Acknowledgement of Risk
In consideration of being permitted to participate in any way in rentals, programs, or activities in, on, or around Mariners’ Lake, I, for myself, my minor child, my representatives, assigns, heirs, and next of kin:
ACKNOWLEDGE, agree and represent that I understand the hazardous nature of paddle sports, kayaking, canoeing, rowing, operating a Jon boat, fishing, hiking, travel to and from the Lake, and all related activities in, on, and around water and that I am, or my minor child is, qualified, in good health, in proper physical condition to participate in such activity, and willingly agree to comply with the stated and customary terms and conditions of participation.
FULLY UNDERSTAND that: Activities that take place in, on, and around Mariners’ Lake are inherently dangerous and involve risks and dangers of damage to personal property and bodily injury, including loss, permanent disability, paralysis, and death to me or to my minor child which may be due, in part, to the hazards listed below.
Risks and Hazards
Injury, loss, or death may be due, in part, to:
Nature and Environment
- Insect or animal bites or plant injuries; (Including but not limited to bees, mosquitos, ticks, snakes, dogs, spiders, poison ivy, thorns, falling limbs, and others unforeseeable)
- Exposure to waterborne pathogens including but not limited to chemicals, flesh-eating amoebas, prions, giardia lamblia, E.coli, cryptosporidium, algal blooms, and other infection-causing agents through contact with skin, open wounds, eyes, mouth, or nose.
- Exposure to temperature or weather extremes; (Sunburn, heat-related illness, hypothermia, lightning, hail, wind-borne objects, and others unforeseeable)
Water, Falls, and Activities
- A fall or slip while participating in rentals, programs, or activities; A fall or slip while using event equipment; Blunt force injuries, submersion in water, and drowning from fatigue or entanglement
- Accidents while traveling to or from the activity site; Accidents occurring during water sports and activities; Failure to abide by safety rules or regulations
- Other reasons not listed above but due primarily to negligence, carelessness, or inattention on the part of the participant.
Health and Medical
- Previously undetected medical problems created or aggravated by physical exertion or movement; Injuries due to overexertion, stretching beyond normal range of motion, or failing to modify activities to reduce strain; Delayed access to medical care while in a remote setting; failure by the participant to bring life-saving medications for allergies, asthma, or a heart condition (epi-pen, inhaler, nitroglycerin, etc.) or other condition
Assumption of Risk and Release
Participant Responsibility
The nature and scope of the activity listed above have been fully explained to me by The Mariners’ Museum and Park. I understand that The Mariners’ Museum and Park does not guarantee the safety of participants with respect to this activity. I also understand that each participant has the responsibility to exercise due care in the performance of the activity for their safety and the safety of the other participants.
Assumption of Risk
In consideration of being permitted to engage in this activity, I assume all the risks and liability that may arise from my involvement and participation in this activity. I further agree to adhere to all Mariners’ Museum and Park policies and regulations as well as local, state, and federal laws. I understand that these standards are intended to reduce the risks of injury to persons and destruction of property, but voluntarily assume the risk that personal injury or destruction of property may occur.
Hold Harmless and Indemnification
I will hold harmless and fully indemnify The Mariners’ Museum and Park employees, volunteers, agents, heirs, and assigns from any and all claims, damages, actions, liability, and expenses now and in the future in connection with any and all personal and bodily injury and/or damage or theft to my personal property, be it foreseen or unforeseen.
Certification
I certify that I have read this agreement, was provided ample time and conditions to review these terms, fully understand its terms, understand that I have given up substantial rights by signing it, and have signed it freely and without any inducement or assurance of any nature and intend it to be a complete and unconditional release of all liability to the greatest extent allowed by law and agree that if any portion of this agreement is held to be invalid the balance, notwithstanding, shall continue in full force and effect.