This document affects your legal rights. You must read and thoroughly understand it before you sign it. STATEMENT OF RISKS: There are significant elements of risk in any adventure, sport, or activity associated with watersports, the outdoors, the presence of motorized vehicles or watercraft, and activities incidental thereto (referred to herein as “the activity”). Although Napa Valley Paddle LLC has taken reasonable steps to provide you with appropriate equipment, the activity of stand up paddle boarding, kayaking, canoeing, cycling and kayak fishing is not without risk. Certain risks cannot be eliminated without destroying the unique character of the Activity. The same elements that contribute to the unique character of stand up paddle boarding, kayaking or cycling can be causes of loss or damage to equipment, cause accidental injury, or in extreme cases, permanent trauma or death. ACKNOWLEDGEMENT OF RISKS: I acknowledge that the following describes some, but not all, of the risks of participating in stand up paddle boarding, kayaking, cycling or kayak fishing and canoeing: 1) Collision with any of the following: other participants, other watercraft, other bicyclists, automobiles and man-made or natural objects; 2) Collision or falling off the stand up paddle board or kayak or canoe or bicycle or other hazard which results in wetness, injury, exposure to the elements, hypothermia, or drowning; 3) Changing water flow, wind, wave action, and boat wakes; 4) Inclement weather, lightning, variances and extremes of wind, weather and temperature; 5) Getting on and standing or sitting on the stand up paddle board, kayak or canoe or bicycle; 6) Equipment failure or operator error; 7) Heat – or sun-related injuries or illness including sunburn, sunstroke, or dehydration; 8) Fatigue, chill, and dizziness, which may diminish reaction time and increase risk of an accident. I am aware that the activity of stand up paddle boarding, kayaking, cycling and canoeing entails risk of death. I understand the description of these risks is not complete and that unknown or unanticipated risks may result in injury, illness, or death as a result of participation in the Activity. EXPRESS ASSUMPTION OF RISK AND RESPONSIBILITY: I hereby knowingly and freely assume all such risks, both known and unknown, including full responsibility for and risk of bodily injury, death or property damage as a result of my participation in the Activity and/or my use of the equipment, even if the injury, death or property damage is caused, in whole or in part, by the negligence of, and any or all of the employees of Napa Valley Paddle LLC, Andrew Dickson (hereinafter “the releases”). I verify that I am physically fit and sufficiently capable to participate in stand up paddle boarding, kayaking, cycling, canoeing or kayak fishing. I assume full responsibility, for myself and any minor children for whom I am responsible, for any bodily injury, accident, illness, death, loss of personal property and expenses related thereto as a result of any accident which may occur while I participate in the activity. I assume the risks of personal injury, accidents and/or illness, including but not limited to sprains, torn muscles, and/or ligaments, fractured or broken bones, eye damage, cuts, wounds, scrapes, abrasions, contusions, dehydration, drowning, oxygen shortage (anoxia), exposure, head, neck, and spinal injuries, bite or attack by an animal or insect, allergic reaction, shock, paralysis or death. SUBSTANCE USE: I agree to refrain from using alcohol or drugs prior to and during my participation in stand up paddle boarding, kayaking, canoeing, cycling or kayak fishing. USCG APPROVED PERSONAL FLOTATION DEVICE: I agree to wear a Coast-Guard-approved personal flotation devise (PFD or life Jacket) while participating in the activity. If I observe any unusual significant hazard during my presence or participation in the activity, I will remove myself from participation. DAYLIGHT: I agree to only stand up paddle board, kayak, bicycle, canoe or kayak fish during daylight. This allows for the stand up paddle boarder, kayaker, cyclist or canoer to be visible to others, and allows the user to have optimal visibility on the water. 50 FEET: I agree to stay 50 feet away from docks and launches and 50 feet off the shoreline at all times unless landing the vessel. Within this distance boats must travel slow with no wake, allowing paddle boarders, kayakers, cyclist, canoers and kayak fisherman to remain safe. I understand that boats do have the right-of-way on the water. DAMAGE TO PRODUCTS:I will be responsible or the full replacement cost of any equipment that I have used during a class, rental, demonstration or tour from Napa Valley Paddle LLC. I agree to pay for damages to or replace such equipment in the event of any damages other than reasonable wear and tear and equipment that is lost or stolen.
I agree to take the utmost care with equipment rented from Napa Valley Paddle LLC and agree to pay $50 per incident, including dings, cracks, and scratches that occur during the time of rental, class or demonstration. RELEASE & WAIVER OF LIABILITY: I, the undersigned, for myself, my heirs, representatives, assigns, and next of kin, in consideration of the classes taught and of the rental of equipment to me, do fully and forever release, waive, discharge, hold harmless, and covenant not to sue the releasees from all liability to the undersigned, his/her personal representatives, assigns, heirs, and next of kin for death, personal injury, or property damage and from any and all claims, demands, suits, loss, and causes of action asserting or on account of death, personal injury, or property damage suffered or sustained by me or any person or property as a result of or arising out of my participation in the Activity., whether arising from the negligence of the releasees or otherwise, to the fullest extent permitted by law. I agree that any and all disputes between myself and the releasees arising from my participation in the Activity and/or use of this equipment, and including any claims for personal injury and/or death will be governed by the laws of the State of California and exclusive jurisdiction thereof will be in the state court residing in the county where the alleged tort occurred or the federal courts of the State of California. PHOTO & VIDEO RELEASE DISCLAIMER: I hereby grant to Napa Valley Paddle LLC the right and permission to use my name, likeness, image, voice and appearance as such may be embodied in any photos, video recordings, audio tapes, digital images and the like taken or made on behalf of Napa Valley Paddle LLC. Uses include but are not limited to videos, publications, advertisements, news releases, websites and any promotional or educational materials in any medium. I acknowledge that I will not receive any compensation for these uses. I, the undersigned, acknowledge that 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 inducement. Date: April 19, 2024 |
