CONTRACTUAL ASSUMPTION ACKNOWLEDGEMENT OF RISKS AND LIABILITY WAIVER AND RELEASE AGREEMENT IN CONSIDERATION of participation on a guided kayak tour with XPLOR KAYAKS, LLC for myself and/or any minor children for whom I am the legal parent/guardian or otherwise responsible, and for my/our heirs, personal representatives or assigns.
ACKNOWLEDGEMENT OF RISKS
1. I fully acknowledge that some, but not all of the risks of participating in the GUIDED KAYAK TOUR OR RENTAL in which I am about to engage may include (1)inclement weather, lightning, variances and extremes of wind, weather and temperature; (2) any sense of balance, physical condition, ability to operate equipment, swim, scuba, snorkel, and/or follow directions; (3) collision, capsizing. sinking or other hazard which result In wetness, injury, exposure to the elements, hypothermia, impact of the body upon the water, injection of water into my body orifices, and/or drowning; (4) the presence of insects and marine life forms; (5) equipment failure, operator error, transportation accidents; (6) heat or sun related injuries or Illness, including sunburn, sunstroke or dehydration; (7) fatigue, chill, and/or dizziness which may diminish my/our reaction time and increase the risk of an accident; (8) slippery decks AND/OR docks when wet; (9) any physical limitations that impair your ability to enter/exit vessel safely, at the dock or on the water.
2. I specifically acknowledge I have been given instructions/training in the safe use of the type of equipment used during this GUIDED KAYAK TOUR OR RENTAL to my complete satisfaction, and I am physically/mentally able to participate in the GUIDED KAYAK TOUR OR RENTAL which I am about to engage.
3. CONTRACTUAL/EXPRESS ASSUMPTION OF RISK AND RESPONSIBILITY I fully agree to assume all responsibility for all the risks of the GUIDED KAYAK TOUR OR RENTAL to which I am about to engage, whether identified above or not (I FULLY UNDERSTAND THAT I UNDERTAKE EVEN THOSE RISKS ARISING OUT OF THE NEGLIGENCE OF THE RELEASEES NAME BELOW)
4. My/Our participation in the GUIDED KAYAK TOUR OR RENTAL is completely voluntary. I assume full responsibility for myself and any of my minor children for whom I am responsible. This responsibility that I assume on my behalf and that of my minor children, or those children for whom I am legally responsible, extends to any bodily Injury, accidents, illnesses, paralysis, death, loss of personal property and expenses thereof as a result of any accident which may occur while we participate in the activity.
5. I COMPLETELY UNDERSTAND AND AGREE TO ACCEPT ALL RESPONSIBILITY ON BEHALF OF MYSELF AND MY MINOR CHILDREN, OR THOSE CHILDREN FOR WHOM I AM LEGALLY RESPONSIBLE, EVEN IF THESE INJURIES, DEATH, OR LOSS OF PERSONAL PROPERTY ARE CAUSED IN WHOLE OR IN PART BY THE NEGLIGENCE OF THE RELEASEES NAMED BELOW.
6. I HEREBY RELEASE [Nautical North Family Adventures aka Xplore Shipwrecks and More], THEIR AFFILIATED AND RELATED COMPANIES, THEIR PRINICIPALS, DIRECTORS, OFFICERS, AGENTS, EMPLOYEES, AND VOLUNTEERS. THEIR INSURERS, AND EACH AND EVERY LANDOWNER, MUNICIPAL AND/OR GOVERNMENTAL AGENCY UPON WHOSE PROPERTY AND ACTIVITY IS CONDUCTED, AS WELL AS THEIR INSURERS, IF ANY, FROM ANY AND ALL LIABILITY OF ANY NATURE FOR ANY AND ALL INJURY OR DAMAGE (INCLUDING DEATH) TO ME OR MY MINOR CHILDREN AS WELL AS OTHER PERSONS AS A RESULT OF MY/OUR PARTICIPATION IN THE ACTIVITY, EVEN IF CAUSED BY MY NEGLIGENCE OR BY THE NEGLIGENCE OF ANY OF THE RELEASEES NAMED ABOVE, OR ANY OTHER PERSON (INCLUDING MYSELF).
7. I have read this assumption and acknowledgement of risks and release of liability agreement. I understand fully that it is contractual in nature and binding upon me personally. I further understand that by signing this document I am waiving valuable legal rights including any and all rights I may have against the owner, the operator named above, or their employees, agents, servants, or assigns.
8. I FULLY AGREE IN CONSIDERATION FOR BEING ALLOWED TO PARTICIPATE IN THE GUIDED KAYAK TOUR AND RENTAL TO HOLD HARMLESS AND IDEMNIFY THE OWNER, THE OPERATOR NAMED ABOVE OR THEIR EMPLOYEES, AGENTS, SERVANTS, OR ASSIGNS FOR ANY INJURY WHICH MAY BEFALL ME, MY MINOR CHILDREN OR THOSE CHILDREN FOR WHOM I AM LEGALLY RESPONSIBLE (INCLUDING DEATH).
9. Parties Bound by This Agreement. It is my understanding that this Agreement be binding not only on myself, but on anyone or any entity, including my estate and my heirs, that or who may be able to or does due because of my injury or death. It is further my understanding and agreement that this Agreement is intended to and does in fact release the above "Released Parties" from any and all claims or obligations whatsoever arising in any way from my participation in Activities, even if caused by the negligence or other fault of the above "Released Parties". Initial ----
10. Duration of Release. It is my understanding and intention that this Agreement be effective for all Activities I may participate in, and for any subsequent Activities which are with the above "Released Parties," today's date or any subsequent dates. Initial -----
11. Enforceability. I agree that if any portions of this Agreement are found to be unenforceable or against public policy, that only that portion shall fail, but I specifically waive any unenforceability or any policy argument that I may make or that may be made on behalf of my estate or by anyone who would sue because of my injury or death. Initial -----
12. Legal Rights. I acknowledge and understand that by signing this document I am giving up important legal rights and it is my intention to do so. Initial -----
13. Waiver. I hereby waive all duty of care, whether by omission or commission, or any other duty which may be owed to me by the above "Released Parties." Initial -----
14. Construction. It is my understanding with the above "Released Parties" and my intention that this document be broadly construed in favor of the above "Released Parties" and against me and that any and all ambiguities be resolved in favor of the above "Released Parties". Initial -----
15. Choice of Laws. I agree that this Agreement shall be interpreted under the laws of the State of Michigan, no matter where I reside or where I execute this Agreement. The venue for any disputes shall be in Cheboygan County, Michigan. Initial -----
16. Medical Service. I am fully aware and understand Nautical North Family Adventures does not have on or about the vessel, or employ, or contract with any medical service providers for ordinary or emergency medical services. Initial ----- I HAVE READ AND FULLY UNDERSTAND THE ABOVE RELEASE/WAIVER AND ACKNOWLEDGE THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING THIS WAIVER VOLUNTARILY AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT.