WAIVER, RELEASE, AND INDEMNIFICATION AGREEMENT
Please read carefully before signing. This is a release of liability and waiver of specific rights.
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,
I agree to the following waiver and releases:
I acknowledge the activities described above have inherent risks, hazards, and dangers for any participant, including myself, 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, including Coronavirus/Covid-19.
I understand 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 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 that the activities I am 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. I clearly state that my participation in the activities described above is purely voluntary. I also state that no one is forcing me 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.
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 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 voluntary participation in these activities.
For 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 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 my use of the services, equipment or resources of ELKHORN OUTFITTERS LLC, or in connection with my participation with the activities of ELKHORN OUTFITTERS LLC.
I further state and acknowledge that I am 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.
I have carefully read and fully understand this waiver and release, and indemnification agreement. I have voluntarily signed this waiver and release, and indemnification agreement.
Equipment Check List
Elkhorn Outfitters LLC
This list constitutes an overview of the equipment provided by ELKHORN OUTFITTERS LLC to their customers and the values associated with each piece of equipment.
Each standard rental fee includes 1 inner tube, 1 personal floatation device (life jacket), and 2 ‘fasteners’ (2 carabiners attached by a 4ft length of rope). Failure to bring these pieces of equipment back in good condition will result in the following fees:
Cost of lost or damaged Inner Tube
Cost of lost or damaged personal floatation device
Cost of lost or damaged waterproof phone case (if available)
Cost of lost or damaged ‘fasteners’ (each)
I hereby declare that I have received, and will return, the above listed items or be subject to the aforementioned charges. I enter into this agreement of my own free will, and fully understanding the consequences.