WESTERN SEA KAYAKERS ASSUMPTION OF RISK, RELEASE AND WAIVER OF ALL CLAIMS, COVENANT NOT TO SUE, INDEMNITY AGAINST CLAIMS, and VALIDITY OF WAIVER I ACKNOWLEDGE THAT THIS IS A BINDING LEGAL DOCUMENT. BY SIGNING IT I AM WAIVING IMPORTANT LEGAL RIGHTS TO WHICH I MIGHT OTHERWISE BE ENTITLED UNDER THE LAW. I AM VOLUNTARILY PARTICIPATING IN THESE ACTIVITIES WITH FULL KNOWLEDGE OF THE DANGERS AND RISKS INVOLVED.
1. DEFINITION OF PARTIES AND ACTIVITIES: Western Sea Kayakers, its officers, directors, members, former members, guests, employees, agents, contractors, affiliated or related entities or persons, and their respective heirs, successors and assigns, are herein jointly and interchangeably referred to as “WSK”. The term “WSK” also comprises Paddlesport Risk Management LLC (“PRM”). “WSK Activities” referred to herein include:
(a) participation in any event sponsored, cosponsored, promoted or advertised by WSK,
(b) equipment rental/usage or
(c) instruction given by or received from WSK.
For non-WSK activities, this waiver applies among participating WSK members and in favor of WSK except as otherwise agreed, expressly and in advance, among such WSK members. “I” or “me” refers to the undersigned, my personal representatives, assignees, heirs, successors and assigns, distributees, executors, guardians, legal representatives and next of kin. I understand and acknowledge that WSK is a club of kayakers who get together for activities, including but not limited to canoeing, kayaking and other watersports and
outdoor activities, many of which occur in remote places having no medical facilities. It is assumed that WSK Activity
participants have the abilities and skills required to protect themselves from harm and that others who might attempt to help them may or may not have the abilities or skills required to do so. WSK makes no warranty as to the abilities or skills required to undertake these activities or as to the risks that may be associated with them. WSK and I agree that PRM shall benefit from this waiver and covenant not to sue in the same manner as WSK.
2. ASSUMPTION OF RISK: I am aware that WSK Activities may be dangerous and physically demanding, and that my
participation in WSK activities may involve risks, including but not limited to injury, death, disease (including but not limited to COVID-19) and other health risks, and property damage. I further acknowledge that even with reasonable care and instruction, danger and risk are inherent in WSK Activities. Waves, currents, and swells on the bay, ocean, and rivers, wind, weather and wildlife, which are oftentimes unpredictable, expose me to dangers and risks, and there may be nonboating dangers and risks including disease and other health risks of any kind, as well, all of which I fully acknowledge and accept. I understand that any advice/instruction given by WSK is not intended to increase/alter this assumption of risk in any way. I assume all of the aforementioned risks, including equipment malfunction or failure from design defects, assembly, and/or manufacture as well as all risks arising from negligent/improper equipment use, even if known to or caused by WSK. I agree that I am solely responsible for my own safety and agree to assume all risks, both known and unknown, anticipated and unanticipated. I further agree that I am solely responsible for understanding and following all federal, state and local laws, regulations, guidelines and orders, including county health orders, and assume all risk associated with any failure in this regard.
3. RELEASE AND WAIVER OF ALL CLAIMS: In consideration of my participation in WSK Activities, I will not make, and will waive any and all claims, demands, causes of action or lawsuits against WSK for injury, death, damage, and any other liability, even if caused in whole or in part by the negligence or other acts of WSK. I assume full responsibility for risk of njury/death/disease/other health risks/property damage arising from my participation in WSK Activities regardless of any WSK negligence, and hold harmless WSK from all actions, claims, or demands that result from/in connection with my participation in WSK Activities. I understand advice or instruction by WSK is not meant to increase or alter this assumption of risk, release and waiver. It is the intention of this Agreement to exempt and release WSK from any and all liability, and/or claims therefore, and to forever bar any right to sue WSK for personal injury, death or property damage, even if caused by WSK’s negligence.
4. COVENANT NOT TO SUE: I agree never to institute or prosecute any claim, suit or action at law or otherwise against WSK by reason of injury, death or property damage arising from my participation in WSK Activities. Should any lawsuit, action at law, or otherwise be instituted by me in violation of the terms herein, WSK shall be entitled to recover, in addition to any other damages which may incur, reasonable attorneys' fees and costs of defense of such suit or action, including any appeals.Any advice or instruction given by WSK is not intended to increase or alter this covenant not to sue.
5. VALIDITY OF WAIVER: This Agreement shall be binding upon me, and my estate, successors and assigns. I
understand that if I or anyone on my behalf, should institute any claim for injury, death, disease, other health risks or property damage or any cause of action for same against WSK arising from my participation in WSK Activities, this Release can and will be used in court and that such agreements have been upheld in courts in similar circumstances. I understand/agree that this document shall be broadly construed in favor of WSK and against me and any ambiguities shall be resolved in favor of WSK.
6. STATEMENT OF FITNESS: I understand that certain abilities, skills, physical/mental health and fitness levels are
required to reduce canoeing/kayaking dangers and risk. I possess such abilities, skills and fitness. I agree to wear a properly fastened personal flotation device (life jacket) while aboard a boat, or on or in the water, and to wear and/or have in my possession safety equipment appropriate for each activity. I understand canoeing/kayaking should be undertaken only after proper instruction/training and with equipment that is suitable for each intended use. I confirm that WSK provides no such instruction/training in connection with equipment selection, rental, purchase and use. I assume all responsibility for deciding where, when, and with whom to paddle and as to what equipment I am going to utilize. I understand/agree that any equipment provided by WSK is for my exclusive use and I will not allow others to use it while it is entrusted to me.
7. EXECUTION: This waiver may be executed in paper form or by affixing a visible image of a signature to an electonic version of this waiver form. If executed in paper form the completed form may be returned to WSK by mail, in person, or by scanning and sending via email.