Participation Agreement Between River Dogz Inc. and the name below to Participate in the Paddle Boating and Kayaking Tour (“TOUR”)
A. Consent: I read and acknowledge the following:
(1) I agree to comply with operational and safety instructions of the River Dogz’s agents or representatives at all time. I understand that this is vitally important not only to ensure my own safety but that of the other participants. Therefore, I agree that the failure to comply with the instructions will result in the termination of my participation in the TOUR.
(2) I have been trained in the safe use River Dogz’s equipments to my complete satisfaction. I am encouraged to ask questions or communicate any concerns about my use of the equipements during or after the training.
(3) By signing this Participation Agreement, I unambiguously represent that I am in good health and in proper physical and mental condition to participate in the TOUR. It is my sole responsibility to determine whether I am sufficiently fit and healthy enough to participate in the TOUR. However, in the event that it becomes evident at any time to the River Dogz’s agent or representative that I am not sufficiently fit or health enough to continue my participation in the TOUR, my participation is terminated.
I understand that I will not receive any refunds in the event that my participation in the TOUR is terminated due to the reasons above.
B. Express Assumption of Risk
I affirm and acknowledge that I have been fully informed of the inherent harzards and risks associated with stand up paddling and real water sport activities to which I am about to engages, including but not limited to:
(1) Unpredictable change in current velocities and water level
(2) Collision with any of the following: (a) man-made or natural objects like objects, (b) shoreline or (c) Paddle boats or Kayaks.
(3) Wind shear; inclement weather, lightning variances and extremes of wind, weather and temperature.
(4) Capsizing, sinking or other harzard that may result in wetness, injury, exposure to the elements, hypothermia, impact of the body upon the water, injection of water into my body orifices, and/or drowning.
(5) Immediate health problems ranging from disorientation and hyperventilation, to heart attack caused by capsizing or falling overboard into cold water.
(6) Heat or sun-related injuries or jollnesses, incudling sunburn, sun storke or dehydration.
C. Release of Liability, Waiver of Claims and Indemnity Agreement
In consideration of being allowed to participate in the TOUR, as well as the use of the equipment, I agree to the following:
(1) I waive and hold harmless River Dogz Inc. from any and all claims based upon negligence, active or passive arising out of my participation in the TOUR. This includes but are not limited to River Dogz’s training, instruction, guiding and use of equipment or property during my participation in the TOUR.
(2) I hold harmless River Dogz Inc, its agents or representatives from liability for any claims or causes of action including but not limited to personal injury, property damage or wrongful death.
(3) I agree to defend, indemnify and hold harmless River Dogz Inc including the cost of legal costs and fees arising out of my negligent or intentional conduct.
By entering into this Participation Agreement, I am not relying on any oral or written representation or statements made by the releases, other than what is set forth in the Participation Agreement. I specifically waive any defense insofar as this contract is concerned that may arise as a result of any law, regulation or ordinance.
I am of legal age and am competent to sign this Participation Agreement.