MEMBERS MUTUAL AGREEMENT FOR PROTECTION FROM LIABILITY

 

Welcome to the river. In the interest of permitting the Kayak and Canoe Club of New York (the “Club”) to exist and to serve the paddling community without fear of liability, I ask you to join in this contract. The first part is for you to acknowledge that you understand the risks involved in this activity. The second part is a release from liability.

 

ASSUMPTION OF RISK

 

I _________________________________________ understand and accept the following facts of life on a body of water: that paddling in watercraft exposes me to many hazards.  No one but myself is responsible for judging my qualifications for my safety when I choose to challenge my capabilities by boating on a particular body of water, or a particular rapid. I may assist my fellow paddlers to the best of my own ability if they appear to need such assistance, but only so long as I can do so, in my judgement, without significant danger to myself. I further understand that this does not imply any legal duty for me to do so, nor for any one else to render such assistance to me. Some of the dangers and risks, which may be present or occur, include, but are not limited to, the following:

 

1)               The hazard of traveling in a watercraft in varying water conditions;

2)               Hazards including boulders, trees and other obstacles, waterfalls, holes, reversals and other water formations;

3)               Swimming/floating in unfamiliar and sometimes turbulent water;

4)               Using paddles, ropes and other paddling equipment;

5)               Hiking or walking in rugged terrain, including slippery rocks;

6)               Injuries inflicted by animals, insects, reptiles or plants;

7)               Accidents or illness in remote places without medical facilities;

8)               Man-made objects in the water including, but not limited to, ropes, bridge pilings, broken dams and metal debris;

9)               Carrying watercraft and other paddling equipment;

10)            The forces of nature, including lightning, weather changes, water level changes and others not named;

11)            The physical exertion associated with paddling and swimming and carrying watercraft on land;

12)            Travel in a vehicle driven by other persons.

 

Now therefore, intending to be legally bound, I hereby waive, for myself and for anyone else claiming through me, my right to sue the Club, its members, trip coordinators or any of my fellow paddlers for any injuries to my person or my equipment which may occur during, in preparation for or in transit to or from a Club outing. The waiver applies to any negligent act or omission and to any intentional act intended to promote my safety or well-being.

 

I am solely responsible for deciding whether to participate in or to continue on any water trip. I assume these risks and understand my responsibility in decision making.  My waiver has no expiration date.

 

 

_____________________________        ___________________________           ____________

Participants Signature                         Printed Name                                       Date