologic disorders, high blood pressure, heart disease, back, limb or other problems.*
No
Yes

If yes, please explain.


Medical Question 2: Do you have allergies, including allergic reaction to any drugs, insects, foods, or anything else? If you have severe allergies, you must bring medication to treat yourself in the event of any allergic attack.*
No
Yes

If yes, please explain.


If you have a child, will anyone other than yourself accompany them?
Yes, someone other than myself will accompany my child.

Please list the name of the adult who will accompany your child. They must be 18 years old or older.
Parent or Guardian's Email Address

Email
Check to receive information, news, and discounts by e-mail.
A signed copy of this waiver will be sent to the email address you provide.
Emergency Contact

Emergency Contact's Name*

Emergency Contact's Phone Number*
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.
Parent or Guardian's Name

First Name*

Last Name*

Phone*
Parent or Guardian's Date of Birth*
I certify that I am 18 years of age or older
Parent or Guardian's Information
Medical Question 1: Do you have medical conditions or physical limitations that may affect your participation? This may include diabetes, neurologic disorders, high blood pressure, heart disease, back, limb or other problems.*
No
Yes

If yes, please explain.


Medical Question 2: Do you have allergies, including allergic reaction to any drugs, insects, foods, or anything else? If you have severe allergies, you must bring medication to treat yourself in the event of any allergic attack.*
No
Yes

If yes, please explain.


If you have a child, will anyone other than yourself accompany them?
Yes, someone other than myself will accompany my child.

Please list the name of the adult who will accompany your child. They must be 18 years old or older.
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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