Please read this carefully. This is a release of liability and waiver of legal rights.
1 I acknowledge that use of a kayak and/or paddleboard (collectively, the Activity") is hazardous and involves arisk of physical injury. Some risks associated with the Activity include, but are not limited to, varying water conditions, obstacles, other kayaks, paddleboards and boats, other kayakers, paddleboarders and water users, natural and manmade objects, varying weather conditions, as well as varying depth and currents. I acknowledge that the use ofa kayak and/or paddleboard may result in bodily injury, death or property damage. I understand that the above list of risks is not complete or exhaustive and that those and other risks, known or unknown, anticipated or unanticipated, may also result in injury, death, or damage to me, my property, or third parties. I agree to voluntarily participate in the Activity with knowledge of the potential dangers involved and assume any and all risks arising from participation in the Activity.
2 In consideration for my participation in the Activity, I hereby forever release, hold harmless, and covenant not-to-sue the University, its trustees, officers, employees, agents, and volunteers (the "Released Parties") from any and all present and future claims resulting from negligence or otherwise on the part of the Released Parties for property damage, personal injury, or wrongful death arising as a result of my participation in the Activity or any activities incidental thereto, wherever, whenever, or however the same may occur. I hereby voluntarily waive any and all claims both present and future resulting from negligence, breach of contract, breach of warranty, strict liability, or otherwise that may be made by me, my family, estate, heirs, or assigns, and I relinquish on behalf of myself, my spouse, heirs, and assigns the right to recover for injury, death, or damage to property.
3 I agree to return the kayak and/or paddleboard in the same condition as I received it, normal wear and tear excepted. I understand and agree that I am personally responsible for the kayak and/or paddleboard and any protective equipment provided to me for the Activity. I agree to comply with all University rules and instructions during the Activity and understand that the University reserves the right, in its sole discretion, to disqualify me from the Activity for failure to comply with such rules and/or instructions. I acknowledge that the University has provided me with a protective life jacket and requires its use while kayaking and paddleboarding. Anyone who uses a kayak and/or paddleboard without a life jacket will be prohibited from using kayaks and paddleboards and may be subject to University discipline. I affirm that I am qualified, in good health, and in proper physical condition to participate in the Activity.
4 If I am signing this Liability Release on behalf of an individual less than 18 years of age (the "Minor"), I represent and warrant that I am the parent and/or legal guardian of the Minor, and I accept full responsibility for any and all medical expenses incurred on the Minor's behalf as a result of or in connection with the Activity. I further agree to indemnify the Released Parties for any and all claims brought by the Minor and/or a third party arising in connection with the Minor and the Minor's participation in the Activity.
5 I grant to the University all rights necessary to enable the University to use, reproduce, assign, and/or distribute, in all forms and in any media, my name, image, and/or photograph or video, and any such items related to the Activity, for promotion and/or educational purposes. I understand that such information about the Activity may appear in public media and that I will not be compensated for any materials and subsequent publication.
6 I understand that the release and hold harmless provisions contained in this Liability Release are intended to be as broad and inclusive as permitted by the laws of the State of Rhode Island, and I agree that if any portion is held invalid, the remainder will continue in full legal force and effect. I further agree that the venue for any legal proceedings shall be in the State of Rhode Island.
If User is under the age of 18, the parent or guardian who signs below also commits and agrees to the User conditions of this Liability Release.
I HAVE CAREFULLY READ THIS LIABILITY RELEASE, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT. NO ORAL REPRESENTATIONS, STATEMENTS OR INDUCEMENTS APART FROM THIS LIABILITY RELEASE HAVE BEEN MADE.