NSPN Participant Agreement

PARTICIPANT AGREEMENT

INCLUDING RISK ASSUMPTION, LIABILITY RELEASE, AND INDEMNIFICATION AGREEMENT

This Agreement affects legal rights!  Please read ALL PAGES carefully before signing.

In consideration of being permitted to join in activities facilitated by North Shore Paddlers Network (NSPN), I (for myself or on behalf of my minor child) contractually agree as follows:

1. ABOUT NSPN: NSPN is a social nonprofit organization that encourages people to meet, share information and resources about sea kayaking, and take sea kayaking trips. Unless otherwise stated, trips, sessions, events, and any other activities advertised, organized, facilitated, or executed by or through NSPN (individually or collectively, as the context may require, referred to as an “Activity” or “Activities”) are run by volunteers, who are not required to be trained, pre-qualified, tested, or rated, and receive no compensation. 

    

2. ACKNOWLEDGEMENT OF DANGERS AND RISKS:  I understand, acknowledge, and agree that participating in the Activity can be HAZARDOUS AND INVOLVE THE RISK OF PHYSICAL INJURY AND/OR DEATH.  I understand, acknowledge, and agree that participating in the Activity involves certain inherent dangers and risks that cannot be eliminated or controlled by NSPN, the presence of which are integral to the adventurous nature of the Activity.  I understand and agree that the following list of inherent dangers and risks that could cause physical or emotional injury or death is not exhaustive – there are many other dangers or risks associated with the Activity not listed below: 
• Being in and around water: water immersion, including drowning; injurious contact with natural and manmade objects; capsizing or flipping boats; collisions with other watercraft; getting trapped or caught beneath an overturned boat; striking and/or becoming entangled with objects under the surface of the water; and
• Equipment: inadequate or malfunctioning equipment; failure to properly rig gear or equipment; failure to understand how to properly use or maintain equipment during a trip resulting in its failure or malfunction; failure to properly control your watercraft as a result of a lack of adequate knowledge, experience, or skill; and
• Environmental: exposure to dangerous ocean wildlife; exposure to dangerous insects; rapidly changing weather conditions; dangerous or changing ocean conditions; currents; lack of shelter; extreme temperature fluctuations; burns or burning associated with hot surfaces and sun exposure; water-borne, vector-borne, or airborne bacteria, virus, or pathogens (including but not limited to contraction of COVID-19); and
• Personal Injury: physical over-exertion; mental or physical shock; slipping, tripping or falling around or from boats; all manner of outdoor injuries including head injury, neck injury, spinal injury, soft tissue injury, musculoskeletal injury, broken bones, disability, internal injury, sickness or disease, hypothermia, frostbite, sunburn, heatstroke, dehydration, and hyponatremia; and
• General Inherent Risks: mentally or physically unstable or criminal Activity participants; negligence by Activity participants or volunteers; inadequate or incorrect medical care; poorly executed or failed rescue attempts; dangerous contact with rescue vehicles or aircraft; failure of or lack of communication equipment; all known dangers of riding in a motor vehicle while travelling to the Activity; collisions with any craft, person, equipment, or vehicle; errors in volunteer, leader, or participant’s judgment, or lapse in volunteer, leader, or participant’s skill; and mental, physical, or emotional injury or distress from exposure to the inherent risks listed herein. 

   

  I understand that NSPN has done its best to list the known risks of participating in the Activity, but agree that I have the right, obligation, and opportunity to research and verify the risks of participating in the Activity.  

   

3. ASSUMPTION OF RISK: I freely acknowledge and assume all risks, inherent or otherwise, inconvenience, harm, injury, loss, disability, or death that may occur to person (including me) or property (including mine), arising directly or indirectly from, or related in any way to, at any time, my enrolling in, participating in, volunteering for, or being present for an Activity—including free time and travel to/from Activities. NSPN cannot and does not guarantee safety or eliminate all risks and is not obligated to and may not know how or be able to assist, rescue, or provide medical care to me. 

    

4. PARTICIPANT’S RESPONSIBILITIES AND REPRESENTATIONS:  I represent that I am physically and mentally capable of participating in the Activity. I understand the importance of all safety instructions given to me, whether in writing or verbally, and agree to follow all volunteer or leader instructions at all times while engaging in the Activity. Further, I represent that I have had the opportunity to both independently research and discuss with NSPN the risks of participating in the Activity and my assumption of those risks. I have been informed of and understand the expectations of me while engaging in the Activity. I understand I am solely responsible for equipping myself properly and taking appropriate safety precautions, including wearing safety gear. I understand that if I do not wear a personal floatation device, or other personal protective equipment, I am taking full responsibility for these choices. I understand that I am responsible for truthfully disclosing and notifying NSPN of any risk to me or other participants associated with my own mental or physical conditions. I specifically and expressly agree that I have full responsibility for managing and treating any such conditions to prevent injury to myself or others. I will inform my Activity leaders, instructors, volunteers, and fellow Participants of any physical condition or medical history that might increase risk to me or anyone else. I am not relying on any prior oral, written, or visual representations made by NSPN, including in any website or promotional materials, to induce me to participate in the Activity. I acknowledge and agree I am solely responsible for any damage I may cause to NSPN’s or other’s property, and NSPN is not responsible for the loss, theft, or damage to my belongings at any time. My participation in this Activity is completely voluntary. I wish to participate even knowing the risks involved. I am at all times fully and solely responsible for my own safety and well being before, after, and during Activities.

