PARTICIPANT RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT
***READ BEFORE SIGNING***
In consideration of the services of Hot Rod Fishing Guilde Service, its agents, members, owners, officers, volunteers, participants, employees, and all other persons or entities acting in any capacity on their behalf (hereinafter collectively referred to as “Hot Rod”), I hereby agree to release, indemnify, and discharge Hot Rod, on behalf of myself, my spouse, my children, my parents, my heirs, assigns, personal representative and estate as follows:
1. The risk of injury from the activities involved in Hot Rod's kayak rentals is significant, including the potential for permanent paralysis and death, and while particular skills, equipment, and personal discipline may reduce this risk, the risk of serious injury does exist; and I understand that, damage to or loss of property, personal injury or fatality may occur due to the capsize of a kayak or other water craft, collision of a kayak or other vessel with a vehicle, bridge, other water craft, rock, log, tree, or other object in the water or on shore. Damage to or loss of property, personal injury or fatality may occur due to falling into or from a kayak or water craft, prolonged submersion in water, or falling while hiking or walking on shore on and/or off established trails and paths. Damage to personal property may occur due to leaking or improperly sealed bags or containers. Damage to or loss of property, personal injury or fatality may occur due to immersion in cold water and hypothermia (significant loss of body heat), entrapment in or under the water due to a rock, tree, water craft, loose equipment, marsh and gulf currents or other object in the water, collision while swimming in swift or calm water with a rock, tree, water craft or other man-made or natural object in the water or on shore. Damage to or loss of property, personal injury, illness or fatality may also occur due to the presence of water-borne parasites, bacteria or pollutants and/or exposure to temperature extremes, solar radiation or inclement weather. Damage to or loss of property, personal injury or fatality may also occur due to vehicle accident while riding in vehicles operated by Hot Rod, its agents, employee or associates. Furthermore, I understand that advanced medical care, medical facilities, and the availability of physicians and/or nurses, in the event of an accident or illness in remote places may be absent or substantially delayed. I understand that Hot Rod does not carry satellite phones or radios and that cellular service is sometimes not available in the areas where Hot Rod operates and that immediate communication with advanced medical personnel and/or government authorities is rarely possible; and, In consideration of and as part of payment for the right to participate in Hot Rod rentals and the services arranged for me by Hot Rod and its agents and associates, I certify that I have the necessary skills and ability to participate in this activity, and do voluntarily participate in this saltwater kayak trip and the related activities with knowledge of the dangers and risks involved, both known and unknown. By my signature below, I KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, BOTH KNOWN AND UNKNOWN AND ASSUME FULL RESPONSIBILITY FOR MY PARTICIPATION; AND, I accept and assume responsibility for myself for injury, death and loss of or damage to personal property and expenses thereof as a result of my negligence in participating in this activity. I hereby agree to assume all responsibility for myself and my property and hereby release and discharge Hot Rod and its officers, members, managers, employees, representatives, subcontractors and agents from all claims, demands, and rights or causes of action for injuries or damages of any description which may occur as a result of my participation on this Hot Rod kayak rental. Participants are strongly advised to have personal medical insurance, along with baggage and camera insurance. It is understood that if emergency rescue evacuation should become necessary, the expenses are the sole responsibility of the participant and not that of Hot Rod. Hot Rod reserves the right to accept or decline service to any person.
2. I, for myself and on behalf of my heirs, assigns, personal representatives and next of kin, hereby release, indemnify, and hold harmless, Hot Rod, its officers, officials, agents, and/or employees, other participants, sponsors, advertisers, and, if applicable, owners, and lessors of premises used to conduct the event (Releasees), from any and all claims, demands, losses, and liability arising out of or related to an injury, disability or death I may suffer, or loss or damage to person or property, whether arising from the negligence of the Releasees or otherwise, to the fullest extent of the law.
3. I knowingly and freely assume all such risks, both known and unknown, even if arising from the negligence of the Releasees or others, and assume full responsibility for my participation.
4. I AM RESPONSIBLE FOR EQUIPMENT IF LOST, ABANDONDED OR DAMAGED.
$1000 PER KAYAK $20 PER LIFEVEST $80 PER PADDLE $10 PER ANCHOR
5. PHOTOGRAPHY/VIDEO WAIVER: By participating in or attending any activity in connection with the program, whether on or off the premises, I consent to the use of any print or digital photographs, pictures, film, or videotape taken of me for publicity, promotion, television, websites, or any other use, and expressly waive any right of privacy, compensation, copyright or ownership right connected to same.
I have read this release of liability, assumption of risk and waiver agreement, fully understand its terms, understand that I have given up substantial rights by signing it and sign it freely and voluntarily without any inducement.
Signature of Adult Participant ____________________
Print Name____________________________ Date ________
City ________________________ State ____Zip ________
Drivers License: _______________________State:________
Emergency Contact __________________________________
For Parent or Guardian of Participant of Minor Age (Must be completed by parent or guardian for participants under the age of 18)
In consideration of (print minor’s name) ________________________________________(Minor) being permitted by Calmwater to participate in its activities and to use its equipment and facilities, I as parent/guardian with legal responsibility for this Minor, do consent and agree to his/her release as provided above of all the Releasees, and, for myself, my heirs, assigns, and next of kin, I release and agree to indemnify and hold harmless the Releasees from any and all liability incidents to my minor child’s involvement or participation in these programs as provided above, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASEES, to the fullest extent permitted by law.
Parent/Guardian Signature: _______________________________________________
Print Name: __________________________________________Date:_____________