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RELEASE OF LIABILITY AND INDEMNITY AGREEMENT

I, (Participant) understand that there are significant inherent risks and other hazards of injury or death involved in any kayaking, canoeing, stand up paddleboarding, floating the river, or other water sport activities. I hereby freely and voluntarily accept for myself alone all of these risks, and all other risks, associated with my decision to use kayaks, canoes, stand up paddleboards, tube, rafts and/or participate in water sport activities provided by Tumalo Creek Kayak & Canoe (as defined below).

As a condition of such use and participation, I hereby WAIVE and RELEASE FROM LIABILITY and agree to DEFEND, INDEMNIFY and HOLD HARMLESS Central Oregon Canoe & Kayak Supply, Inc., dba Tumalo Creek Kayak & Canoe, and its owners, officers, directors, employees, agents, other participants, sponsoring agencies, sponsors, advertisers, and if applicable, owners and lessors of premises used for the activity (hereinafter collectively referred to as Tumalo Creek Kayak & Canoe) from the following:

1. any and all claims for damage, loss or injury to myself or my property; and

2. any and all claims for damage, loss or injury to any other person or property, that arise out of or relate in any way to my participation in water sport activities or to my use of Tumalo Creek Kayak & Canoes services, equipment or facilities.

I willingly agree to comply with the stated and customary terms and conditions for participation. If I observe any unusual significant hazard during my presence or participation in a water sport activity, I will remove myself from participation and bring such to the attention of Tumalo Creek Kayak & Canoe immediately.

All photos taken by Tumalo Creek Kayak & Canoe staff or other participants may be used in TCKC's promotional materials.

This Release of Liability and Indemnity Agreement is intended to and does include any and all claims, whether due to negligence or any other legal theory, except claims based on willful misconduct.

If any part of this Agreement is determined to be unenforceable, I intend and agree that all other terms shall be enforced.

I HAVE READ THIS RELEASE OF LIABILITY AND INDEMNITY 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.

Date: April 27, 2024

First Participant's Name

First Name*

Last Name*
First Participant's Age Acknowledgment*
First Participant's Date of Birth*
I certify that I am 18 years of age or older
First Participant's Signature*
Second Participant's Name

First Name*

Last Name*
Second Participant's Date of Birth*
Third Participant's Name

First Name*

Last Name*
Third Participant's Date of Birth*
Fourth Participant's Name

First Name*

Last Name*
Fourth Participant's Date of Birth*
Fifth Participant's Name

First Name*

Last Name*
Fifth Participant's Date of Birth*
Sixth Participant's Name

First Name*

Last Name*
Sixth Participant's Date of Birth*
Seventh Participant's Name

First Name*

Last Name*
Seventh Participant's Date of Birth*
Eighth Participant's Name

First Name*

Last Name*
Eighth Participant's Date of Birth*
Ninth Participant's Name

First Name*

Last Name*
Ninth Participant's Date of Birth*
Tenth Participant's Name

First Name*

Last Name*
Tenth Participant's Date of Birth*
Parent or Guardian's Email Address

Email
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A signed copy of this waiver will be sent to the email address you provide.
If I am signing on behalf of a minor, I will personally pay and accept full responsibility for all medical, rescue and transportation expenses incurred as a result of injury or illness related to the minors participation as set out above. I further WAIVE and RELEASE FROM LIABILITY and agree to DEFEND, INDEMNIFY and HOLD HARMLESS Tumalo Creek Kayak & Canoe (aka Central Oregon Canoe & Kayak) for any damages, injuries or losses sustained by the minor, for which the minor may be liable to others, or for the risk that the minors illness may spread to others and cause damage or losses.


If I am signing on behalf of a minor, I will personally pay and accept full responsibility for all medical, rescue and transportation expenses incurred as a result of injury or illness related to the minors participation as set out above. I further WAIVE and RELEASE FROM LIABILITY and agree to DEFEND, INDEMNIFY and HOLD HARMLESS Tumalo Creek Kayak & Canoe (aka Central Oregon Canoe & Kayak) for any damages, injuries or losses sustained by the minor, for which the minor may be liable to others, or for the risk that the minors illness may spread to others and cause damage or losses.
Parent or Guardian's Name

First Name*

Last Name*
Parent or Guardian's Age Acknowledgment*
Parent or Guardian's Date of Birth*
I certify that I am 18 years of age or older
Parent or Guardian's Signature*
Electronic Signature Consent*
By checking here, you 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.


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