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Legal Waiver

Personal Responsibility and Legal Waiver for the Bluegrass Canoe and Kayak Group organizer, assistant organizers, members and other participants (those invited by members):

Risks: I understand that during my participation in the Bluegrass Canoe and Kayak Group (hereinafter called BCK) Outing/Events/Activities, I may be exposed to a variety of hazards and risks, foreseen or unforeseen, involved in the activities of the Outing/Events. There are inherent and significant elements of risk involved in activities associated with paddle sports including but not limited to kayaks, canoes, equipment and environments there with.

Acknowledgment of Risks; I understand and accept responsibility for knowing that changing conditions to include water levels, water current, waves, wind and weather conditions, slippery surfaces/shores/boat ramps, submerged objects, wildlife/toxic plants, the presence of other watercraft and subsequent waves, personal paddling speed and physical endurance, stability characteristics of watercraft that I am using, equipment failure and misuse of equipment by myself and others, foreseen and unforeseen hazards or events that can contribute to the unpredictability of the activity, that certain risks associated with this activity including but not limited to capsizing, collisions and sinking of vessels can result in getting immersed in water, minor and/or major injuries, exposure to the elements, wildlife and/or animals, toxic plants, drowning, damage to, or loss of personal or other private property. I understand the hazards of darkness, cold weather conditions, heat exhaustion and the proper clothing and equipment to use in those conditions. I will securely wear a US Coast Guard approved personal floatation device (PFD) at all times near and on the water. I also understand that I might have mishaps in remote places where medical attention and/or facilities may not be readily available. I understand that public 911 emergency response will be the primary response and rescue authority during any BCK activity. I will ask about other potential hazards and recommended precautions and procedures. I will understand and recognize my personal health, experience and physical capabilities and limitations before attenting any BCK activity. I understand and realize that participation in the BCK activity, whether alone or with a group, can result in personal injury, accidents, illness including but not limited to hypothermia, heat exhaustion, puncture wounds, broken bones, sprains, bruises, cuts and scrapes, insect bites, head injuries, paralysis, dismemberment or death. I will not perform emergency rescue or medical treatment that exceeds my personal training, physical ability, skills and certification or professional authorization. I will ensure my vessel is properly licensed for the state I am registered in and will abide by all local, state, and Federal laws to include watercraft operations, vehicle operations, park/property and waterway rules and proper conduct.

Furthermore, I understand that my BCK participation may involve my personal or other vehicle transportation, shuttling, loading and unloading of kayaks/canoes, proper storage and security of equipment during transportation. Camping and picnic gear may also be included in these events. I will ensure that may gear, equipment and property is safe for transport, use and in accordance with established laws and manufacturer's instructions. I may be exposed to a variety of hazards and risks, foreseen or unforeseen, involved in these off-water activities, such as in parking lots, loading, off loading, arriving or departing from the event. In these instances, my personal insurance liabilities will be adequate in accordance with public and state laws. I am aware of automobile or transportation hazards that can cause serious personal injury to my person or property, or my death (injuries and damages). I know that injuries and damages can occur by natural causes or activities of other persons, animals, trip members, trip leaders and assistants or third parties, and such injuries and damages can occur as a result of negligence or because of other reasons. I understand that risks of such injury and damages are involved in adventure pursuits and travel such as BCK Outing/Events. I will exercise care for my own person as well as for others around me in the face of such hazards. If I choose to leave the immediate BCK group during an event, I understand I am no longer a part of that BCK event. If volunteering to shuttle or carpool other event participants, I agree that I have currently active auto liability insurance, a valid driver's license, a well maintained vehicle with no known safety issues, and agree that I will not be impaired (by prescribed or illicit drugs or alcohol, for instance) or distracted in any way (by phoning or texting, for instance) while driving.

In addition, I understand that the BCK requires me to have the ability to swim a reasonable distance and wear a well-fitting personal flotation device (life jacket) at all times when kayaking or within 10-feet of the water. Mandatory equipment to have when kayaking or canoeing is: 1. A Coast Guard approved life jacket/PFD worn securely at all times. 2. A vessel (canoe/kayak) in safe order and repair per the manufacturer's instructions 3. A paddle 4. A water resistant whistle or air horn to signal distress.

I understand that the following optional gear is not required by law but essential for safe operations: Proper clothing for season and conditions, sun protection, sunglasses, sunblock, compass, map of body of water, GPS, fully charged cell phone, headlamp/flashlight, extra water bottles, snacks and cutting device stored in proper sheath..

Express Assumption of Risk and Responsibility; I further expressly agree that the foregoing release, waiver and indemnity agreement is intended to be as broad and inclusive as is permitted by law and if any portion thereof is invalid, it is agreed that the balance shall, not withstanding, continue in full legal force and effect.

In consideration for my acceptance as an Outing/Event member on this Outing/Event, and the services and amenities to be provided by the BCK in connection with the Outing/Event:

  • I hereby waive, release, discharge and covenant all claims for any such injuries and damages against the BCK and its organizers, participants, and leaders, even though such injuries and damages may result from the negligence of the BCK and/or its organizers, participants, and leaders;
  • I understand that this assumption of risk and release is binding upon my heirs, executors, administrators and assigns, and includes any minors accompanying me on the Outing/Event;
  • I confirm that I have read the Outing/Event rules and conditions applicable to the Outing/Event, and will pay applicable costs and fees for the Outing/Event;
  • I confirm that I have read this document in its entirety and I appreciate, understand and freely and voluntarily assume all risks of such injuries and damages and notwithstanding such risks, I agree to participate in the Outing/Event.
  • Minors attending Outing/Events/Activities may only do so with their legal guardian who agrees to the terms of this waiver on behalf of their minor.
  • I confirm I am not falsely representing myself, or others, in any way to deceive the organizers or membership of BCK.

In recognition of the risks of the activity which I will engage in, I confirm that I am physically and mentally capable of participating in the activity and using the equipment. I participate willingly and voluntarily and I assume full responsibility for damage or to loss of personal property as a result of any accident that may occur. Furthermore; in consideration of the services and/or property provided to by BCK and its moderator, I do hereby release BCK and the moderator and other BCK members from all liability and waive any claim for damage arising from any cause whatsoever except that which is a result of gross negligence as found by legal civil court action.

Table of Contents

Page title Most recent update Last edited by
RSVP Etiquette March 16, 2016 9:09 AM Don P.
Trip Planning Tips June 6, 2015 7:48 PM Tina N.
Skill Assessment May 21, 2015 11:11 AM Tina N.
Legal Waiver January 13, 2014 8:48 AM Don P.
About Bluegrass Canoe and Kayak Group May 12, 2015 3:49 PM Tina N.

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