RELEASE, WAIVER, AND AGREEMENT NOT TO SUE
In exchange for use of equipment owned by Boats & Bikes, LLC (“B&B”) including, but not limited to kayaks, canoes, pedal boats, stand-up paddle boards, bicycles, and Trikkes (“Equipment”) and/or participation in activities sponsored by B&B including, but not limited to rental and use of such Equipment (collectively, the “Activity”), I hereby for myself and/or the minor children identified herein agree as follows:
- For purposes of this document (the “Release”), I understand that “University” refers to Wichita State University and its employees, students, agents, servants, officers, trustees, and representatives (in their official and individual capacities) and “B&B” refers to Boats & Bikes, LLC and its employees, agents, servants, officers, trustees and representatives (in their official and individual capacities) (University and B&B hereinafter collectively the “Releasees”).
- For purposes of this Release, all uses of the word “I,” “me” or “my” shall include myself and all minor children identified herein.
- All Equipment provided by Releasees is “AS IS” without any warranty about its condition or suitability for the Activity or any other use and I understand that I use such Equipment at my own risk.
- I, individually, and on behalf of my heirs, successors, assigns, and personal representatives, hereby release, acquit and forever discharge the Releasees from any and all liability whatsoever, including the Releasee’s own negligence, for any and all damages, losses or injuries, including death, mental anguish or emotional distress to persons and/or property, including but not limited to any claims, demands, actions, causes of action, damages, costs, expenses (including hospital and medical expenses) and attorneys’ fees, which arise out of, during, or in connection with my participation in the aforementioned Activity, including but not limited to any damages, losses, or injuries to persons or property or both, which may be sustained or suffered by me or any person in connection with my association with, or participation in the Activity.
- I, individually, and on behalf of my heirs, successors, assigns, and personal representatives, hereby agree to indemnify, defend and hold harmless the Releasee’s from any and all liability, loss or damages they or any of them incur or sustain as a result of any claims, demands, damages, actions, causes of action, judgments, costs or expenses, including attorneys’ fees, which result from, arise out of or relate to my participation in the aforementioned Activity.
- I, individually, and on behalf of my heirs, successors, assigns, and personal representatives, hereby agree not to sue, or to seek any money from or judgment against Releasees for any injury to me or damage to my property as a result of my attendance at or participation in the aforementioned Activity. In signing this Release, I fully recognize that if injury, illness, death or damage occurs to me while I am engaged in using this Equipment or participating in the Activity, I will have no right to make a claim or file a lawsuit against the Releasees, even if they or any of them negligently cause my injury, illness, death or damage.
- I agree that this Release is intended to be as broad and inclusive as permitted by the laws of the State of Kansas, and if any portion hereof is held invalid, it is agreed that the balance hereof shall, notwithstanding, continue in full legal force in effect.
- In the event of any cause of action, the laws of the State of Kansas apply and the jurisdiction lies with the state or federal courts in Sedgwick County, Kansas.
- I hereby acknowledge and accept that there are certain risks, known and unknown, including serious bodily injury and death, and serious injury or impairment to other aspects of my body, general health, and well-being, that could result from my participation in the Activity and/or use of the Equipment, which include but are not limited to the following: the hazards of traveling in a kayak, canoe, stand-up paddle board or pedal boat in any water conditions; water hazards, including rocks, trees and other obstacles; fast-moving water; swimming in unfamiliar and sometimes turbulent water which may be cold; using paddles, ropes and other unfamiliar outdoor equipment; rescue attempts; injuries inflicted by animals, insects and plants; human-made objects both in and out of the water including, but not limited to ropes, bridge pilings, metal junk, and other watercraft; carrying any equipment associated with the Activity; forces of nature including, but not limited to lightning, weather changes, and water level changes; exposure to water-borne pathogens, bacteria, and amoebae; viruses including, but not limited to COVID-19 and/or coronavirus; strenuous physical activity; spinal or head injury; hazards posed by other bicycles and traffic or road conditions; and accidents due to failure of the Equipment. I have knowingly and voluntarily decided to assume the risk of these inherent dangers in consideration of the Releasee’s permission to allow me to participate in the aforementioned Activity and understand that such risks cannot be eliminated. I further certify that I am willing to assume the risk of any medical or physical condition I may have. I hereby release and discharge the Releasees from any and all negligence, including the Releasee’s own negligence, in connection with my attendance at, or participation in the Activity or use of the Equipment.
- I realize the importance of wearing a helmet or other safety equipment and I acknowledge that I should wear a helmet or any other appropriate safety equipment at all times while using the Equipment and/or while participating in the Activity. I understand that wearing a helmet or other safety equipment is NOT a guarantee of protection from injuries.
- I accept full responsibility for care of the Equipment while it is in my possession. I agree to reimburse Releasees for any loss or damage to the Equipment other than reasonable wear resulting from normal use. I also agree to reimburse Releasees for the replacement cost of any Equipment rented by me but not returned.
- I am prohibited from using the Equipment while I am under the influence of alcohol or drugs.
- If I am an employee of any of the Releasees, I acknowledge that my participation in the Activity is completely voluntary and does not constitute part of my work-related duties. I understand that my decision to participate, or not participate, in this Activity will not affect my job status.
- I have no medical condition that would inhibit participation in the Activity. I will follow the directions of the Activity staff members and comply with the stated and customary precautions for participation in the Activity. Activity staff members may render first aid and/or obtain medical treatment deemed necessary. I will be financially responsible for all costs incurred thereby, regardless of insurance coverage. I release and discharge the Releasees of all responsibility and liability for any injuries, illnesses, medical bills, charges, co-pays, deductibles or similar expense, whether covered by health insurance or not that I may incur while participating in or attending the Activity.
- I hereby consent to any publicity, including the use of my name and likeness, and waive any right to inspect and/or approve any images, recordings or other record (e.g., photography, film, videotape, recordings or advertising copy, etc.) which may be used in connection with my participation or attendance at the Activity including, but not limited to social media accounts. I understand that I will not be compensated in any way for such use.
- I agree to observe and obey all posted rules, regulations, and warnings; to only use the Equipment for its intended purposes; and to follow any oral instructions or directions given by University or B&B or their employees, representatives or agents.
- I agree that any minor child(ren) shall be accompanied by a parent or legal guardian at all times while the minor child(ren) is using the Equipment or participating in the Activity.