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Assumption
of Risk:
- I
understand and accept that canoeing, kayaking, tubing, camping,
and cabin rental expose me to many hazards and that
participating in a Sugar Creek canoe/kayak/tube/camp/cabin trip
entails unavoidable risks of death, personal injury, and loss of
or damage to property. I voluntarily choose to participate in
this trip in spite of these risks and hereby assume all risk of
injury, disability, death, and loss of or damage to property. I
fully understand that I will be traveling at my own risk. I
agree to abide by the rules/regulations/safety warnings of
Deer’s Mill, Inc., d.b.a. Clements Canoes Outdoor Center/the
Canyon (DMI) and its employees.
- I
understand I should be in good physical health to participate in
a canoe/kayak/tube/camp/cabin trip. I acknowledge that I have
no health problems, physical disabilities or mental impairments
that would preclude my participation. I acknowledge that I have
sufficient skill and fitness to participate. I am not under the
influence of drugs or alcohol and there is no reason why I lack
capacity to sign this document. I acknowledge that I have
insurance that will cover the costs of emergency medical
treatment and/or transportation related to
canoe/kayak/tube/camp/cabin trips or that I am willing to bear
these costs. I authorize DMI to secure emergency transport
and/or medical care when DMI deems necessary, and I authorize
DMI to release or share participant medical information with
medical care providers.
Inherent
Risks:
- I
understand that in signing this document for participation in a
DMI canoe/kayak/tube/camp/cabin trip that certain risks and
dangers exist, including inherent risks, and these risks include
but are not limited to death, personal injury, and loss of or
damage to property, changing water flow or currents, submerged
and semi-submerged objects, varying wind and weather conditions,
natural obstacles and their condition, the presence of other
watercraft, the speed at which I travel, the stability
characteristics of a watercraft, collision, upset, overturned
and sinking can result in getting wet, injured, exposed to the
elements, drowning, and personal property damage or loss, that
for swimmers and non-swimmers, wearing a U.S. Coast Guard
approved flotation device is a basic safely precaution, that I
may suffer accidents or illnesses in remote places where there
are no available medical facilities, my own negligence, and
co-participant behaviors. I acknowledge that these are just
some of the known risks and that there are other inherent risks
in this activity both known and unknown.
Waiver and
Release:
- In
consideration of DMI furnishing services to enable me to make
this canoe/kayak/tube/camp/cabin trip, I for myself and on
behalf of my heirs, assigns, personal representatives and next
of kin, hereby, indemnify, specifically release and forever
discharge DMI and its officers, agents and employees from any
and all liability or claims for injury, illness, disability,
death and loss of or damage to property that I may suffer while
participating in this canoe/kayak/tube/camp/cabin trip. This
release and discharge specifically includes, but is not limited
to, liability or claims for injury, illness, disability, death,
or loss of or damage to property caused by the negligence of DMI
or its officers, agents, or employees. It is my intent to
release DMI and indemnify DMI and hold it harmless from all
liability for any such property loss or damage, personal injury
or loss of life, whether caused by the negligence of DMI or by
alleged breach of contract, breach of warranty, or any other
legal theory.
Indemnification:
- I hereby
agree to bear all costs and fees incurred by DMI in defending
themselves against the claims of mine, my heirs, assigns,
personal representatives and next of kin.
- I
acknowledge that DMI holds residency in Montgomery County in the
state of Indiana, and agree that any claims and litigations will
be brought in and carried out in Montgomery County in the state
of Indiana.
- I
expressly acknowledge and agree that if any part of the document
is found to be void or illegal by a court the other parts will
remain in full force and effect and will be given the broadest
construction possible by the courts of Indiana.
In
signing this document, I fully recognize that if injury, illness,
disability, death, or damage occurs to me or my property while
engaged in this canoe/kayak/tube/camp/cabin trip, I will have no
right to make a claim or file a lawsuit against DMI or its officers,
agents, or employees, even if they or any of them negligently cause
my injury, illness, disability, death, or damage.
I HAVE
CAREFULLY READ THIS DOCUMENT AND UNDERSTAND ITS CONTENTS. I AM
AWARE THAT THIS IS AN ASSUMPTION OF RISK, WAIVER, AND RELEASE
AGREEMENT, AND I SIGN IT FREELY, VOLUNTARILY AND WITHOUT
INDUCEMENT. I ALSO UNDERSTAND THAT I SHOULD NOT AND MAY NOT
PARTICIPATE IN THIS ACTIVITY IF I AM UNDER THE INFLUENCE OF ALCOHOL
OR DRUGS. |
