PARTICIPANT RELEASE OF LIABILITY
& ASSUMPTION OF RISK AGREEMENT
***READ BEFORE SIGNING***
In consideration of being allowed to participate in any way in
the program, related events and activities, and use of equipment, I
undersigned, acknowledge, appreciate, understand, and agree that:
1. I KNOWINGLY AND FREELY ASSUME ALL
RISKS OF PARTICIPATION, both known and unknown, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASEES
(AS SPECIFIED IN SECTION 2) or others and assume full responsibility for my
participation. Risks include, but are
not limited to: complications from weather including lightning, hail storms or
physical exertion; perils and hazards from natural features, plants, animals,
insects, wet surfaces, tripping hazards and other man-made or natural features;
perils from equipment failure or miss-use; delays in receiving medical
attention due to remote locations; opportunities to become lost and failure to
adhere to routes or to posted signs if any.
I acknowledge that swimming in the river and surrounding unprotected
waters is dangerous and not recommended.
2. I, for myself and on behalf of my
heirs, assignees, personal representatives and next of kin, HEREBY RELEASE, INDEMNIFY,
AND HOLD HARMLESS Alfresco Fun, LLC, and The Harbour Homeowner’s
Association, Inc, The Harbour North Condominium Association, Inc, The Harbour
South Condominium Association, Inc, its officers, officials, agents and/or
employees, other participants, sponsors, advertisers, and if applicable, owners
and lessors of premises used to conduct the event (RELEASEES), from any and all
claims, demands, losses, and liability arising out of or related to any INJURY,
DISABILITY OR DEATH I may suffer personally or property damage or loss, WHETHER
ARISING FROM THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE, to the fullest
extent permitted by law.
3. Health Statement:
I will notify management of Alfresco Fun, LLC and any of its agents
and/or employees if I suffer from any medical or health condition(s) that may
cause injury to myself, others, or may require emergency care during my
participation.
***A
Minimum $30 Vessel Recovery Charged per Abandoned Kayak or Kayak Rescue to
return to Original point of Departure***
I HAVE READ THIS RELEASE OF LIABILITY AND ASSUMPTION OF RISK
AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTANDING THAT I HAVE GIVEN UP
SUBSTANTIAL RIGHTS BY SIGNING IT, AND ITS FREELY AND VOLUNTARILY WITHOUT ANY
INDUCEMENT.
FOR PARENTS/GUARDIANS OF PARTICIPANTS OF MINOR AGE (UNDER AGE
18 AT TIME OF REGISTRATION). This is to certify
that I, as parent/guardian with legal responsibility for this participant, do
consent and agree to his/her release as provided above of all the Release, and
for myself, my heirs, assignees, and next of kin, I release and agree to
indemnify and hold harmless the Releases from any and all liability incidents
to my minor child’s involvement or participation in these programs as stated
above, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASEES, to the fullest extent permitted by law.