RELEASE, INDEMNIFICATION AND HOLD HARMLESS AGREEMENT
In consideration of participating in the sport of canoeing, and for other good and valuable consideration, I hereby agree to release and discharge from liability arising from negligence Whispering Wilderness, Inc DBA Moose Track Adventures and its owners, directors, officers employees, agents, volunteers, participants, and all other persons or entities acting for them (hereinafter collectively referred to as “Releasees”), on behalf of myself and my children, parents, heirs, assigns, personal representative and estate, and also agree as follows:
1. I acknowledge that canoeing & camping activities involve known and unanticipated risks which could result in physical or emotional injury, paralysis or permanent disability, death, and property damage. Risks include, but are not limited to, death as a result of drowning or brain damage caused by near drowning; broken bones, torn ligaments or strains as a result of falls while launching or exiting the water, or while carrying a canoe; medical conditions resulting from physical activity; and damaged clothing or other property. I understand such risks simply cannot be eliminated, despite the use of safety equipment, without jeopardizing the essential qualities of the activity.
2. I expressly accept and assume all of the risks inherent in this activity or that might have been caused by the negligence of the Releasees. My participation in this activity is purely voluntary and I elect to participate despite the risks. In addition, if at any time I believe that event conditions are unsafe or that I am unable to participate due to physical or medical conditions, then I will immediately discontinue participation.
3. I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless Releasees from any and all claims, demands, or causes of action which are in any way connected with my participation in this activity, or my use of their equipment or facilities, arising from negligence. This release does not apply to claims arising from intentional conduct. Should Releasees or anyone acting on their behalf be required to incur attorney’s fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs.
4. I represent that I have adequate insurance to cover any injury or damage I may suffer or cause while participating in this activity, or else I agree to bear the costs of such injury or damage myself. I further represent that I have no medical or physical condition which could interfere with my safety in this activity, or else I am willing to assume – and bear the costs of – all risks that may be created, directly or indirectly, by any such condition.
5. In the event that I file a lawsuit, I agree to do so solely in the state where Releasees’ facility is located, and I further agree that the substantive law of that state shall apply.
6. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect.
By signing this document, I agree that if I am hurt or my property is damaged during my participation in this activity, then I may be found by a court of law to have waived my right to maintain a lawsuit against the parties being released on the basis of any claim for negligence.
I have had sufficient time to read this entire document and, should I choose to do so, consult with legal counsel prior to signing. Also, I understand that this activity might not be made available to me or that the cost to engage in this activity would be significantly greater if I were to choose not to sign this release, and agree that the opportunity to participate at the stated cost in return for the execution of this release is a reasonable bargain. I have read and understood this document and I agree to be bound by its terms.
Moose Track Adventures Equipment Waiver
I agree to be held responsible for all equipment provided to me by Moose Track Adventures Outfitters, including but not limited to:
I agree to be held financially responsible for any damaged or stolen property under my care as assessed by the management of Moose Track Adventures. I agree to cover the cost to repair or replace equipment up to the full value. By signing I agree to these terms for myself and any minor children under my care.
PARENT OR GUARDIAN ADDITIONAL AGREEMENT
(Must be completed for participants under the age of 18)
In consideration of minor children under my care being permitted to participate in this activity, I further agree to indemnify and hold harmless Releasees from any claims alleging negligence which are brought by or on behalf of minor or are in any way connected with such participation by minor.
Parent or Guardian Signature:
Please Enter Date
Visitor Acknowledgment to Risk (VAR)
In consideration of the services of Whispering Wilderness, Inc DBA Moose Track Adventures and their officers, agents, employees, and stockholders, and all other persons or entities associated with those businesses (hereinafter collectively referred to as I agree as follows:
Although Whispering Wilderness, Inc DBA Moose Track Adventures has taken reasonable steps to provide me with appropriate equipment and skilled guides so I can enjoy an activity for which I may not be skilled, Whispering Wilderness, Inc DBA Moose Track Adventures has informed me this activity is not without risk. Certain risks are inherent in each activity and cannot be eliminated without destroying the unique character of the activity. These inherent risks are some of the same elements that contribute to the unique character of this activity and can be the cause of loss or damage to my equipment, or accidental injury, illness, or in extreme cases, permanent trauma or death. Whispering Wilderness, Inc DBA Moose Track Adventures does not want to frighten me or reduce my enthusiasm for this activity, but believes it is important for me to know in advance what to expect and to be informed of the inherent risks. The following describes some, but not all, of those risks.
Sunburn or other conditions related to prolonged sun exposure
Mosquito or other insect bites
Jammed fingers or toes associated with pinch points or tripping hazards
Accidental ingestion of water or drowning
Aches in muscles or joints associated with repetitive stress motions
Hypothermia associated with falling in to or swimming within cold water
Heat stress and dehydration
Puncture or cutting or abrading of skin due to vessels capsizing due to downed trees, catching on submerged materials, or slipping/tripping on uneven surfaces
Being struck anywhere on the upper torso when paddling by another person’s paddle or vessel
I am aware Personal Flotation Devices (PFDs) are required for persons under the age of 13 regardless of activity type while they are on water in Minnesota. Additionally, I have been offered a Personal Flotation Device with my equipment rental and shown how to properly fit to my person.
I am aware that Whispering Wilderness, Inc DBA Moose Track Adventures entails risks of injury or death to any participant. I understand the description of these inherent risks is not complete and that other unknown or unanticipated inherent risks may result in injury or death. I agree to assume and accept full responsibility for the inherent risks identified herein and those inherent risks not specifically identified. My participation in this activity is purely voluntary, no one is forcing me to participate, and I elect to participate in spite of and with full knowledge of the inherent risks.
I acknowledge that engaging in this activity may require a degree of skill and knowledge different than other activities and that I have responsibilities as a participant. I acknowledge that the staff of Log Cabin has been available to more fully explain to me the nature and physical demands of this activity and the inherent risks, hazards, and dangers associated with this activity.
I certify that I am fully capable of participating in this activity. Therefore, I assume and accept full responsibility for myself, including all minor children in my care, custody, and control, for bodily injury, death or loss of personal property and expenses as a result of those inherent risks and dangers identified herein and those inherent risks and dangers not specifically identified, and as a result of my negligence in participating in this activity.
I have carefully read, clearly understood and accepted the terms and conditions stated herein and acknowledge that this agreement shall be effective and binding upon myself, my heirs, assigns, personal representative and estate and for all members of my family, including minor children.
By checking this box, I agree that I have fully read and understand the information above.*