Kayak Operator-PRM Long Beach Participant Release - Adult - 05-2-2022.pdf

OPERATOR1 / CITY OF LONG BEACH

DEPARTMENT OF PARKS, RECREATION, AND MARIINE

Release and Waiver of All Liability and Assumption of Risk Agreement

OR GOOD AND VALUABLE CONSIDERATION, including permission to rent and use specified non-motorized, self-propelled aquatic equipment such as a kayak or paddleboard (“RENTAL”), I, for myself, my successors, heirs, assigns, executors, administrators, spouse, and next of kin:

1. Am aware there are risks of exposure to directly or indirectly arising out of, contributed to, by, or resulting from an outbreak of any and all communicable disease, including but not limited to, the virus “severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2)”, which is responsible for Coronavirus Disease (COVID-19) and/or any mutation or variation thereof, as a result of my use and participation is using the

RENTAL;

2. Am aware that my renting and participating in using the RENTAL includes a risk of possible exposure to and illness from infectious diseases including but not limited to MRSA, influenza, and COVID-19;

and that while particular rules and personal discipline may reduce this risk, the risk of serious illness and death does exist;

3. Willingly agree to comply with the stated, reasonable, and/or customary terms and conditions related to my renting and participating in using the RENTAL as regards protection against drowning including but not limited to the ability to swim AND the use of safety vests or gear; and if I observe any unusual or significant hazard before or during my presence or participation, I will withdraw from participating or remove myself, as appropriate, from participation and bring such hazard to the attention of the nearest official immediately;

4. Agree that, prior to participating I will inspect the facilities, equipment, and areas to be used, and, if I believe that any of them are unsafe, I will immediately advise the person supervising the RENTAL, facility, activity, or area;

5. Acknowledge that I fully understand that my participation may involve risk of serious injury or death, including economic losses, which may result not only from my own actions, inaction, or negligence, but also from the actions, inaction, or negligence of others, the condition of the facilities, equipment, my use of personal safety equipment including, but not limited to, a safety vest, or areas where the RENTAL or activity is being conducted, the rules of play, or this type of RENTAL or activity;

6. Assume any and all risk of bodily injuries to myself, including medical or hospital bills, permanent or partial disability, death, and damages to my property, caused by or arising from my participation in the RENTAL or activity;

7. Covenant not to sue or present any claim for personal injury, property damage, or wrongful death against Operator, the City of Long Beach, or their departments, officers, employees, members, heirs, successors, administrators, assigns, volunteers, or agents for damages attributable to my participation in the RENTAL or activity;

8. Release, waive, discharge, and relinquish, Operator, the City of Long Beach, or their departments, officers, employees, members, heirs, successors, administrators, assigns, volunteers, or agents (RELEASEES) from any liability, loss, damage, claim, demand, or cause of action against them arising from or attributable to my participation in the RENTAL activity, whether same shall arise by their negligence or otherwise;

9. Agree that photographs, pictures, slides, movies, or videos of me may be taken in connection with my participation in the RENTAL or activity without compensation from the City of Long Beach or Operator and consent to the use of these photographs, pictures, slides, movies, or videos for any legal purpose;

and

10. Warrant that I am in good health and have no physical condition that would prevent me from participating in this RENTAL or activity.

THIS DOCUMENT RELIEVES THE CITY AND OTHERS FROM LIABILITY FOR BODILY INJURY,

WRONGFUL DEATH, AND PROPERTY DAMAGE BY NEGLIGENCE. I HAVE READ THIS DOCUMENT,

UNDERSTAND THAT I GIVE UP SUBSTANTIAL RIGHTS AND ASSUME ALL RISKS BY SIGNING IT, AND

SIGN VOLUNTARILY.

I hereby certify on behalf of myself that I have full knowledge of the nature and extent of the risks inherent in the RENTAL and that I am voluntarily assuming said risks. I understand that I will be solely responsible for any loss or damage, including personal injury, property damage, or death, I sustain while participating in the RENTAL and that by signing this agreement I HEREBY RELEASE RELEASEES of all liability for such loss, damage, or death. I further certify that I am in good health and have no conditions or impairments which would preclude my safe participation in the EVENT. I further certify that my present age is 18 years of age or older. I am therefore of lawful age (18 years or older) and otherwise legally competent to sign this agreement.

I further understand that the terms of this agreement are legally binding and certify that I am signing this agreement, after carefully reading and understanding its provisions, of my own free will and without any form of coercion or duress.

PRINTED NAME SIGNATURE DATE

1 Commercial operator to provide rentals of non-motorized, self-propelled aquatic equipment such as kayaks and paddleboards

F