ACKNOWLEDGMENT, RELEASE AND ASSUMPTION OF RISK
THIS IS A LEGAL DOCUMENT WHICH YOU SHOULD READ CAREFULLY AND FULLY COMPREHEND BEFORE SIGNING. IT HAS LEGAL CONSEQUENCES.
I acknowledge that by signing this document I am releasing 3 Rivers Outdoor Co. ( (3ROC) and its agents, employees, members, officers, directors and affiliates (collectively "Releasees") from any and all liability.
All equipment rentals and their use are governed by this document, including canoes, kayaks, paddleboards, personal safety devices, camping and backpacking equipment, including cookware, cross-country skis and any other equipment offered by the Releasees.
1. ASSUMPTION OF RISK: I am aware that any outdoor activity includes risk of property damage or loss, bodily injury or death. I freely assume the known and unknown risks associated with such activity and the use of rental equipment during such activity. I acknowledge that any equipment provided by 3ROC, whether borrowed or rented, is used at my own risk and that any such equipment is provided without any warranty about its condition or suitability.
I knowingly and voluntarily assume all these risks and all other risks. By signing below, I freely and expressly assume and accept any and all risks of injury, death, property loss and all other possible losses which might be attributable to Releasees.
2. RELEASE: I, on behalf of myself and my spouse, heirs, executors, administrators, legal representatives, assignees and successors release 3ROC and its employees, agents, officers, members, directors and affiliates, from ALL LIABILITIES, CLAIMS and CAUSES OF ACTION that arise in any way from any injury, damage, death or harm that results from my participation in any event, or use of any equipment borrowed or rented from 3ROC. This release is for any type of claim, including any property damage and loss, personal injury, emotional distress, illness, disability and death, related to my, our and any minor’s use of any equipment or participation in any activity. By this Release I agree not to sue or make any claim against the Releasees for death, injuries, loss or harm of any nature.
THIS RELEASE INCLUDES THE RELEASE OF CLAIMS FOR THE NEGLIGENCE OF THE RELEASEES AND CLAIMS FOR STRICT LIABILITY.
3. INDEMNIFICATION AND HOLD HARMLESS: I agree to hold harmless, defend and indemnify Releasees against any and all claims to which Section 2 applies, including attorney fees, court costs, and investigative costs. I agree that the terms of this agreement, including this indemnification obligation, are binding on my estate, personal representative, executor, guardian or administrator in the event of my death or disability.
4. HEALTH AND SAFETY: I agree it is my sole responsibility to be familiar with all applicable laws and regulations related to my participation in any activity or my use of any equipment, including without limitation the use of personal flotation devices and the consumption of alcoholic beverages, as well as all rules and instructions provided by the Releasees.
I acknowledge that I will wear required safety equipment, including wearing a PFD at all times while in any watercraft, and that I have no physical or medical condition that would endanger others or myself.
5. SEVERABILITY: Every term and provision of this agreement is intended to be severable. If any one or more of them is found to be unenforceable or invalid, that shall not affect the other terms and provisions, which shall remain binding and enforceable. This agreement is entered into voluntarily after careful consideration and is binding upon the persons signing below, their heirs, executors, administrators, wards, minor children, and other family members.
I HAVE READ THIS ENTIRE AGREEMENT AND HAVE FULLY INFORMED MYSELF OF ITS CONTENTS BEFORE SIGNING IT. NO ORAL REPRESENTATIONS OR INDUCEMENTS TO SIGN THIS RELEASE HAVE BEEN MADE. I UNDERSTAND THIS IS A CONTRACT THAT AFFECTS MY LEGAL RIGHTS AND I SIGN IT OF MY OWN FREE WILL.
If a participant is less than 18 years old (a minor), the signature of a parent or responsible adult is required below:
In consideration of the minor child or children identified below being permitted to participate, I accept and agree to this agreement on their behalf, and certify that I have the authority to sign on behalf of the minor child and to make decisions for the minor child regarding its participation. I also agree to RELEASE, HOLD HARMLESS, INDEMNIFY AND DEFEND the Released Parties from all liabilities and claims that arise in any way from any injury, death, loss or harm of any nature that occurs to the minor child. This includes any claim of the minor.