RELEASE OF LIABILITY - READ BEFORE
SIGNING
I,_________________________________________________________________________________________________,the undersigned,
in consideration of being allowed to
participate in any way at Lake Oswego, and
any related events and activities, acknowledges, appreciates, and
agrees that:
1. The risk of injury from the activities involved at this lake or any
body or water is significant, including the potential for permanent
paralysis and death, and while particular skills, equipment, and
personal discipline may reduce this risk, the risk of serious injury
does exist. The same elements that contribute to the unique character
of activity can be causes of loss or damage to equipment, accidental
injury to participants, illness, or in extreme cases, permanent injury
or death; and,
I acknowledge that canoing and kayaking on rivers, coastal waters, and
lakes entails known and unanticipated risks which could result in
physical or emotional injury, paralysis, death, or damage to myself, to
property, or to third parties. I understand that such risks simply
cannot be eliminated without jeopardizing the essential qualities of
the activity. Whitewater rapids, wave/wind action, tidal currents, or
fog may be encountered. Canoes and kayaks can capsize and/or fill with
water; one may be washed out of the boat. You can slip or fall during a
hike resulting in damage to equipment or personal injury. Accidents can
occur getting in and out of canoes and kayaks. Canoes and kayaks are
slippery when wet. Exposure to the natural elements can be
uncomfortable and/or harmful. You should be aware that this exposure
could cause sunburn, dehydration, heat exhaustion, heat stroke, and
heat cramps. Also prolonged exposure to cold water can result in
hypothermia and in extreme cases death. Accidental drowning is also a
possibility. I understand that the use and proper wearing of a personal
flotation device at all times is strongly recommended; and,
2. I understand and acknowledge the above list is not complete or
exhaustive, and that other risks, known or unknown, identifies or
unidentified, anticipated or unanticipated may also result in bodily
injury, death, illness, or damage to myself, to my property or to
others. I expressly accept those risks not specifically listed above as
well. My participation in and at Lake Oswego and any activity is purely
voluntary, no one is forcing me to participate, and I elect to
participate in spite of the risks; and,
3. I KNOWINGLY AND FREELY ASSUME ALL
SUCH RISKS, both known and unknown, EVEN IF ARISING FROM THE NEGLIGENCE OF THE
RELEASES or others, and assume full responsibility for my
participation; and,
4. I willingly agree to comply with the stated and customary terms and
conditions for participation. If, however, I observe any unusual
significant hazard during my presence or participation, I will remove
myself from participation and bring such to the attention of the other
participants immediately; and,
5. I, for myself and on behalf of my heirs, assigns, personal
representatives and next of kin, HEREBY
RELEASE, INDEMNIFY, AND HOLD HARMLESS WHOSOEVER that has set a date,
a time and a place or has brought it to my attention that THEY would be
at this or any mentioned location. I through my own free will have
also chosen this date, time and place as a destination point and thus WITH RESPECT TO ANY AND ALL INJURY,
DISABILITY, DEATH, or loss or damage to person or property
associated with my presence or participation, WHETHER ARISING FROM THE NEGLIGENCE OF THE
RELEASES OR OTHERWISE, to the fullest extent permitted by law;
and,
6. This agreement shall be governed in all respects by the laws of the
State of New Jersey; and,
7. Whosoever was responsible for creating a date, a rain date, and then
selecting a place and time on that date.
8. Whosoever is not responsible for YOU, Your Property, Rented Equipment, Passengers or Pets on Lake Oswego or
travels to and from that Lake!
You are "responsible" for YOU!
9. Whosoever is not responsible for any of your pre-existing conditions, travel, accidents or any attorney's fees or costs resulting as a result of your decision to choose the same date, place and time and then travel to that public destination.
10. Whosoever is not liable for your injuries, damages or any illness
both known or unknown before, during or after you arrive at Lake
Oswego.
11. YOU ARE RESPONSIBLE FOR YOU AND
WHO EVER YOU BRING WITH YOU.
12. YOU ARE RESPONSIBLE FOR WHATEVER
POSSESSIONS YOU BRING WITH YOU WHETHER RENTED, BORROWED OR OWNED.
13. WHOSOEVER set a date and
a time for me to be at Lake Oswego, too. You decided, traveled and
came of your own free will to the lake while I was there. This is a public lake
with other activity's occurring and you
are free to join or leave any of them or just go off on your own. Whosoever is not responsible for you or for
me!
14. YOU ARE EXERCISING YOUR OWN FREE
WILL - AND YOU ARE RESPONSIBLE FOR YOU - AND - WHO OR WHAT YOU BRING
WITH YOU, Whosoever is not!
15. WHOSOEVER SELECTED A DATE and
TIME - END STORY!
16. WHOSOEVER'S RESPONSIBILITY ENDED
AND YOUR RESPONSIBILITY FOR YOU AND YOURS HAS JUST BEGUN - THIS IS YOUR
STORY NOW - IT'S ALL ABOUT YOU!
17. Whosoever has no
affiliations with any Club and you are not being asked to join one. When you are on a lake people just seem to migrate into and out of the spaces the boats occupy. The who's, who can become convoluted quite quickly in the waves, wind and water and the dash for the lunch table.
18. In the very simplest form there are No dues and No memberships, - there will be other Clubs and people on Lake Oswego simply because...
Lake
Oswego is a public destination point operated by the State of New Jersey
that still remains open while other locations are to be closed by
DEP.
You are Responsible for You and Yours
and Who and What You Bring and Do!
Therefore Whosoever really can't tell anyone where they can paddle or who they can paddle beside!
I HAVE READ THIS RELEASE OF LIABILITY
AND ASSUMPTION OF RISK AGREEMENT, FULLY UNDERSTAND ITS TERMS,UNDERSTAND
THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND SIGN IT
FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.
X: ____________________________________________________________________Age: _________ Date Signed: __________________
FOR
PARENTS/GUARDIANS OF PARTICIPANTS OF MINORITY AGE
(UNDER AGE 18 AT TIME OF ARRIVAL)
This is to certify that I, as parent/guardian with legal
responsibility for this participant, do consent and agree to his/her
release as provided above of all the Releases, and, for myself, my
child and our heirs, assigns, and next of kin, I release and agree to
indemnify and hold harmless the Releases from any and all liabilities
incident to my minor child's involvement or participation in these
program as provided above, EVEN IF ARISING FROM THE NEGLIGENCE OF THE
RELEASES, to the fullest extent permitted by law.
PARENT/GUARDIAN SIGNATURE:
_______________________________________________________________________
PRINT NAME:
_______________________________________________________________________
DATE SIGNED: ________________________________________________