RIVER CLEAN UP GENERAL RISK RELEASE FORM
Acknowledgment And Assumption Of Risks & Release And Indemnity Agreement
INTRODUCTION
Please read this entire Acknowledgment and Assumption of Risks & Release and Indemnity Agreement (hereafter 'Document') carefully before virtually signing. All participants 12 years of age and older must sign this document. For participants under 18 years of age (hereafter sometimes 'minor' or 'child'), a parent or legal guardian (hereafter collectively 'parent/s') must also sign. Parent may print the name (instead of a signature) for those participants under 12 yrs. of age. In consideration of the opportunity to participate and take advantage of the services of Canal Life and its officers, directors, employees, representatives, agents, volunteers, independent contractors and all other persons or entities associated with it (collectively referred to in this Document as ‘Canal Life’), I (participant and/or parent/s of a minor participant) acknowledge and agree as follows:
ACKNOWLEDGMENT AND ASSUMPTION OF RISKS
Canal Life River Clean Up on or off the river (which may be supervised or unsupervised), may include, but are not limited to: motor boating; canoeing; kayaking; hiking; picking up trash; lifting heavy objects and using hand tools, (collectively referred to in this Document as 'activities'). I acknowledge that the inherent and other risks, hazards and dangers of these activities can cause injury, property damage, illness, mental or emotional trauma, paralysis, disability or death to participant or others. Some, but not all of these risks include travel in wilderness terrain; unpredictable and hazardous ground, water or weather conditions, including uneven terrain and extreme air or water temperatures; exposure to burns or sunburns; misjudgments made by Canal Life staff, contractors or others; close and unpredictable contact with wildlife; allergic reactions to or injury from plants or stinging, venomous or disease carrying animals or insects; the potential that the participant or others (e.g. co-participant, driver, medical or rescue personnel) may act carelessly or recklessly; personal health risks (disclosed or undisclosed, known or unknown) and equipment that can be misused or can fail or malfunction. I understand that Canal Life staff members or contractors cannot assure my safety or eliminate all of these risks. During both supervised and unsupervised activities, all participants share in the responsibility for their own safety and agree to follow all Canal Life rules and policies. I as a Participant is voluntarily participating with knowledge of the risks. Therefore, participant (and parent/s of minors) assumes and accepts full responsibility for the inherent and other risks (both known and unknown) of these activities and for any injury, damage, death or other loss suffered by participant (and parent/s of minors) resulting from those risks and/or resulting from participant's negligence or other misconduct.
RELEASE AND INDEMNITY AGREEMENT
Please read carefully. This Release and Indemnity Agreement contains a surrender of certain legal rights. Certain public land agencies (including the Department of Conservation, Department of Natural Resources, U.S. Corps of Engineers, and U.S. Fish & Wildlife Service and City Governments) restrict service providers, including Canal Life, from seeking releases of liability for negligence, for injuries or other losses occurring while operating under permit on those public lands. Therefore, except to the extent a court determines these federal restrictions are enforceable against Canal Life as a matter of law, I (parent for themselves and for and on behalf of their participating minor child) agree as follows: 1) to release and agree not to sue Canal Life with respect to any and all claims, liabilities, suits or expenses (including attorneys’ fees and costs) (hereafter collectively 'claim' or 'claim/s') for any injury, damage, death or other loss in any way connected with my participation in these activities or use of Canal Life’s equipment, facilities or premises. I understand that in signing this Document, I, and anyone acting on my behalf, surrender all rights to make a claim against Canal Life as reimbursement or payment) Canal Life with respect to any and all claim/s brought by or on behalf of me, my spouse or other family member, my heirs, executors, representatives, or assignees, or a co-participant or any other person for any injury, damage, death or other loss in any way connected with my participation in these activities or use of Canal Life equipment, facilities or premises. This Release and Indemnity Agreement includes claim/s resulting from Canal Life’s negligence (but not its willful or wanton misconduct), and includes claim/s for personal injury or wrongful death (including claim/s related to emergency or medical response, assessment or treatment), property damage, breach of contract or any other claim.
CONCLUSION
I agree that Ohio substantive law (without regard to its 'conflict of laws' rules) governs this Document, any dispute I have with Canal Life and all other aspects of my relationship with Canal Life and that any mediation, suit or other proceeding must be filed or entered into only in Stark County, Ohio. I agree to attempt to settle any dispute (that cannot be settled by discussion) through mediation before a mutually acceptable Ohio mediator. I authorize Canal Life staff, representatives, contractors or other medical personnel to obtain or provide medical care for me as a participant, to transport me as a participant to a medical facility and to provide treatment considered necessary for my health. I agree to pay all costs associated with that care and transportation. I agree to the release (to or by Canal Life) of any medical records necessary for treatment, referral, billing or insurance purposes. I authorize Canal Life to use my photo or image in any manner for advertising, display, audiovisual, electronic or other use. This Document is intended to be interpreted and enforced to the fullest extent allowed by law. If any portion of this Document is deemed unlawful or unenforceable it shall not affect the remaining provisions, and those remaining provisions shall continue in full force and effect.
I affirm and acknowledge that I have carefully read and understand the River Clean-up General Risk Release and acknowledge that it shall be effective and binding upon me, my minor children, spouse and other family members and my heirs, executors, representatives and estate. Risk Release forms will be available online and acknowledged during online registration. By electronically signing I affirm and acknowledge that I have read and understand the Risk Release Form.