OUR WAIVER MUST BE SIGNED BY EACH ADULT IN YOUR GROUP BEFORE GOING ON THE RIVER.
EACH ADULT CAN SIGN FOR UP TO 10 MINORS AGES 16 AND UNDER.
PLEASE SHARE THIS WAIVER WITH FRIENDS & FAMILY WHO ARE JOINING YOU ON THE RIVER.
1. Children Under 16 - Required Parent or Guardian Consent and Indemnification I, the parent and/or legal guardian of participant(s) under the age of 16, understand the nature of the activities to be engaged in by the minor(s), and, knowing the experience and capabilities of the minor(s), I represent the minor(s) to be qualified to participate and consent to their participation. I accept full responsibility for the safety of the minor(s). In consideration of the minor(s) being permitted by KJ WARD, LLC DBA Campbell’s Canoe Livery to participate in its activities and to use its equipment and facilities, I RELEASE, DISCHARGE, and COVENANT NOT TO SUE KJ WARD, LLC DBA Campbell’s Canoe Livery, Inc. and the Released Parties from any liability, claims, demands, causes of action, losses, injuries or damages to the minor(s), and, as further described in the Terms and Conditions, I agree to INDEMNIFY AND HOLD HARMLESS KJ WARD, LLC DBA Campbell’s Canoe Livery and the Released Parties from any damages, costs, or attorney’s fees for any claims by or on behalf of the minor(s), or on account of the minor(s). 2. Warnings, Understandings, and Representations: The business of Campbell’s Canoe Livery includes Kayaking, Canoeing, Tubing, Stand Up Paddle Boarding, and other open water or sports activities. I understand that participation in these activities involves risk of serious injury, including bodily, mental injury, disability, paralysis, pain, suffering, or death. Dangers to persons, pets, and other property may include tipping or turning over of watercraft; entanglement in trees or other obstructions; exposure to heat, cold, lightning, strong currents, injurious plants, harmful algae, bacteria, waterborne toxins, insects, animals, or other elements; sunburn; dehydration; heat stroke; muscle cramps; exhaustion; hypothermia; or accidental drowning. I understand that risks and dangers may result from the acts or omissions of myself or third parties, or of Campbell’s Canoe Livery, its agents, employees, owners, participants, volunteers, or others acting on their behalf. With full knowledge of the risks and dangers, I represent that I am in good health and proper physical condition to participate in the activities and business of Campbell’s Canoe Livery. I do not have health problems or medical conditions that preclude participation. I have inspected the equipment, facility, and activities of KJ WARD, LLC DBA Campbell’s Canoe Livery and I find that they are acceptable for the intended use or participation. 3. Assumption of Risk and Responsibility for Injury or Damage: I acknowledge that open water or sports activities are inherently dangerous and that I participate at my own risk. I understand that risks and dangers cannot be eliminated without jeopardizing the essential qualities of the activity, and I voluntarily elect to participate, accepting and assuming the risks. I certify that I have adequate insurance to cover any injury or damage that I may cause or suffer. I agree to bear the costs and responsibility for any injury or damage I may cause or suffer, including payment for bodily injury, property damage, or lost or damaged equipment. 4. Choice of Law: This Agreement creates a covenant not to sue, and complete release and indemnity of, KJ WARD, LLC DBA Campbell’s Canoe Livery and the Released Parties. If, despite this Agreement, suit is attempted, I agree that the exclusive forum shall be Roscommon County, applying Michigan law. I agree that if any term of this Agreement is found to be void or unenforceable, then the remaining terms shall remain in full force and effect. 5. Indemnification and Release of Liability: I FULLY AND UNCONDITIONALLY RELEASE AND DISCHARGE KJ, WARD LLC. DBA Campbell’s Canoe Livery and its agents, employees, owners, administrators, directors, officers, members, instructors, participants, volunteers, contractors, sponsors, advertisers, or event organizers, or others acting on their behalf of any liability, claims, demands, causes of action, losses, injuries, or damages, whether caused in whole or in part by the Released Parties, or by the negligence of the Released Parties. This Release extends to any injuries (including death) or damage to persons, pets, or other property that may arise from the use, rental, or other access to the equipment, facilities, or activities KJ WARD, LLC DBA Campbell’s Canoe Livery or which may be connected to my participation in the activities, and to all claims for personal injuries or property damage sustained by me, or by my estate, parents, children, heirs, beneficiaries, personal representatives, or assigns (“the Releasing Parties”). On behalf of myself and the Releasing Parties, I AGREE TO INDEMNIFY, SAVE, AND HOLD HARMLESS KJ WARD, LLC DBA CAMPBELL’S CANOE LIVERY AND EACH OF THE RELEASED PARTIES for any loss, liability, damage, litigation expenses, attorney fees, or cost of any kind, which may result from any injury, damage, or other loss occasioned by use, rental, or other access to equipment, facilities or activities of KJ WARD, LLC DBA Campbell’s Canoe Livery. 6. Careful Review and Understanding: I have read and I understand the posted Equipment Safety Rules and Regulations. I have carefully read this Agreement in its entirety. I fully understand the Agreement, understand that I am knowingly waiving substantial rights by signing the Agreement, and sign it freely, without any inducement or assurance of any nature. JULY 2023 |