• Customized Guided Kayaking Tours on Lake Superior     From the Apostle Islands to the Porcupine Mountains

150 150 Josh Clark

I understand that there are certain risks associated with my participation in the above activity, which involves sea or river kayaking. These risks cannot be eliminated without destroying the unique character of the above activity. These risks include the possibility of serious and in some cases permanent bodily injury and death. Whitecap Kayak wants me to understand that there are risks that I may injure myself from my participation in the above activity, including my capsizing and drowning or injuring myself on a submerged object or another boat, cold and heat related injuries and illnesses including rapid and serious loss of body temperature (called hypothermia), heat exhaustion, heat cramps, sunstroke, dehydration and sun burn. Kayaks can be unstable, particularly to a beginning student, and the risk of capsize is greatly increased for the beginner. I can be improperly dressed for immersion in cold water, in which event I could become hypothermic. I could slip or fall getting in or out of a boat, collide with another boat, or lose my sense of balance, coordination or ability to swim. I could strike a rock, or be entrapped by rocks or tree branches & other hazards. The activity takes place outside, where there may be adverse weather, including lightening, contact with hazardous terrestrial or marine plants or animals and unavailability or timely first aid or emergency treatment. There are other risks to being on the shore or campsite. I could slip and fall or something could fall on me, or become injured or ill in some other way. I realize this list does not include all of the risks associated with the above activities.

WAIVER OF LIABILITY.  I HEARBY WAIVE ALL CLAIMS OF ANY NATURE I MAY HAVE AGAINST WHITECAP KAYAK FOR ANY LOSS, DAMAGE OR EXPENSE I SUSTAIN OR INCUR, INCLUDING THOSE RELATED TO MY PERSONAL INJURY OR DEATH, RESULTING FROM MY PARTICIPATION IN THE ABOVE ACTIVITY AND CAUSED BY THE NEGLIGENT CONDUCT OF WHITECAP KAYAK.  I AM NOT WAIVING CLAIMS FOR INTENTIONAL OR RECKLESS OR OTHER CONDUCT OF WHITECAP KAYAK.

ASSUMPTION OF RISK.  I ASSUME AND ACCEPT FULL RESPONSIBILITY FOR LOSS, DAMAGE OR EXPENSE I MAY SUSTAIN OR INCUR, INCLUDING THOSE RELATED TO MY PERSONAL INJURY OR DEATH, RESULTING FROM MY PARTICIPATION IN THE ABOVE ACTIVITY AND CAUSED BY WHITECAP KAYAK NEGLIGENCE.

INDEMNIFICATION.  I HEREY INDEMNIFY AND AGREE TO HOLD HARMLESS WHITECAP KAYAK FROM ANY LOSS, DAMAGE OR EXPENSE, INCLUDING REASONABLE ATTORNEY’S FEES, FOR ANY CLAIMS MADE AGAINST WHITECAP KAYAK BY ANY THIRD PARTY FOR MY PERSONAL INJURY OR DEATH CAUSED BY WHITECAP KAYAK NEGLIGENCE.

I give Whitecap Kayak permission to appropriately use photos or videos of myself in promotional material such as their web-site, brochures, slide shows or educational demonstrations.

The provisions of this document are binding upon me and my heirs and personal representatives. If the above participant is a minor, the minor’s parent or legal guardian must sign this document and the parent or legal guardian certifies that he or she has read and understands this document.