LONG ISLAND KAYAK EXPERIENCE, INC. DBA JK KAYAK
READ CAREFULLY – WAIVER AND RELEASE OF LIABILITY
In consideration of JK KAYAK furnishing services and/or equipment to enable me to participate in JK KAYAK, I agree as follows:
I fully understand and acknowledge that outdoor recreation activities have: (a) Inherent risks, dangers and hazards and such exists in my use of JK KAYAK equipment and my participation in JK KAYAK activities; (b) my participation in such activities and/or use of such equipment may result in injury or illness including, but not limited to bodily injury, disability, strains, fractures, partial and/or total paralysis, death or other ailments that could cause serious disability; (c) these risks and dangers may be caused by the negligence of the owners, employees, officers, or agents of JK KAYAK, the negligence of the participants, the negligence of others, accidents, breaches of contract, the forces of nature or other causes. Risks and dangers may arise from foreseeable or unforeseeable causes, including, but not limited to, guide decision making, including that a guide may misjudge terrain, weather, trail, or river route location, and water level, risks of falling out of or drowning while in a raft, canoe, or kayak and such other risks, hazards and dangers that are integral to recreational activities and/or use of equipment, I hereby assume all risks and dangers and all responsibility for any losses and/or dangers, whether caused in whole or in part by the negligence or other conduct of the owners, agents, officers, or employees of JK KAYAK, or by any other person.
I, on behalf of myself, my personal representatives and my heirs hereby voluntarily agree to release, waive, discharge, hold harmless, defend and indemnify JK KAYAK and its owners, agents, officers and employees from any and all claims, actions and loses for bodily injury, property damage, wrongful death, loss of services or otherwise which may arise out of my use of JK KAYAK equipment or my participation in JK KAYAK activities. I specifically understand that I am releasing, discharging and waiving any claims or actions that I may have presently or in the future for the negligent acts or other conduct by the owners, agents, officers or employees of JK KAYAK.
The Venue of any dispute that may arise out of this agreement or otherwise between the parties to which JK KAYAK or its agents is a party shall be either the Town of Islip, New York Justice Court or the County or State Supreme Court in Suffolk County justice court of the County or State Supreme Court in SUFFOLK County.
I HAVE READ THE ABOVE WAIVER AND RELEASE AND BY SIGNING IT AGREE. IT IS MY INTENTION TO EXEMPT AND RELIEVE JK KAYAK FROM LIABILITY FOR PERSONAL INJURY, PROPERTY DAMAGE OR WRONGFUL DEATH CAUSED BY NEGLIGENCE OR ANY OTHER CAUSES.
NAME (Printed) Signature Date Age
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PARENT’S OR GUARDIAN’S ADDITIONAL INDEMNIFICATION ( Must be completed for participants under the age of 18 )
In consideration ___________________________ (print minor’s name) being permitted by JK KAYAK to participate in its activities and to use its affiliates’ equipment, I further agree to indemnify and hold harmless JK KAYAK from any and all claims which are brought by, or on behalf of minor , and which are in any way connected with such use or participation by Minor.
Signature of Parent or Guardian Print Name Date
I understand that any photograph taken of me and/or minor children by JK KAYAK agents may become the property of JK KAYAK and I hereby authorize use of such photos for brochures, slideshows and other promotional materials.