Fill and Sign the Waiver Release Liability Kayak Form

Waiver and Release of Liability Regarding Kayak Fishing Tour Agreement made on the _____________________ (date) , between _____________________________ (Name of Participant) of __________________________ _____________________________________ (street address, city, county, state, zip code) , referred to herein as (Participant) , and ___________________________ (Name of Sponsor) , a corporation organized and existing under the laws of the state of _________________, with its principal office located at _____________________________________________________ ______________________ (street address, city, county, state, zip code) , referred to herein as Sponsor . Whereas, Sponsor is sponsoring a Kayak Fishing Tour (the Tour ) beginning _________ _________________________________ (date and time) and ending ____________________ __________________ (date and time) ; and Whereas, all potential participants are required to signed this waiver and release in order to be allowed by Sponsor to take part in said Tour ; Now, therefore, for and in consideration of being allowed to participate in said Tour and the mutual covenants contained in this Agreement, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Acknowledgement of Risks and Responsibilities The undersigned Participant is aware that participating in the Tour will entail risks of injury or death and further understands that a description of these risks may not be complete in this Agreement and that unknown, unanticipated risks may result in injury, illness or death. Participation by the undersigned in Tour is purely voluntary and I have elected to participate in spite of the risks. No one unduly influence me or is forcing me to participate in the Tour or sign this Waiver and Release. 2. The undersigned Participant verifies that I am physically fit, not under the influence of alcohol or drugs and sufficiently qualified and capable to participate in the Tour. Therefore, the undersigned assumes full responsibility for bodily injury, accidents, illness, death, loss of personal property and expenses as a result of any accident which may occur. 3. Release of Liability The undersigned Participant agrees further t hat Sponsor and each of its officers, agents, employees and volunteers, their insurers and each and every land owner, municipal and/or governmental agency upon whose property the Tour is conducted, is released from all liability to me and I waive any claim for damage arising from any cause whatsoever, including but not limited to, the negligence of the released parties, whether passive or active. 4. Kayaking The undersigned Participant has been told to stay clear of all caves, the cove, and any rocky shoreline when kayaking. I have also been told that I may not surf the kayak in any swim zone, boat launch or in within _________ feet of hotels. 5. I HAVE READ THE FOREGOING W AIVER AND RELEASE OF LIABILITY AND I UNDERSTAND THAT BY SIGNING THIS DOCUMENT, I AM WAIVING VALUABLE LEGAL RIGHTS. 6. This Waiver and Release contains the entire agreement between the parties, and supersedes any prior written or oral agreements between them concerning the subject matter of this Waiver and Release. 7. The provision of this Waiver and Release will continue in full force and effect even after the termination of the Tour, whether by agreement, by operation of law, or otherwise. 8. Regardless of the situation or circumstances giving rise to a claim, I waive any right to seek consequential, punitive or exemplary damages against Sponsor, its owners, officers, directors, affiliates, agents, contractors, subcontractors and employees, for any reason whatsoever. 9. I agree to indemnify Sponsor, owners, officers, directors, affiliates, agents, contractors, subcontractors and employees, from any and all liability to the fullest extent allowed by law for personal injury, property damage or wrongful death which I might suffer during my participation in the Tour 10. I agree that if any term set forth in this document is found to be unenforceable, all other terms set forth in this document are severable from the terms that are invalidated. 11. Governing Law This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of _______________. 12. Notices Any notice provided for or concerning this Agreement shall be in writing and shall be deemed sufficiently given when sent by certified or registered mail if sent to the respective address of each party as set forth at the beginning of this Agreement. 13. Mandatory Arbitration Any dispute under this Agreement shall be required to be resolved by binding arbitration of the parties hereto. If the parties cannot agree on an arbitrator, each party shall select one arbitrator and both arbitrators shall then select a third. The third arbitrator so selected shall arbitrate said dispute. The arbitration shall be governed by the rules of the American Arbitration Association then in force and effect. 14. Entire Agreement This Agreement shall not be binding upon either party except to the extent incorporated in this Agreement. 15. Modification of Agreement Any modification of this Agreement or additional obligation assumed by either party in connection with this Agreement shall be binding only if placed in writing and signed by each party or an authorized representative of each party. 16. Assignment of Rights The rights of each party under this Agreement are personal to that party and may not be assigned or transferred to any other person, firm, corporation, or other entity without the prior, express, and written consent of the other party. WITNESS our signatures as of the day and date first above stated. ________________________________ (Name of Sponsor) _____________________________ By: _______________________________ (P rinted name) (P rinted name & Office in Corporation) _____________________________ ____________________________ (Signature of Participant) (Signature of Officer)