WARNING: THIS ACTIVITY REQUIRES
STRONG SWIMMING ABILITY.
There are
significant elements of risk in any adventure, sports or activity
associated with water sport type risks, the outdoors, the presence
or use of any type of watercraft and the use of related equipment,
and activities incidental thereto (referred to herein as
"activity"). Although we have taken reasonable steps to provide you
with appropriate equipment and/or skilled staff so that you can
enjoy an activity for which you may not be skilled, this activity is
not without risk. Certain risks cannot be eliminated without
destroying the unique character of the activity. The same elements
that contribute to the unique character of the activity can be
causes of loss or damage to equipment, or cause accidental injury,
illness, or in extreme cases, permanent trauma or death. For your
safety and that of other participants, prior to using any equipment,
it is important that you understand applicable boating laws and
rights of way. We do not want to frighten you or reduce your
enthusiasm for this activity, but we do think it is important for
you to know in advance what to expect and to be informed of the
inherent risks.
ACKNOWLEDGMENT OF RISKS: I acknowledge
that the following describes some, but not all, of those risks: 1).
Changing water flow, tides, currents, wave action, and ships' wakes;
2). Collision with any of the following: the watercraft or equipment
upon which I am the operator or passenger, other participants, other
watercraft, and manmade or natural objects; 3). Wind shear,
inclement weather, lightning, variances and extremes of wind,
weather and temperature; 4). My sense of balance, physical
coordination, ability to operate equipment, swim and/or follow
directions; 5). Collision, capsizing, sinking or other hazard which
results in wetness, injury, exposure to the elements, hypothermia,
and/or drowning; 6). Getting in or out of the craft; 7). Travel,
including travel to or from the activity; 8). The presence of
insects and marine life forms; 9). Equipment failure or operator
error; 10). Heat or sun-related injuries or illnesses including
sunburn, sunstroke, or dehydration; 11). Fatigue, chill and/or
dizziness, which may diminish my./our reaction time and increase the
risk of an accident.
I am (we are) aware that this activity
may entail risks of injury or death. I/we understand the description
of these risks is not complete and that unknown or unanticipated
risks may result in injury, illness, or death.
EXPRESS
ASSUMPTION OF RISK AND RESPONSIBILITY: I/we agree to assume
responsibility for the risks identified herein and those risks not
specifically identified. My/our participation in this activity is
purely voluntary. No one is forcing me/us to participate. I verify
that I am physically fit, not under the influence of alcohol or
drugs at this time and sufficiently qualified, trained and capable
to participate in these activities. Therefore, I assume full
responsibility for myself, including any minor children, for which I
am responsible, for bodily injury, accidents, illness, death, loss
of personal property, and expenses thereof as a result any accident
which may occur. I/we elect to participate in spite of the risks. I
am responsible for protecting my skin and eyes from the elements. I
agree to wear a US Coast Guard approved personal flotation device
(life jacket) while participating in the activity where required by
state or local law.
I assume the risk(s) of personal injury,
accidents and/or illness, including but not limited to sprains, torn
muscles and/or ligaments; fractured or broken bones; eye damage;
cuts, wounds, scrapes, abrasions and/or contusions; dehydration,
drowning, oxygen shortage (anoxia), and/or exposure; head, neck,
and/or spinal injuries; bite or attack by animal, insect or marine
life; allergic reaction; shock; paralysis or death.
COVENANT
OF GOOD FAITH: I recognize that you, provider of services, will
operate under covenant of good faith and fair dealing, but you may
find it necessary to terminate an activity due to forces of nature,
medical necessities or other problems; and/or refuse or terminate,
the participation of any person you judge to be incapable of meeting
the rigors or requirements of participating in the activity. I
accept your right to take such actions or the safety of myself
and/or other participants.
AUTHORIZATION: I hereby
authorize any medical treatment deemed necessary in the event of any
injury while participating in the activity. I either have
appropriate insurance or, in its absence, agree to pay all costs of
rescue and/or medical services as may be incurred on my/our behalf.
I agree to any film or photographs of me/us as participants, become
your property and may be used for promotional or commercial
purposes.
RELEASE: In consideration of services or
property provided, I, for myself and any minor children for which I
am parent, legal guardian or otherwise responsible, any heirs,
personal representatives or assigns, agree that:
BLUEGRASS
CANOES INC. dba CANOE KENTUCKY
its principals, directors,
officer, agents, employees and volunteers, their insurers and each
and every land owner, municipal and/or governmental agency upon
whose property an activity is conducted and their insurers, if any,
shall have no liability of any nature for any and all damage to me
and other persons or properties as a result of any acts, omissions
or negligence of the "owner" or any other person (including myself)
or entity and I hereby release and discharge the owner and insurer,
if any, for any such damage.
The undersigned also assumes
full responsibility for any lost or damaged equipment and has
inspected and deemed the equipment in good working order. A $25
minimum fee will be charged to locate lost equipment. Fees for lost
or damaged equipment will be determined on a case-by-case
basis.
I HAVE READ THE ACKNOWLEDGMENT OF RISKS, ASSUMPTION OF
RISK AND RESPONSIBILITY. I UNDERSTAND THAT BY SIGNING THIS DOCUMENT
I MAY BE WAIVING VALUABLE LEGAL RIGHTS. |