REEDS CANOE
TRIPS, INC.
IMPORTANT. READ
CAREFULLY.
This document affects your legal rights. It must be signed by
you, the "Participant", whether you are an adult or minor, if you are renting
or otherwise using equipment or participating in activities offered by REEDS
CANOE TRIPS, INC., (hereinafter referred to as "Provider"). It must be signed
by your parent or guardian if you are a minor Participant (under 18 years of
age.) The parent or guardian agrees to these terms individually and on behalf
of the minor. Only a parent or legally appointed guardian may sign for a minor
Participant. References in this agreement to "I" or "we" include all who sign
below unless otherwise clearly indicated.
PARTICIPATING AGREEMENT
(Including Acknowledgment and Assumption of
Risks, Agreements of Release and Indemnity and Additional
Provisions)
IN CONSIDERATION of the
opportunity to rent or otherwise use certain equipment and/or participate in
activities offered by Provider, Participant (adult or minor), and the parent or
guardian of a minor Participant, understand, acknowledge and agree as
follows:
- Activities, Hazards and
Risks.
The services of Provider may including renting equipment and
providing trips by canoe or kayak (referred to, collectively, as "watercraft").
Activities, scheduled and unscheduled, associated with these services may
include, in addition to travel by water, swimming, wading, hiking, climbing on
rocks and slopes, camping, portaging (carrying the watercraft between water
travel sites) to and from the activities.
The hazards and risks
(together referred to as "risks") of the use of the watercraft include the
following: entering, exiting and operating the watercraft; water which may be
fast, deep, cold and subject to rapid change; objects which may be encountered
in and out of the water and which may not be obvious, including debris, trees,
rocks, boulders, dams, bridges and other hazards; the watercraft may overturn,
swamp and sink and occupants may become separated from the craft; feet and
other parts of the body may become entrapped in or under rocks and other
objects; participants may strike or be struck by objects, other watercraft and
other persons, in and outside of the watercraft. Risks of other activities
include those associated with camping, hiking and moving on and over terrain,
including the shoreline, the premises of Provider and others, and elsewhere,
which may be unstable, steep and slippery and where rocks, trees and other
objects may fall, and man-made and natural structures may fall; animals,
including poisonous reptiles, and poisonous plants may cause harm; swimming in
unfamiliar surroundings may cause entrapment, injury from slips and falls and
drowning. Other risks include errors in judgment of Provider's staff and other
participants, including the improper assessment of capabilities and conditions
pertaining to the activities; certain activities may be instructional and
designed to extend the skills of participants; equipment may be misused or may
fail because of manufacturing defects or otherwise; collisions may occur while
traveling by vehicle to and from the activities; the activities are subject to
the unpredictable forces of nature, including exposure to the sun, cold, wind,
hail, lightning, flash floods and other such phenomena; activities may take
place in remote places, significantly delaying emergency medical care and
evacuation.
Participant, and the parent or guardian of a minor
Participant, acknowledge and understand that the description of activities and
risks above is not complete and that all activities, whether or not described,
may be dangerous and may include risks which are inherent and cannot be
reasonably avoided without changing the nature of the activity. Participation
in the activities can cause bites, stings, allergic reactions, overexertion,
heat stroke, hypothermia, illness due to contaminated water, burns, cuts,
bruises, strains, broken bones and other injuries and illnesses. Property loss,
and serious injury and death, including by falling and drowning, are
possible.
Provider has made no effort to determine, and accepts no
responsibility for, medical, physical or other qualifications of the
suitability of Participant or other participants, for the activities.
Participant, and the parent or guardian of a minor Participant, accepts fully
responsibility for determining Participant's medical, physical or other
qualifications or suitability for participating in the activities. Provider is
not responsible for the water conditions, routes, camp sites, or other
activities of renters of its equipment. Certain activities may be conducted by
independent contractors hired by Provider. These contractors are not trained or
supervised by Provider and Provider has no control over them and accepts no
responsibility for their conduct. Alcohol will, and other substances may,
impair judgment and reduce a Participant's ability to effectively manage the
risks of water travel, camping and land activities; Participants should inspect
unfamiliar rapids and other hazards before attempting to pass through or over
them; Participants should always wear a fastened life jacket (personal
floatation device); participants should wear footwear which will provide
protection from sharp objects, and which will minimize the risk of foot
entrapment. Failure to adhere to these and other safety precautions may result
in serious injury or death.
