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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

 

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: August 12, 2022



First Participant's Name

First Name*

Last Name*
First Participant's Date of Birth*
I certify that I am 18 years of age or older
First Participant's Information
Do you have medical conditions or physical limitations that may affect your participation?*
No
Yes

If yes, please explain.
First Participant's Signature*
Second Participant's Name

First Name*

Last Name*
Second Participant's Date of Birth*
Second Participant's Information
Do you have medical conditions or physical limitations that may affect your participation?*
No
Yes

If yes, please explain.
Third Participant's Name

First Name*

Last Name*
Third Participant's Date of Birth*
Third Participant's Information
Do you have medical conditions or physical limitations that may affect your participation?*
No
Yes

If yes, please explain.
Fourth Participant's Name

First Name*

Last Name*
Fourth Participant's Date of Birth*
Fourth Participant's Information
Do you have medical conditions or physical limitations that may affect your participation?*
No
Yes

If yes, please explain.
Fifth Participant's Name

First Name*

Last Name*
Fifth Participant's Date of Birth*
Fifth Participant's Information
Do you have medical conditions or physical limitations that may affect your participation?*
No
Yes

If yes, please explain.
Sixth Participant's Name

First Name*

Last Name*
Sixth Participant's Date of Birth*
Sixth Participant's Information
Do you have medical conditions or physical limitations that may affect your participation?*
No
Yes

If yes, please explain.
Seventh Participant's Name

First Name*

Last Name*
Seventh Participant's Date of Birth*
Seventh Participant's Information
Do you have medical conditions or physical limitations that may affect your participation?*
No
Yes

If yes, please explain.
Eighth Participant's Name

First Name*

Last Name*
Eighth Participant's Date of Birth*
Eighth Participant's Information
Do you have medical conditions or physical limitations that may affect your participation?*
No
Yes

If yes, please explain.
Ninth Participant's Name

First Name*

Last Name*
Ninth Participant's Date of Birth*
Ninth Participant's Information
Do you have medical conditions or physical limitations that may affect your participation?*
No
Yes

If yes, please explain.
Tenth Participant's Name

First Name*

Last Name*
Tenth Participant's Date of Birth*
Tenth Participant's Information
Do you have medical conditions or physical limitations that may affect your participation?*
No
Yes

If yes, please explain.
Parent or Guardian's Email Address

Email*
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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*
Parent or Guardian's Date of Birth*
I certify that I am 18 years of age or older
Parent or Guardian's Information
Do you have medical conditions or physical limitations that may affect your participation?*
No
Yes

If yes, please explain.
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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