MINOR WAIVER, RELEASE, AND INDEMNIFICATION AGREEMENT
Please read carefully before signing. This is a release of liability and waiver of specific rights of a Minor that will be known on the agreement at "THE RELEASED".
I am aware that the activities and/or supplies offered by ELKHORN OUTFITTERS LLC, including but not limited to, inner tubes, tanks, canoes, or any other floating devices, (the “Activities”) involve water and are inherently hazardous activities. I am granting permission for Minor Participant, THE RELEASED, (listed in below text box) to participate in the activities with knowledge of the danger involved and hereby agree to accept any and all risks of property damage, personal injury, illness (such as coronavirus/Covid-19) or death.
In consideration of the THE RELEASED's attendance in the activities, I, both individually and on behalf of THE RELEASED, are aware of the safety and use of the mandatory personal floatation devices, I hereby release and voluntarily waive any and all claims, both present and future, that may occur against ELKHORN OUTFITTERS LLC, and any of its members, managers, owners, agents, employees and volunteers, as a result of participants, including THE RELEASED, engaging in the activities or any activity relating to the activities including those claims caused by the negligence of the THE RELEASED.
I, both individually and on behalf of THE RELEASED, further agree not to sue, claim against, attach the property of, and prosecute THE RELEASED for any injury, loss, fines or tickets issued, or death caused by or resulting from the participants engaging in the activities, the removal of personal floatation devices while on the water, or any activity relating to the activities, whether or not such injury, loss, or death was caused by or resulted from the negligence of THE RELEASED or any other cause.
I, both individually and on behalf of THE RELEASED, also expressly agree to indemnify and hold harmless THE RELEASED and their heirs, successors, assigns, executors and administrators against loss from any future claims, liability, demands, costs, and expenses that may subsequently be brought by me or any other person or entity on account of damage, any injury, or death to THE RELEASED arising out of participation in the activities or any activity relating to the activities.
I understand that the activities involve certain risks, including but not limited to the removal of mandatory personal floatation devices while on the river, travel to and from the site of the activities, the possible reckless conduct of other participants, and the possibility of drowning. These risks also include, but are not limited to, fines or tickets issued, injury, serious injury, paralysis, or death, or damage to property.
I further understand that the activities may be conducted at sites that are remote from available medical assistance and nonetheless agree to allow THE RELEASED to proceed with such activities in spite of the possible absence of medical assistance. I also understand that any equipment provided for participant’s protection may be inadequate in preventing, injury, serious injury, paralysis, or death.
This release shall be legally binding on me, THE RELEASED, my estate, THE RELEASED’s heirs, assigns, legal guardians, and personal representatives.
I have carefully read the above and fully understand the contents of this Minor Release Form. I am aware that I am releasing legal rights that I may have, and enter into this contract of my own free will.
Furthermore, I am signing that I, the parent or court-appointed legal guardian, will accompany THE RELEASED to ensure that they follow all rules and laws regardless of renting from ELKHORN OUTFITTERS LLC. I am also in agreeance that any rentals from ELKHORN OUTFITTERS LLC were inspected and approved for use for myself and THE RELEASED prior to myself and THE RELEASED leaving the entry point.
Parent(s) or court-appointed legal guardian(s) must sign for any participating minor (those under 18 years of age) and agree that they and the minor are subject to all the terms of this document, as set forth above.
In addition to the above, I am signing this form on behalf of THE RELEASED in agreeance to the following:
In consideration for being permitted to participate in the activities of floating, operation of canoes, stand up paddle boards, kayaks, rafts, inner tubes, or any other floating devices or objects, swimming, wading, floating, or any other activities for which I am entering into a rental agreement with ELKHORN OUTFITTERS LLC on behalf of THE RELEASED,
I agree to the following waiver and releases on behalf of THE RELEASED:
I acknowledge, on behalf of THE RELEASED, that the activities described above have inherent risks, hazards, and dangers for any participant, including myself and THE RELEASED, and that these risks, hazards, and dangers can not be eliminated, particularly where such activities take place in an uncontrollable, natural and wilderness environment, such as a river.
I understand, on behalf of THE RELEASED, these risks, hazards, and dangers include, but are not limited to:
The removal of mandatory and provided personal floatation devices while on the water is dangerous and can result bodily injury or death. The risk of injury, serious injury, paralysis, or death, damage to property, damage to property from other persons, or damage to property from inclement weather conditions.
I understand, on behalf of THE RELEASED, that the risks, hazards and dangers associated with the activities described above and I have had the opportunity to fully consider these risks, hazards, and dangers. I understand, on behalf of THE RELEASED, that the activities that myself and THE RELEASED is about to participate in may require good physical conditioning and a degree of skill and knowledge necessary for me to engage in these activities in a safe manner. I understand that I alone am responsible to possess the physical conditioning and the skill and knowledge necessary to safely engage in these activities on behalf of THE RELEASED. I clearly state that my and THE RELEASED participation in the activities described above is purely voluntary. I also state that no one is forcing me or THE RELEASED to engage in these activities and that I alone have made the decision to participate in these activities with full knowledge and understanding of the risks and dangers associated with the activities on behalf of THE RELEASED.
I am voluntarily using the services, equipment, and resources of ELKHORN OUTFITTERS LLC with full knowledge of the inherent risks, hazards, and dangers involved in the activities I have chosen to pursue and on behalf of THE RELEASED; and I hereby assume and accept any and all risk of injury, serious injury, paralysis, death, damage to property, or trespassing or other legal charges for being on private property (such as sandbars which are ALL privately owned) which may occur as a result of my and THE RELEASED voluntary participation in these activities.
For THE RELEASED, myself, my heirs, successors, and executors, I hereby knowingly and intentionally waive and release, and agree to indemnify and hold harmless ELKHORN OUTFITTERS LLC, it’s members, managers, owners, agents, employees, and volunteers from and against any and all claims, actions, causes of action, liabilities, suits, expense (including reasonable attorney fees and court costs) which are related to, arise from or out of, or are in any way connected to my participation in the activities declared above including but not limited to, negligence of any kind or nature, whether foreseen or unforeseen. Arising directly or indirectly out of any damage, loss, injury, paralysis, or death to me or my property as a result of engaging in these activities or as a result of my use of services, equipment, or resources of ELKHORN OUTFITTERS LLC, whether such damage, loss injury, paralysis, or death results from the negligent acts or omissions of ELKHORN OUTFITTERS LLC, its members, managers, owners, agents, employees, or others acting on its behalf, or from some other cause. I, for THE RELEASED, myself, my heirs, successors, and executors, further agree not to sue or institute any legal action or claim against ELKHORN OUTFITTERS LLC, its members, managers, owners, agents, employees, or others acting on its behalf as a result of any injury, paralysis, or death suffered in connection with THE RELEASED or my use of the services, equipment or resources of ELKHORN OUTFITTERS LLC, or in connection with THE RELEASED and my participation with the activities of ELKHORN OUTFITTERS LLC.
I further state and acknowledge that I am the legal guardian of THE RELEASED and over the age of eighteen years, that I rely wholly upon my own judgment, without influence by anyone in making this Waiver, Release and Indemnification Agreement, and that no representatives or statements made by the agents of ELKHORN OUTFITTERS LLC, except as otherwise expressly stated herein, have influenced me in granting, signing and executing this Waiver, Release and Indemnification Agreement.