- Acknowledgment and
Assumption of Risks.
I, the Participant (adult or minor) and the parent or guardian of a
minor Participant, understand the nature of the services of Provider and other
activities which may occur, and their risks. I acknowledge and expressly assume
all risks of the activities, whether or not described above, known or unknown,
and inherent or otherwise. I take fully responsibility for any injury or loss,
including death, which I, or a minor child for whom I sign, may suffer, arising
in whole or part out of such activities.
- Use of
Alcohol.
Participant understands and agrees that Provider has an
Alcohol Use Policy that specifically limits all Participants to the consumption
of the equivalent of 3 - 12 oz. cans of beer or less during the entire time of
the canoe rental; except as may be prohibited by any federal, state, county
and/or local laws or ordinances. Participant further agrees to abide by said
policy.
- Agreements of Release
and Indemnification and Additional Provisions.
If I am an adult
Participant, or the parent or guardian of a minor Participant, I agree, for
myself and on behalf of the minor Participant for whom I am signing, as
follows:
a. I release Provider, its employees,
contractors, volunteers, directors and owners ("Released Parties") from any and
all claims of injury or loss which I, or the minor child for whom I sign, may
suffer, arising out of or in any way related to my, or the child's enrollment
in or participation in the activities of Provider or the use of its equipment.
Neither I, the minor child, nor anyone acting on our behalf, will bring suit or
otherwise asset any such claims against a Released Party, except those caused
by Provider's negligence.
b. I will indemnify
(that is, defend and satisfy by payment or reimbursement, including costs and
attorneys' fees) each Released Party from any claim of liability, including one
brought by or for a minor child for whom I sign, a co-participant in any of the
activities of Provider, a rescuer, a member of my, or the minor child's family,
or anyone else, asserting a loss arising out of or in any way related to my, or
the child's enrollment or participation in the activities of Provider or the
use of its equipment.
c. The agreements of
release and indemnification above include claims arising in whole or in part
from negligent (but not grossly negligent, reckless or intentionally wrong)
acts or omissions of Released Parties or any of them, and all other claims,
including for personal injury, wrongful death, property damage, products
liability (including strict liability), breach of contract or warranty, or
otherwise. The agreements are intended to be enforced to the fullest extent
allowed by law, and to be binding on me as Participant and on me as parent or
guardian of a minor Participant, individually and on behalf o the minor for
whom I sign.
- Additional
Provisions.
I authorize Provider to provide or obtain for me, or the
minor child for whom I sign, such medical care as it considers necessary and
appropriate, and I agree to pay all costs associated with such care and related
transportation. Any dispute between provider and me or the minor child for whom
I sign will be governed by the substantive laws of the State of Illinois, and
any medication or suit shall take place only in that State, in the County of
Kankakee. If the dispute cannot be resolved by mutual agreement, I agree to
submit to a mediator recognized by the Courts of that Sate and County. I agree
to pay all costs and attorneys' fees incurred by Provider in defending a claim
or suit brought by me or by or on behalf of the minor for whom I sign, if the
claim or suit is withdrawn or to the extent a court of mediator determines that
Provider is not responsible for the claims injury or loss.
- Binding
Effect.
This Agreement is entered into voluntarily and after careful
consideration. Its terms cannot be amended except in writing. I understand that
it is binding, to the fullest extent allowed by law, upon all persons signing
below, our respective heirs, executors, administration, wards, minor children
(whether or not they are Participants) and other family members. If any part of
this Agreement is found by a Court or other appropriate authority to be
invalid, the remainder of the Agreement nevertheless shall be in full force and
effect.
THE UNDERSIGNED
HAVING READ THE ABOVE PARTICIPANT AGREEMENT AND UNDERSTANDS ITS CONTENTS
AND
AGREES TO ABIDE BY ALL TERMS AND CONDITIONS CONTAINED IN THIS
PARTICIPANT AGREEMENT.
_________________________________
Date:____________________________ Participant (adult or
minor)
_________________________________
Date:____________________________ Parent or
Guardian
_________________________________
Date:____________________________ Parent or Guardian