WAIVER, INDEMNIFICATION & RELEASE OF LIABILITY
IMPORTANT: THIS IS A LEGAL DOCUMENT
The Canton Kayak Club (“CKC”) considers safety its most important concern and as such mandates that all members take a basic training program taught by certified kayak instructors. In that class, the particular hazards of kayaking in the Baltimore Harbor are emphasized and the importance of staying near the shoreline, yielding to other boaters, how to safely cross the wake of other boaters, and the importance of staying out of the path of the water taxis are stressed. This training, however, does not cover all potential hazards, nor does such course serve as any representation or certification on behalf of CKC that you are fit or able to engage in this activity. Kayaking is not risk-free. Participation in any water sport exposes the participant to certain risks and dangers. Accidents and injuries resulting from weather conditions, other boaters, malfunctioning equipment, unseen obstacles, fatigue, and misjudgment are very real possibilities. Among other things, kayaks may turn over in rough or calm water causing prolonged exposure to cold water leading to hypothermia, injury, or death. Injuries may be sustained while in the water such as from items floating in the harbor. Drowning is always a possibility whenever you are around water. Hitting underwater objects may cause injury or death. Accidents may occur getting into or out of a kayak. Kayaks become slippery when wet. You might slip and fall when entering a kayak, in which case you might damage or lose the equipment you are carrying (such as cameras, glasses or other personal items). You might injure yourself by falling against some object in or around the kayak, or on the shore. In using a kayak, you will be totally responsible for your own movement and safety while in the harbor. This requires a high level of physical exertion as well as emotional and mental stability. This is not an exclusive or exhaustive list of the possible injuries, trauma, or accidents that may occur while kayaking. You are responsible for learning about and understanding the risks inherent in these activities, including risks and possible injuries not mentioned above. The undersigned recognizes that safe kayaking is ultimately his or her personal responsibility and that he or she is prepared to assume all risks associated with this activity. In consideration for participating in the CKC and using its kayaks, docks, and related equipment, I the undersigned, on my own behalf and on behalf of my personal representatives, heirs, assigns, and next of kin:
- Agree that I understand the inherent dangers of kayaking and assume all risks willingly.
- Agree to indemnify and hold harmless CKC, their agents, employees, corporate sponsors and those corporations that have allowed CKC to use their property for CKC operations, with or without compensation for such (collectively the “CKC Indemnified Parties”), from all claims , damages, losses, injuries and expenses arising out of or resulting from participating in the activities described herein. I further agree to release, acquit and covenant not to sue the CKC Indemnified Parties for all actions, causes of actions, claims or damages, damages in law or remedies in equity of whatever kind, including negligence by CKC Indemnified Parties arising out of my participation in the kayaking program, my use of CKC equipment or any other CKC sponsored activity. This release shall be binding upon my family, assigns, heirs and administrators. Moreover, if the CKC Indemnified Parties are forced to defend any action, lawsuit or litigation by myself, my executors, or my heirs, on my family’s or my behalf, I agree to pay the CKC Indemnified Parties’ costs and attorney’s fees if they successfully defend such action, lawsuit or litigation.
- Agree to wear a safety life vest at all times, to yield to all other boats and watercraft, and to otherwise practice common sense water safety procedures. I further agree to limit my use of the kayaks to daylight hours and take responsibility for listening to the weather report and staying out of the water when small craft advisories are in effect or thunderstorms are predicted. I understand that use of alcohol and/or drugs is strictly prohibited while, and prior to, using the kayaks.
- Agree that I will not allow anyone to use CKC kayaks and equipment that is not currently a member in good standing of the CKC. I know that, in the interest of safety, CKC requires all Club participants to complete a basic skills training and water safety course before certifying them as members in good standing. I understand that anyone using CKC equipment who is not a member in good standing is doing so against the express directions of the CKC, its Board, member organizations, sponsors, and those corporations which have allowed CKC to use their property for CKC operations. I further understand that my membership can be revoked if I allow the use of CKC kayaks by unauthorized persons.
- Certify that I have no known health conditions that would affect my ability to kayak safely, including but not limited to visual or auditory impairments or medications that impairs function, or other disabling conditions.
- I agree that I will abide by all club rules and procedures, which are posted on the club website ( www.cantonkayakclub.com ). I understand that club rules are subject to change without notice. I furthermore understand that my membership can be revoked for any violation of club rules.