This Agreement must be signed by the Participant and/or the Participant’s parent/guardian (if applicable, when the Participant is younger than 18 years old) prior to participation. The Participant acknowledges and agrees to the terms outlined in this document. When applicable, the Participant’s parent/guardian acknowledges and agrees to the terms on behalf of the Participant.
- The primary renter must be a paid, good-standing member of UAPS.
- Use rental equipment at your own risk. The UAPS waiver must be signed prior to rental here.
- Any additional passengers in tandem (duo) rentals must be AWA members.
- All renters and passengers must paddle according to their own comfort and skill level, and must be prepared for the specific conditions during the period of the rental.
- All participants must paddle and practice wet-exits in flatwater before proceeding to moving water.
- If any gear is damaged, or in need of maintenance, you must email equipment@paddleuaps.com following your rental.
Equipment rental and usage have foreseeable and unforeseeable inherent risks, hazards and dangers that no amount of care, caution or expertise can eliminate. These inherent physical risks include:
RISKS
a) Health: executing physical techniques; physical exertion; stretching; dehydration; fatigue; hypothermia or hyperthermia; cardiovascular workouts; rapid movements and stops; lack of fitness or conditioning; traumatic injury; sprains and fractures, spinal cord injuries, bacterial infections; rashes; and the transmission of communicable diseases, including viruses of all kinds
b) Premises: drowning; falls; collisions with objects or barriers that are a part of the premises; dangerous, unsafe, or irregular conditions on water, ground, or other surfaces; temperature of the water; interactions with animals and plants; extreme weather conditions and hazards such as thunderstorms and lightning; and travel to and from the premises
c) Use of equipment: mechanical failure of the equipment; negligent design or manufacture of the equipment; the provision of, or the failure by, the Organization to provide any warnings, directions, instructions or guidance as to the use of the equipment; failure to wear safety or protective equipment; and failure to use or operate equipment within the Participant’s own ability
d) Contact: contact with participants, kayaks, canoes, paddles, vehicles, plants or animals, or other persons; and other contact that may lead to serious bodily injury, including but not limited to concussions and/or other brain injury or serious spinal injury
e) Advice: negligent advice regarding the Activities
f) Ability: failing to act safely or within the Participant’s own ability or within designated areas
g) Sport: canoeing and kayaking and their inherent risks, including becoming lost or disoriented during participation
h) Conduct: the Participant’s conduct and conduct of other persons including any physical altercation between participants
i) Travel: travel to and from the Activities
DISCLAIMER
The Participant (and the Participant’s parent/guardian, if applicable) assumes all risks arising
out of, associated with or related to, participation in Equipment Rental and Usage and waives
any and all claims that the Participant (and the Participant’s parent/guardian, if applicable) may
have now or in the future against the Organization. The Participantt (and the Participant’s
parent/guardian, if applicable) accepts and fully assumes all such risks and possibility of
personal injury, death, property damage, expense, and related loss, including loss of income,
resulting from participation in the Activities. The Participant (and the Participant’s
parent/guardian, if applicable) forever indemnifies and releases the Organization from any and
all liability for any and all claims, demands, actions, damages (including direct, indirect, special
and/or consequential), losses, actions, judgments, and costs (including legal fees) (collectively,
the “Claims”) which the Participant (and the Participant’s parent/guardian, if applicable) has or
may have in the future, that might arise out of, result from, or relate to, participation in the
Activities, even though such Claims may have been caused by any manner whatsoever,
including but not limited to, the Organization’s negligence, gross negligence, negligent rescue,
omissions, carelessness, breach of contract and/or breach of any statutory duty of care of the
Organization.
ACKNOWLEDGMENT
The Participant (and the Participant’s parent/guardian, if applicable) acknowledges that they
have read and understand this Agreement, that they have executed this Agreement voluntarily,
and that this Agreement is to be binding upon themselves, their heirs, spouse, children, parents,
guardians, next of kin, executors, administrators and legal or personal representatives. They
further acknowledge that by signing this Agreement they have waived their right to maintain a
lawsuit against the Organization on the basis of any claims from which they have released
herein.
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