DISCLOSURE OF RESPONSIBILITIES, ASSUMPTION OF RISKS, RELEASE OF LIABILITY, WAIVER OF CLAIMS AND RIGHT TO SUE, AND INDEMNITY AGREEMENT
Watercraft paddling is a potentially dangerous activity. Hazards include strong and unpredictable currents; cold water; sweepers (partially submerged trees and logs); rocks; deep, uneven and jagged river, lake and ocean bottoms; unstable and potentially harmful paddle craft; sudden and unpredictable changes in the weather; hypothermia; the possibility of becoming injured; loss of life; lost and damaged property (including stored boats); any and all hazards associated with paddling, racing, camping, portaging, wilderness traveling, social events and other pursuits of the Moose Jaw Canoe and Kayak Club (hereafter referred to as “MJCKC Activities”).
DISCLOSURE AND ACKNOWLEDGEMENT OF RESPONSIBILITIES
The Officials for a MJCKC event may not be a professional instructor, guide or trained in first aid. The Official’s job is only to organize the event. It is the responsibility of each person in a MJCKC event to ensure that he/she has the necessary skills, experience, fitness and equipment commensurate with the requirements for the event. Each person is responsible for knowing the rules for each Activity, for his /her own safety, for having suitable first aid supplies and for confirming that his/her clothing and equipment are in good working order.
RELEASE AND WAIVER OF LIABILITY
In consideration of my being permitted to participate in MJCKC Activities, I, for myself, my heirs, next of kin, executors, administrators, and anyone else who may claim on my behalf HEREBY WAIVE ANY AND ALL CLAIMS, LIABILITY AND DAMAGES I may now and in the future have against MJCKC, its members, trip organizers, and all persons acting under its authority (collectively described here as “MJCKC Entities”) arising from any and all personal injury, death, property damage or loss sustained by me on to any property, personal injury or death to any third party arising from or in connection with my participation in the activities of MJCKC howsoever caused. I FURTHER HEREBY RELEASE AND FOREVER DISCHARGE MJCKC Entities from and against all demands, claims, actions, damages, costs, and expenses arising from or with respect to death, injury, damage or loss to my person or property of any kind whatsoever, howsoever caused in connection with my participation in MJCKC Activities though the same may have contributed to or have been caused by the NEGLIGENCE, GROSS NEGLIGENCE, OR BREACH OF CONTRACT OF MJCKC ON BREACH OF ANY STATUTORY OR OTHER DUTY OF CARE. I FURTHER AGREE to hold harmless and indemnify MJCKC Entities from any and all liability for any damage or injury to the property or person of any third party resulting in my involvement in or presence during any of the activities of MJCKC.
I ACKNOWLEDGE that MJCKC, in obtaining this waiver from me, is doing so for MJCKC Entities. This agreement shall be effective and binding upon my heirs, next of kin, executors, administrators, and assigns in the event of my death or incapacity.
In entering into this Agreement, I am not relying upon any oral or written representations or statements made by MJCKC Entities other than those which are set forth in this Agreement.
BY MY SIGNATURE, I CONFIRM THAT I HAVE READ AND UNDERSTAND THIS AGREEMENT AND I AM AWARE THAT BY THIS AGREEMENT I AM WAIVING CERTAIN LEGAL RIGHTS WHICH I OR MY HEIRS, NEXT OF KIN, EXECUTORS, ADMINISTRATORS, AND ASSIGNS MAY HAVE AGAINST THE RELEASEES.
