Please read carefully. This is a release of liability and waiver of legal rights. Your signature at the end of the agreement acknowledges your understanding of the risks you are assuming and agreement to the following points.
In consideration of Ellipticraft LLC, its agents, owners, officers, volunteers, participants, employees, related companies and all other persons or entities acting in any capacity on their behalf (hereinafter referred to as the “Company”), I hereby agree to release and discharge the Company on behalf of myself, my parents, my heirs, assigns, personal representative and estate as follows:
I acknowledge that all watersports in general are hazardous and involve a great risk of physical injury or death.
I acknowledge that participation in water-based activities offered by the Company (to include Ellipticraft rentals, demos, classes, guided tours, and general usage of the Ellipticraft watercraft units- hereinafter collectively referred to as “the Activities”) carries the same general and inherent risks as other watersports and include great risk of physical injury or death.
I also understand and acknowledge that failing to use or properly use assigned safety type equipment such as personal flotation devices and/or my failure to follow instructions increases my risk of injury or of not surviving an accident or incident while participating in the Activities.
I assume all risks associated with the Activities including, but not limited to:
1. Use of an Ellipticraft watercraft unit (also referred to as “The Ellipticraft” in parts of this agreement) and participation in the Activities may involve serious personal injury or even death. I hereby recognize and assume those risks.
2. Maneuvering the Ellipticraft requires sustained activity in the form of elliptical style exercise motion, and this activity may be mentally and physically stressful.
Varying water conditions, obstacles, and collision with or interference from other Ellipticraft watercraft units, canoes, kayaks, boats, other watercraft and water users, natural and manmade objects, varying weather conditions, as well as varying depth and currents, may occur and increase my risk accident or incident while engaging in the Activities.
3. The Ellipticraft watercraft unit is slippery when wet, and I may slip or fall while getting on and off the Ellipticraft or otherwise engaging in the Activities, causing discomfort, personal injury or other bodily harm. I could fall or be knocked off the Ellipticraft even in flat or non-moving water, while in the water I may become disoriented, panicked and/or experience trauma;
4. The Ellipticraft frame is made of metal components, so if I slip or fall off of the Ellipticraft, I may come into contact with portions and edges of these metal components, resulting in cuts, scrapes, bruises, personal injury or other bodily harm.
5. Ellipticraft watercraft units could break down or be faulty, resulting in loss of control, accident, or personal injury during the activities.
6. I can slip or fall during walking, hiking or getting to and from the Activities I understand that some of the areas in which I might walk sometimes hide dangerous obstacles such as tree wells, tree stumps, creeks, rocks and boulders, forest dead fall, etc.;
7. I understand that the Activities take place in natural and outdoor environments. The weather can be unpredictable and change rapidly, storms or even lightning are possible; lightning can cause severe injury or death; exposure to the natural elements can be uncomfortable and/or harmful and I am aware that this exposure could cause sunburn, dehydration, heat exhaustion or heat stroke, cold or hypothermia or fatigue. I understand that prolonged exposure to cold water can result in hypothermia and in extreme cases death. It is possible I may encounter dangerous or aggressive or poisonous wildlife, insects, etc.; I understand these are inherent risks involved in any outdoor, watersports, or water-based activities and cannot be predicted or prevented by the Company.
8. I understand that assistance by anyone will be on the basis of the Good Samaritan Law. I further understand that if any Company employee or agent can see that I need assistance, he and/or she may come to assist me but are under no obligation to do so.
I expressly acknowledge and assume the above risks.
Indemnity and Hold Harmless. I promise to INDEMNIFY, HOLD HARMLESS AND DEFEND the Company against any and all claims to which document applies, including claims for their own negligence. I also promise to INDEMNIFY, HOLD HARMLESS AND DEFEND the Company against any and all claims for my own negligence, and any other claim arising from my conduct during the Activities. By signing this document, I acknowledge for myself, and any of the children I am responsible for, that if anyone is hurt or property is damaged during my participation in this activity, I may be found by a court of law to have waived my right to maintain a lawsuit against the Company on the basis of any claim from which I have released them herein.
I HAVE HAD SUFFICIENT OPPORTUNITY TO READ THIS ENTIRE DOCUMENT (ALL PAGES). I HAVE READ AND UNDERSTOOD IT, AND I AGREE TO BE BOUND BY ITS TERMS.