PART I
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 Riverside Junction(referred to in this
document as “Provider”). It must be signed also 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.
PARTICIPANT 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, acknowledges and
agrees as follows:
PART II Activities, Hazards and Risks
The services of
Provider may include renting equipment and providing trips (including guided
trips) by raft, tube, 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) and travel 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 fail; 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 he 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 or the suitability of Participant, or
other participants, for the activities. Client, and the parent or guardian of a
minor Participant, accepts full 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.
PART III 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 full
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.
PART IV 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:
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 assert any such claims against a
Released Party
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 in or
participation in the activities of Provider or the use of its equipment.
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 of the minor for
whom I sign.
I acknowledge
that
1. Act within the limits of his or her ability.
2. Heed all warnings regarding participation in
the recreational activity.
3. Maintain control of his or her person and the
equipment, devices or animals the person is using while participating in the
recreational activity.
4. Refrain from acting in any manner that may
cause or contribute to injury to himself or herself or
to othe persons while participating in the recreational activity.
A
violation of this law constitutes negligence.
(WI Stat. 895.525 (3)
PART V 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 Wisconsin, and any mediation or suit shall take place only in that State, in the
County of
PART VI
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, administrators, wards, minor
children (whether or not they are Clients) 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.
Participant
(adult or minor)
Date:
Parent or Guardian Parent or Guardian
Date: Date: