R9, 2023-08-21

NOTE: Cumberland Kayak does not accept paper waivers, please submit electronically.

Cumberland Kayak & Adventure Company
WAIVER AND RELEASE OF LIABILITY

READ CAREFULLY
In consideration of being allowed to participate in any activities offered by Cumberland Kayak Urban Adventure Company, LLC (dba Cumberland Kayak & Adventure Company) (“Company”) (including, as applicable, kayaking, hiking, paddleboarding, rock climbing, rappelling, wading, swimming, other recreational activities and events, including races and triathlons, along with transportation to and from the site of the activities) (collectively, the “Activities”), I the undersigned acknowledge and agree that:

  1. Risks and dangers exist in my participation in the Activities.
  2. The risk of injury from the Activities is significant, including the potential for permanent injury, paralysis or death.
  3. I knowingly and freely assume all such risks, both known and unknown, even if arising from the negligence of Company or others, and assume full responsibility for all such risks.
  4. I represent and warrant to Company that I am in good health and physically able to safely participate in the Activities.
  5. I consent to receive medical treatment deemed necessary if I am injured or require medical attention during my participation in the Activities. I understand and agree that I am solely responsible for all costs related to such medical treatment and any related medical transportation and/or evacuation.
  6. I willingly agree to comply with the terms and conditions for participation, including all Company and governmental guidelines. If I observe any unusually significant hazard during my participation and in my presence, I will safely remove myself from participation and bring attention of the hazard to the nearest Company representative or other official immediately.
  7. I am responsible for paying attention to all orientation information and instructions provided by Company in connection with the Activities. I will comply with such instructions.
  8. I acknowledge that Company or its representatives may take photos and/or videos of the Activities and that to the extent I appear in any such photos or videos I agree that Company may use such photos and videos for promotional or any other lawful purposes and that I will not be entitled to any compensation in connection with such promotional or other lawful uses of any such photos or videos.
  9. I, FOR MYSELF AND ON BEHALF OF MY HEIRS, PERSONAL REPRESENTATIVES, NEXT OF KIN, AND INSURERS HEREBY RELEASE, INDEMNIFY AND HOLD HARMLESS COMPANY, ITS OWNERS, OFFICERS, AGENTS, EMPLOYEES, INDEPENDENT CONTRACTORS, OTHER PARTICIPANTS, SPONSORS, ADVERTISERS AND IF APPLICABLE, OWNERS AND LESSORS OF PREMISES USED TO CONDUCT THE ACTIVITIES (COLLECTIVELY, “RELEASEES”), FROM ANY AND ALL CLAIMS, DEMANDS, LOSSES AND LIABILITY (COLLECTIVELY, “CLAIMS”) ARISING OUT OF OR RELATED TO ANY INJURY, DISABILITY, ILLNESS, OR LOSS OF LIFE, OR LOSS OR DAMAGE OF PERSONAL PROPERTY, WHETHER ARISING FROM THE NEGLIGENCE OF COMPANY, ANY OTHER RELEASEE, OR OTHERWISE, TO THE FULLEST EXTENT PERMITTED BY LAW. I COVENANT NOT TO MAKE OR BRING ANY CLAIM AGAINST COMPANY OR ANY OTHER RELEASEE, AND FOREVER RELEASE AND DISCHARGE COMPANY AND ALL OTHER RELEASEES FROM LIABILITY UNDER SUCH CLAIMS.

SPONSORED ACTIVITIES: If the Activity is sponsored in whole or in part by one or more third parties, then references herein to “Company” also extend to such third parties and such third parties are intended beneficiaries of and are covered by the releases given herein.

EQUIPMENT: Lessee agrees to return all equipment to Cumberland Kayak Urban Adventure Company, LLC (dba Cumberland Kayak & Adventure Company) (“Company”) in the same condition as received except for normal wear and tear incurred through normal use, or must pay for damage, losses, theft or the repair necessary to restore them to the same condition as when rented. Lessee agrees to the rental time limit set forth by Company. Lessee acknowledges and agrees to pay a late fee at a rate of $50.00 per hour ($50 minimum) if any equipment is not timely returned.

Fees for Damage, Loss, or Theft of Equipment:

  • Kayak: $600
  • Life Jackets: $75
  • Paddles: $75
  • Other Equipment: Fee equal to cost of replacement

Please select who will be participating:

First Minor's Information

For Parents or Guardians of Participant of Minor Age (under age 18 at time of registration)

THIS IS TO CERTIFY THAT I, AS PARENT OR GUARDIAN WITH LEGAL RESPONSIBILITY FOR THE PARTICIPANT IDENTIFIED ABOVE, DO CONSENT AND AGREE TO THE ABOVE NAMED PARTICIPANT’S PARTICIPATION IN THE ACTIVITIES AND THIS RELEASE AS PROVIDED ABOVE, AND FOR MYSELF, THE PARTICIPANT, AND OUR RESPECTIVE HEIRS, NEXT OF KIN, AND INSURERS, I RELEASE AND AGREE TO INDEMNIFY AND HOLD HARMLESS COMPANY AND EACH OTHER RELEASEE AS DEFINED ABOVE, FROM ANY AND ALL CLAIMS AS DEFINED ABOVE ARISING OUT OF OR RELATED TO ANY INJURY, DISABILITY, ILLNESS, OR LOSS OF LIFE, OR LOSS OR DAMAGE OF PERSONAL PROPERTY, ARISING OUT OF OR IN CONNECTION WITH THE ABOVE PARTICIPANT’S PARTICIPATION IN THE ACTIVITIES, WHETHER ARISING FROM THE NEGLIGENCE OF COMPANY, ANY OTHER RELEASEE, OR OTHERWISE, TO THE FULLEST EXTENT PERMITTED BY LAW. I COVENANT NOT TO MAKE OR BRING (WHETHER IN MY OWN NAME OR IN THE NAME OF THE PARTICIPANT OR ANY OTHER PARTY) ANY CLAIM AGAINST COMPANY OR ANY OTHER RELEASEE, AND FOREVER RELEASE AND DISCHARGE COMPANY AND ALL OTHER RELEASEES FROM LIABILITY UNDER SUCH CLAIMS.

Click to Sign
Minor's Signature

Second Minor's Information

For Parents or Guardians of Participant of Minor Age (under age 18 at time of registration)

THIS IS TO CERTIFY THAT I, AS PARENT OR GUARDIAN WITH LEGAL RESPONSIBILITY FOR THE PARTICIPANT IDENTIFIED ABOVE, DO CONSENT AND AGREE TO THE ABOVE NAMED PARTICIPANT’S PARTICIPATION IN THE ACTIVITIES AND THIS RELEASE AS PROVIDED ABOVE, AND FOR MYSELF, THE PARTICIPANT, AND OUR RESPECTIVE HEIRS, NEXT OF KIN, AND INSURERS, I RELEASE AND AGREE TO INDEMNIFY AND HOLD HARMLESS COMPANY AND EACH OTHER RELEASEE AS DEFINED ABOVE, FROM ANY AND ALL CLAIMS AS DEFINED ABOVE ARISING OUT OF OR RELATED TO ANY INJURY, DISABILITY, ILLNESS, OR LOSS OF LIFE, OR LOSS OR DAMAGE OF PERSONAL PROPERTY, ARISING OUT OF OR IN CONNECTION WITH THE ABOVE PARTICIPANT’S PARTICIPATION IN THE ACTIVITIES, WHETHER ARISING FROM THE NEGLIGENCE OF COMPANY, ANY OTHER RELEASEE, OR OTHERWISE, TO THE FULLEST EXTENT PERMITTED BY LAW. I COVENANT NOT TO MAKE OR BRING (WHETHER IN MY OWN NAME OR IN THE NAME OF THE PARTICIPANT OR ANY OTHER PARTY) ANY CLAIM AGAINST COMPANY OR ANY OTHER RELEASEE, AND FOREVER RELEASE AND DISCHARGE COMPANY AND ALL OTHER RELEASEES FROM LIABILITY UNDER SUCH CLAIMS.

Click to Sign
Minor's Signature

Third Minor's Information

For Parents or Guardians of Participant of Minor Age (under age 18 at time of registration)

THIS IS TO CERTIFY THAT I, AS PARENT OR GUARDIAN WITH LEGAL RESPONSIBILITY FOR THE PARTICIPANT IDENTIFIED ABOVE, DO CONSENT AND AGREE TO THE ABOVE NAMED PARTICIPANT’S PARTICIPATION IN THE ACTIVITIES AND THIS RELEASE AS PROVIDED ABOVE, AND FOR MYSELF, THE PARTICIPANT, AND OUR RESPECTIVE HEIRS, NEXT OF KIN, AND INSURERS, I RELEASE AND AGREE TO INDEMNIFY AND HOLD HARMLESS COMPANY AND EACH OTHER RELEASEE AS DEFINED ABOVE, FROM ANY AND ALL CLAIMS AS DEFINED ABOVE ARISING OUT OF OR RELATED TO ANY INJURY, DISABILITY, ILLNESS, OR LOSS OF LIFE, OR LOSS OR DAMAGE OF PERSONAL PROPERTY, ARISING OUT OF OR IN CONNECTION WITH THE ABOVE PARTICIPANT’S PARTICIPATION IN THE ACTIVITIES, WHETHER ARISING FROM THE NEGLIGENCE OF COMPANY, ANY OTHER RELEASEE, OR OTHERWISE, TO THE FULLEST EXTENT PERMITTED BY LAW. I COVENANT NOT TO MAKE OR BRING (WHETHER IN MY OWN NAME OR IN THE NAME OF THE PARTICIPANT OR ANY OTHER PARTY) ANY CLAIM AGAINST COMPANY OR ANY OTHER RELEASEE, AND FOREVER RELEASE AND DISCHARGE COMPANY AND ALL OTHER RELEASEES FROM LIABILITY UNDER SUCH CLAIMS.

Click to Sign
Minor's Signature

Fourth Minor's Information

For Parents or Guardians of Participant of Minor Age (under age 18 at time of registration)

THIS IS TO CERTIFY THAT I, AS PARENT OR GUARDIAN WITH LEGAL RESPONSIBILITY FOR THE PARTICIPANT IDENTIFIED ABOVE, DO CONSENT AND AGREE TO THE ABOVE NAMED PARTICIPANT’S PARTICIPATION IN THE ACTIVITIES AND THIS RELEASE AS PROVIDED ABOVE, AND FOR MYSELF, THE PARTICIPANT, AND OUR RESPECTIVE HEIRS, NEXT OF KIN, AND INSURERS, I RELEASE AND AGREE TO INDEMNIFY AND HOLD HARMLESS COMPANY AND EACH OTHER RELEASEE AS DEFINED ABOVE, FROM ANY AND ALL CLAIMS AS DEFINED ABOVE ARISING OUT OF OR RELATED TO ANY INJURY, DISABILITY, ILLNESS, OR LOSS OF LIFE, OR LOSS OR DAMAGE OF PERSONAL PROPERTY, ARISING OUT OF OR IN CONNECTION WITH THE ABOVE PARTICIPANT’S PARTICIPATION IN THE ACTIVITIES, WHETHER ARISING FROM THE NEGLIGENCE OF COMPANY, ANY OTHER RELEASEE, OR OTHERWISE, TO THE FULLEST EXTENT PERMITTED BY LAW. I COVENANT NOT TO MAKE OR BRING (WHETHER IN MY OWN NAME OR IN THE NAME OF THE PARTICIPANT OR ANY OTHER PARTY) ANY CLAIM AGAINST COMPANY OR ANY OTHER RELEASEE, AND FOREVER RELEASE AND DISCHARGE COMPANY AND ALL OTHER RELEASEES FROM LIABILITY UNDER SUCH CLAIMS.

Click to Sign
Minor's Signature

Fifth Minor's Information

For Parents or Guardians of Participant of Minor Age (under age 18 at time of registration)

THIS IS TO CERTIFY THAT I, AS PARENT OR GUARDIAN WITH LEGAL RESPONSIBILITY FOR THE PARTICIPANT IDENTIFIED ABOVE, DO CONSENT AND AGREE TO THE ABOVE NAMED PARTICIPANT’S PARTICIPATION IN THE ACTIVITIES AND THIS RELEASE AS PROVIDED ABOVE, AND FOR MYSELF, THE PARTICIPANT, AND OUR RESPECTIVE HEIRS, NEXT OF KIN, AND INSURERS, I RELEASE AND AGREE TO INDEMNIFY AND HOLD HARMLESS COMPANY AND EACH OTHER RELEASEE AS DEFINED ABOVE, FROM ANY AND ALL CLAIMS AS DEFINED ABOVE ARISING OUT OF OR RELATED TO ANY INJURY, DISABILITY, ILLNESS, OR LOSS OF LIFE, OR LOSS OR DAMAGE OF PERSONAL PROPERTY, ARISING OUT OF OR IN CONNECTION WITH THE ABOVE PARTICIPANT’S PARTICIPATION IN THE ACTIVITIES, WHETHER ARISING FROM THE NEGLIGENCE OF COMPANY, ANY OTHER RELEASEE, OR OTHERWISE, TO THE FULLEST EXTENT PERMITTED BY LAW. I COVENANT NOT TO MAKE OR BRING (WHETHER IN MY OWN NAME OR IN THE NAME OF THE PARTICIPANT OR ANY OTHER PARTY) ANY CLAIM AGAINST COMPANY OR ANY OTHER RELEASEE, AND FOREVER RELEASE AND DISCHARGE COMPANY AND ALL OTHER RELEASEES FROM LIABILITY UNDER SUCH CLAIMS.

Click to Sign
Minor's Signature

Sixth Minor's Information

For Parents or Guardians of Participant of Minor Age (under age 18 at time of registration)

THIS IS TO CERTIFY THAT I, AS PARENT OR GUARDIAN WITH LEGAL RESPONSIBILITY FOR THE PARTICIPANT IDENTIFIED ABOVE, DO CONSENT AND AGREE TO THE ABOVE NAMED PARTICIPANT’S PARTICIPATION IN THE ACTIVITIES AND THIS RELEASE AS PROVIDED ABOVE, AND FOR MYSELF, THE PARTICIPANT, AND OUR RESPECTIVE HEIRS, NEXT OF KIN, AND INSURERS, I RELEASE AND AGREE TO INDEMNIFY AND HOLD HARMLESS COMPANY AND EACH OTHER RELEASEE AS DEFINED ABOVE, FROM ANY AND ALL CLAIMS AS DEFINED ABOVE ARISING OUT OF OR RELATED TO ANY INJURY, DISABILITY, ILLNESS, OR LOSS OF LIFE, OR LOSS OR DAMAGE OF PERSONAL PROPERTY, ARISING OUT OF OR IN CONNECTION WITH THE ABOVE PARTICIPANT’S PARTICIPATION IN THE ACTIVITIES, WHETHER ARISING FROM THE NEGLIGENCE OF COMPANY, ANY OTHER RELEASEE, OR OTHERWISE, TO THE FULLEST EXTENT PERMITTED BY LAW. I COVENANT NOT TO MAKE OR BRING (WHETHER IN MY OWN NAME OR IN THE NAME OF THE PARTICIPANT OR ANY OTHER PARTY) ANY CLAIM AGAINST COMPANY OR ANY OTHER RELEASEE, AND FOREVER RELEASE AND DISCHARGE COMPANY AND ALL OTHER RELEASEES FROM LIABILITY UNDER SUCH CLAIMS.

Click to Sign
Minor's Signature

Participant's Address

Click to Sign
Signature

By checking here, you acknowledge you have read and understand the above terms, and are consenting to the use of your electronic signature in lieu of an original signature on paper.You have the right to request that you sign a paper copy instead.By checking here, you are waiving that right.After consent, you may, upon written request to us, obtain a paper copy of an electronic record.No fee will be charged for such copy and no special hardware or software is required to view it.Your agreement to use an electronic signature with us for any documents will continue until such time as you notify us in writing that you no longer wish to use an electronic signature.There is no penalty for withdrawing your consent.You should always make sure that we have a current email address in order to contact you regarding any changes, if necessary.