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Ian Balding Paddle & Surf LLC , DBA "Epic Excursions"

2023 Waiver

SPORT PARTICIPANT RELEASE OF LIABILITY, WAIVER OF CLAIMS, EXPRESS ASSUMPTION OF RISK AND INDEMNITY AGREEMENT


Please read and be certain you understand the implications of signing. By signing below, you are confirming your agreement and understanding of what is stated below.

ASSUMPTION OF RISK, WAIVER OF LIABILITY AND INDEMNIFICATION AGREEMENT

Boating, paddling, surfing, watersports, and camping are popular activities enjoyed by many young people and adults.  The activities provided by Ian Balding Paddle and Surf, DBA “Epic Excursions”, its owners, employees and agents can be fun and also require some level of fitness and skill. The activities are fun, but still involve some risks. It is important that all adult and minor participants understand that injuries can and do occur. 

   There are many inherent risks in any activity on the water, including instruction and they may include falls, losing one’s balance, etc. Injuries can also result from running into another participant, a dock, a sandbar, etc. Swallowing water and failure to stay within the limits of one’s ability are some other causes of injury or illness. There are also risks inherent in use of the facilities, equipment and premises including but not limited to the boards, paddles and docks.

  These injuries can range in seriousness from minor to catastrophic. Some examples of minor injuries include minor cuts or bruises. Serious or catastrophic injuries can include but are not limited to heart attack, drowning, death or paralysis.

I understand that these risks cannot be eliminated without jeopardizing the essential qualities of the activity. I do hereby affirm and acknowledge that I have been fully informed of the inherent hazards and risks associated with "Epic Excursions", transportation of equipment related to the activities, and traveling to and from activity sites in which I am about to engage. Inherent hazards and risks include but are not limited to:

  1. There are significant elements of risk in any adventure, sport, or activity associated with water sports, and the outdoors including camping activities. Although "Epic Excursions" has taken reasonable steps to provide me with appropriate equipment and guidelines, I understand that the activity is not without certain risk.
  2. Risk of injury from the activity and equipment utilized is significant including the potential for broken bones, severe injuries to the head, neck, and back or other bodily injuries that may result in permanent disability and death.
  3. Possible equipment failure and/or malfunction or misuse of my own or others’ equipment.
  4. I AGREE THAT I WILL WEAR APPROVED PROTECTIVE GEAR AS DECREED BY THE GOVERNING BODY OF THE SPORT I AM PARTICIPATING IN. However, protective gear cannot guarantee the participant’s safety. I further agree that no life jacket can protect the wearer against all potential head injuries or prevent injury to the wearer’s face, neck or spinal cord.
    I Agree
  5. Variation of terrain, variation or changes in surfaces including but not limited to rocks, stumps, debris, cliffs, fences, posts, trees, piers, buildings, roads, walkways, ramps, rails, stairs, padded and nonpadded barriers, other persons, and other natural and man-made hazards.
  6. My own negligence and/or the negligence of others, including but not limited to operator error and guide decision making including misjudging terrain, weather, riding surfaces or other obstacles.
  7. Exposure to the elements and temperature extremes could result in heat exhaustion, heat stroke, sunburn, hypothermia and dehydration.
  8. Dangers associated with exposure to natural elements include but are not limited to inclement weather, rough seas, currents, thunder and lighting, severe and or varied wind, temperature and other weather conditions.
  9. Accidents or illness occurring in remote places where there are no available medical facilities.
  10. Fatigue, exhaustion, chill, and/or dizziness, which may diminish my/our reaction time and increase the risk of accident.
  11. Impact or collision with other boats, participants, spectators, pedestrians, and motor vehicles. *I understand the description of these risks is not complete and unknown or unanticipated risks may result in injury, illness, or death.
  12. Collision, capsizing, sinking, falling, slipping or other hazards that may result in wetness, injury, exposure to the elements, hypothermia, impact of the body upon the water, injection of water into any body orifices, and/or drowning; 
  13. The presence of insects, wild animals, as well as dangerous plant life, bacteria, amoebas, and marine life forms; 
  14. Illness from food served, prepared by, or provided by a captain, partner or caterer hosted by Epic Excursions

Release of Liability, Waiver of Claims and Indemnity Agreement In consideration for being permitted to participate in the above described activity(ies) and related activities, I hereby agree, acknowledge and appreciate that:

I, the adult participant, or minor participant and his/her parents or guardians: 

1.  Covenant not to sue Ian Balding Paddle & Surf, DBA “Epic Excursions” for any present or future claim arising from my participation or that of my child in the activities with Ian Balding Paddle & Surf, DBA "Epic Excursions”. This includes claims from inherent risks of the activity and the ordinary negligence of Ian Balding Paddle & Surf, “DBA Epic Excursions” .

  1. I HEREBY RELEASE AND HOLD HARMLESS WITH RESPECT TO ANY AND ALL INJURY, DISABILITY, DEATH, ILLNESS FROM FOOD, or loss or damage to person or property, WHETHER CAUSED BY NEGLIGENCE OR OTHERWISE, the following named persons or entities, herein referred to as releases. Ian Balding Paddle & Surf LLC, DBA "Epic Excursions".
  2. I Agree to release the releasees, their officers, directors, employees, representatives, partnerships, agents, and volunteers from liability and responsibility whatsoever and for any claims or causes of action that I, my estate, heirs, survivors, executors, or assigns may have for personal injury, property damage, or wrongful death arising from the above activities whether caused by active or passive negligence of the releasees or otherwise. By executing this document, I agree to hold the releases harmless and indemnify them in conjunction with any injury, disability, death, or loss or damage to person or property that may occur as a result of my engaging in the above activities.
  3. By entering into this Agreement, I am not relying on any oral or written representation or statements made by the releasees, other than what is set forth in this Agreement.
  4. I assume full responsibility for myself and any minor children for whom I am responsible, for any bodily injury, accident, illness, death, and loss of or damage to personal property as a result of any accident which may occur while renting. I agree to pay for damage to any equipment that resulted from my rental. This release shall be binding to the fullest extent permitted by law. If any provision of this release is found to be unenforceable, the remaining terms shall be enforceable.
  5. Agree that, if any legal action is brought regarding a claim, the state court in New Hanover County, North Carolina is the venue with sole and exclusive jurisdiction and that the laws of the state of North Carolina shall apply.

I HAVE READ THIS RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT, I FULLY UNDERSTAND ITS TERMS, I UNDERSTAND THAT I HAVE GIVEN UP LEGAL RIGHTS BY SIGNING IT, AND I SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.

Date Signed: September 8, 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*
FOR PARTICIPANTS OF MINORITY AGE: This is to certify that I, as Parent, Guardian, Temporary Guardian with legal responsibility for this participant, do consent and agree not only to his/her release of all Releases, but also to release and indemnify the Releasees from any and all liabilities incident to his/her involvement in these programs for myself, my heirs, assigns, and next of kin. Participant is a Minor, and by their signature, they on my behalf release all claims that both they and I have


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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