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Flatwater Fitness & Fun
Stockton Lake Excursion
Waiver and Release of Liability



Today's Date: November 1, 2024

This document affects your legal rights. You must read and understand it before signing.

I, the below-named person, being above age eighteen, or the parent or legal guardian of the above-named person who is under age eighteen, in consideration of the excursion provided by the services of Flatwater Fitness & Fun LLC, the rate charged for those services, or the worth of them as freely given, and the right to engage in this activity as a participant, hereby acknowledge, agree, promise and covenant with Flatwater Fitness & Fun LLC, the City of Stockton, and all persons, entities, employees, and agents on behalf of myself, heirs, assigns, personal representative and next of kin:

  1. ACKNOWLEDGEMENT OF RISK: Acknowledge, agree, and represent that the lesson and/or tour and related activities ("Activities") I am about to engage in voluntarily, bears certain known risks and unanticipated risks which could result in injury, death, illness or disease, physical or mental damage to myself, my property, or other third parties or their property, or the property of Flatwater Fitness & Fun LLC. I further acknowledge that I understand the nature of paddle sports and related Activities and that I am qualified, in good health, and proper physical condition to participate in such Activities and willingly agree to comply with the stated customary terms and conditions of participation. I recognize I will be swimming/paddling at my own risk and that there are no lifeguards or other personnel assigned or available for safety or life-saving purposes. Flatwater Fitness & Fun LLC bears no responsibility and offers no representations as to the suitability or safety of the swimming/paddling activities. I warrant that I have the swimming/paddling skills and ability to participate in an open water swim/paddle and possess the requisite degree of physical condition to participate, as well and have been provided a USCG approved Personal Floatation Device (PFD) for use in the event of an emergency.
  2. ACCEPTANCE OF RISK AND RESPONSIBILITY: Fully understand that (a) paddle sports and related Activities involve risks and dangers of damage to personal property and serious bodily injury, including permanent disability, paralysis, and death ("Risks") to myself and Risks to other third parties; (b) these risks and dangers may be caused by my own actions or inactions, the actions or inactions of others participating in the Activity, the condition in which the Activity takes place, or the negligence of the "Releasees" named below; (c) there may be other risks and social and economic losses either known or unknown to me or not readily foreseeable at this time; and I agree, covenant and promise to accept and assume all responsibility and risk for injury, death, illness or disease, or damage to myself, my property, that of the minor named above, arising from my participation in the Activity.
  3. HEREBY RELEASE, DISCHARGE, AND COVENANT to accept and assume all responsibility and risk for injury, death, illness, disease, or damage to other third parties and their property arising from my participation in this Activity and agree not to sue the Flatwater Fitness & Fun LLC, their instructors, employees, agents, owners, insurance agents, and contractors (each considered one of the "Releasees" herein) from all liability, claims, demands, losses, injuries, damage to property, or other damages on my account caused or alleged to be caused in whole or in part by the negligence of the "Releasees" or otherwise, including negligent rescue operations; and I further agree that if despite this Release and Waiver of Liability, assumption of risk, and indemnity agreement I, or anyone on my behalf makes a claim against anyone of the "Releasees," I will indemnify, save and hold harmless each of the "Releasees" from any litigation, attorney fees, loss, liability, or cost which may incur as the result of such claim. I further understand and agree to fully reimburse Flatwater Fitness & Fun LLC for any damage or loss caused to property of Flatwater Fitness & Fun LLC as a result of my participation in the Activity. My participation in this Activity is purely voluntary, no one is forcing me to participate and I elect to participate in spite of the Risks.
  4. AGREE TO ABIDE by Flatwater Fitness & Fun LLC's policies and agree to comply with all instructions of the guide, instructor or staff in connection with participation in the Activity, and failure to follow such directions shall be grounds for termination of my privilege to participate in the Activity without reimbursement or cancelation of fees paid or owed. I understand that the use or possession of drugs or alcohol is strictly prohibited directly before and during the Activity and will be grounds for immediate removal from the Activity without reimbursement of fees paid or owed. I agree that if in the judgment of my instructor and/or guide, he/she must call for assistance during the trip due to my noncompliance with his/her instructions or Flatwater Fitness & Fun LLC's policies that I accept responsibility for paying any associated rescue and transportation cost. I agree to return all equipment provided for the Activity no later than the time agreed to or will reimburse the cost of lost equipment to Flatwater Fitness & Fun LLC.
  5. By participating in or attending any Activity in connection with Flatwater Fitness & Fun LLC, I CONSENT TO THE USE OF ANY PHOTOGRAPHS, PICTURES, FILM, OR VIDEOTAPE TAKEN OF ME or provided by me for publicity, promotion, television, websites, or any other use, and expressly waive any right of privacy, compensation, copyright, or other ownership right connected to same.

My signature below indicates that I have read this agreement and fully understand its terms, understand that I have given up substantial rights by signing it and have signed it freely and without any inducement or assurance of any nature and intend it to be a complete and unconditional release of all liability to the greatest extent allowed by law. I understand that this is the entire agreement between Flatwater Fitness & Fun LLC, their agents or employees, and myself and that it cannot be modified or changed in any way by the representation or statements of any employee or agent of Flatwater Fitness & Fun LLC or by me. If any portion of this agreement is unenforceable, the remaining portions shall remain in full force and effect. All applicants are subject to acceptance by Flatwater Fitness & Fun LLC. Upon acceptance of my application, this agreement shall be deemed to have been entered into and to be performed at Stockton Lake, Stockton Missouri, and shall be construed according to the laws of the State of Missouri.






First Participant's Name

First Name*

Last Name*

Phone*
First Participant's Age Acknowledgment*
First Participant's Date of Birth*
I certify that I am 18 years of age or older
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*
Parent or Guardian's Email Address

Email*

Confirm Email*
Emergency Contact

First Name*

Last Name*

Emergency Contact's Phone Number*

Parent(s) or 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.




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*

Relationship*

Phone*
Parent or Guardian's Age Acknowledgment*
Parent or Guardian's Date of Birth*
I certify that I am 18 years of age 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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