 

5. LIABILITY RELEASE AND INDEMNIFICATION AGREEMENT: I agree to release (meaning I agree not to sue), indemnify (meaning I agree to pay or reimburse, including damages, costs, settlements, and attorneys’ fees), hold harmless, and defend NSPN, its directors, employees, volunteers, subcontractors, affiliated clubs, and all persons or entities affiliated with it or acting on its behalf, the land/property owners or managers, and municipal or government providers of use permits, and their respective employees, officers, and directors, individually or collectively, as the context may require (“Released Parties”), from any and all liabilities, claims, causes of action, and demands that arise in any way from, or are in any way related to, at any time, any inconvenience, injury, death, loss, damage, or harm to me, to any other person, or to any property, arising, directly or indirectly, from my enrolling in, participating in, volunteering for, or being present for an Activity. THIS INCLUDES CLAIMS FOR THE NEGLIGENCE OF THE RELEASED PARTIES, OTHERS, OR MYSELF, WRONGFUL DEATH, STRICT LIABILITY FOR ABNORMALLY DANGEROUS ACTIVITIES, BREACH OF CONTRACT, AND ANY OTHER TYPE OF CLAIM OR LAWSUIT. The indemnification and defense include claims brought, at any time, against Released Parties by—or on behalf of—me or others. This Agreement is intended to be enforced to the fullest extent that the law permits only and does not include claims of wanton acts or omissions, grossly negligent acts or omissions, or any other claims not permitted under Massachusetts law.

    

6. MEDICAL AUTHORIZATION:  I hereby: 1) authorize the Released Parties to undertake any emergency medical care for me; 2) authorize the Released Parties and/or their authorized personnel to call for medical care for me or to transport me to a medical facility or hospital if, in the opinion of such personnel, medical attention is needed; 3) agree that, following my transport to any such medical facility or hospital, the Released Parties shall not have any further responsibility for me; 4) agree to pay all costs associated with the medical care, rescue, or any related transportation provided for me; and 5) shall hold the Released Parties harmless from any claims associated with such medical care and/or related transportation.

 

7. APPLICATION OF AGREEMENT TO MINOR PARTICIPANTS: In the case of a minor Participant, I, as parent or legal guardian, acknowledge that I am not only signing this Agreement on my behalf, but that I am also signing on behalf of the minor and that the minor shall be bound by all of the terms of this Agreement.  Additionally, by signing this Agreement as the parent or legal guardian of a minor Participant, I understand that I am assuming the inherent risks of the Activities on behalf of the minor.  I agree that but for the foregoing, the minor Participant would not be permitted to participate in the Activity, and sign this document out of a desire to have the Participant be allowed to participate in the activity.  I represent that I am a legal parent or guardian of the minor Participant.

 

8. SEVERABILITY AND ENTIRE AGREEMENT: If a court or other appropriate authority finds any part of this agreement to be invalid, void, or unenforceable, the remainder of the agreement shall remain in full force and effect. Any invalid provision shall be modified or partially enforced, as the case may be, to the maximum extent permitted by law to carry out the purpose of the Agreement. This Agreement is the entire agreement. I waive any claims I might have for breach of contract or warranty for statements or representations made outside this Agreement.

    

9. MISCELLANEOUS PROVISIONS: I agree that any and all claims for injury and/or death arising from my participation in the Activity shall be governed by Massachusetts law, and that the exclusive jurisdiction for any claim shall be in the Middlesex County Superior Court, without regard to where the incident giving rise to any lawsuit occurs, and without regard to any jurisdiction’s conflicts of laws analysis. If I contest the validity of this Agreement and do not prevail, I agree to pay all attorneys’ fees and costs of NSPN in litigation. I agree that any subcontractors or other vendors utilized by NSPN during or incidental to the Activities are solely responsible for injury that occurs to me while I am utilizing their services, and that NSPN is not in a joint venture with any such vendor or subcontractor.  I acknowledge that payment of my annual dues to NSPN represents a renewal of this Agreement and all of its provisions. I acknowledge and agree that this Agreement is in full force and effect for three (3) years from the date of execution hereof. 

BY SIGNING BELOW, I ACKNOWLEDGE THAT I HAVE READ AND UNDERSTOOD AND VOLUNTARILY AGREE TO THIS ENTIRE AGREEMENT AND THAT IT SHALL BIND MY HEIR (S), ESTATE (S), EXECUTOR (S), REPRESENTATIVE (S), SUBROGEE (S), ADMINISTRATOR (S), AND/OR GUARDIAN (S).