DO NOT PRINT OUT WAIVER - ONE WAIVER PER PARTICIPANT
Buffalo Riverworks LLC and Ganson Entertainment LLC Release of Liability and Assumption of Risk Agreement
PARTICIPANT, RELEASEES, FACILITY, and HEALTH REPRESENTATION. I have voluntarily elected to participate in activities including, but not limited to, any combination of the following; ICE HOCKEY, ICE SKATING, CURLING, ROLLER SKATING, AXE OR HATCHET THROWING, TEAMBUILDING, ROPES COURSES, ZIPLINES, CLIMBING WALLS, KAYAKS, KAYAK TOURS, WATERSPORT INSTRUCTION, STAND UP PADDLEBOARDS, HYDRO BIKES, and/or FREE FALLS (hereafter referred to collectively as the “activities,”) at 359 Ganson St., Buffalo, NY 14203 (the “facility”) operated by Buffalo Riverworks LLC, Ganson Entertainment LLC, Buffalo Paddleworks, the staff, trainers, instructors, agents, owners, officers, managers, shareholders, affiliates, volunteers, and employees of each (“Releasees”). I understand that I must be in good health and in proper physical condition to participate and that I should not participate in the activities if I have any question about whether I am in good health or in proper physical condition. In consideration of my use of the facility, equipment, and other services at the facility or any other location within New York, I, for myself and my hers, assigns, personal representatives, and next of kin, represent, agree, and acknowledge as follows:
A. RELEASE, HOLD HARMLESS, and INDEMNIFICATION. This agreement is intended to release from liability the Releasees and to provide other legal protections to Releasees. I fully understand that the activities involve risks of serious bodily injury, including permanent disability, emotional injury, paralysis, and death, which may be caused by my own actions or inactions, the actions or inactions of other participants and Releasees, and the conditions in which the activity takes place. I hereby release and waiver Releasees from all liability, claims, demands, losses, or damages caused by or alleged to be caused in whole or in part by Releasees. I release, indemnify, and hold harmless Releasees from any and all claims, demands, losses, costs, damages, or other liability arising out of or in any way related to the activities and associated use of rental equipment, including but not limited to, kayaks, water bikes, surfset, yoga on paddleboards, paddlefit, paddleboards, hiking, camping, tours, and/or related events and activities, including without limitation any injury, disability, or death I may suffer, or loss or damage to person or property. If, despite this agreement, I, or anyone on my behalf, makes a claim against any of the Releasees, I will indemnify, save, and hold harmless each of the Releasees from any loss, liability, damage, or cost which may incur as the result of such claim, including the repayment of Releasees’ costs and attorney fees.
B. VOLUNTARY ASSUMPTION OF RISK. I understand that there are obvious and known risks of the activities and that there are also risks that are not readily foreseeable. I am voluntarily participating in the activities anyway. I understand that the risks of the activities cannot be eliminated without jeopardizing the essential qualities of the activities which I understand are for recreational purposes and that my participation is completely voluntary. The activities involve risks including, but not limited to, slips trips, and falls from heights, dangerous weather, overexertion, overheating, equipment failures, and contract with other participants. Activities on or around water involve additional risks including, but not limited to, unpredictable river currents, hypothermia, aggressive wildlife, drowning, and negligence of others. As a consequence of these risks, I may suffer cuts, scrapes, bruises, the transmission of disease, allergic reactions, sprains, fractures, concussion, paralysis, disfigurement, and even death. I fully accept and assume all such risks and all responsibility for injuries, losses, costs, and damages I incur as a result of my participation in the activities. I also understand that qualified medical care and emergency medical evacuation may be limited or unavailable during portions of the activities and I will have to pay for any medical care and/or evacuation that I incur.
C. SAFETY IS PARTICIPANT’S RESPONSIBILITY. Releasees shall not be responsible for supervision. If I come to believe the conditions of any activity to be unsafe, I will immediately discontinue participation in the activities. I agree to follow the rules of each activity and to follow directions given to me by the leaders of such activities including the use of all protective gear that I am provided and instructed to use. While leaders may provide direction, it is not feasible for monitoring of the activities and all participants at all times simultaneously. Releasees and their staff seek safety, but are not infallible. Despite diligent efforts and attention, facilities, gear, and equipment fail. I voluntarily assume all corresponding risks.
D. PHOTO/VIDEO/SOCIAL MEDIA WIAVER. I acknowledge that all areas of the facility are under video surveillance, and I acknowledge that video and/or photographs may be taken during my participation in the activities. These photos and videos may be used in Releasee’s marketing campaigns. I authorize the collection of photographs and video for use in such marketing campaigns as Releasees see fit.
ACKNOWLEDGEMENT. I have read and understand the above terms, and acknowledge that I have given up substantial rights by signing below, which I have done freely and without any inducement or assurance of any nature. I intend for this agreement to be a complete and unconditional release of all liability to the greatest extent allowed by law and agree that if any portion of this agreement is held to be invalid, the balance, notwithstanding, shall continue in full force and effect. By signing below I certify that all personal information is correct and that I have been forthcoming about any physical conditions prior to my participation including but not limited to pregnancy, recent surgeries, alcohol consumption, drug use, or any disabilities which may require special attention or equipment. Releasees reserve the right to deny me access to any of the activities at any time.
Electronic Signature and Acknowledgement
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