IMPORTANT: THIS IS A LEGAL DOCUMENT
Please read and understand this document
before signing. If you have any questions please ask us or consult an
attorney!
Loudonville Canoe Rentals, Inc.
has done everything possible to assure that our
guests experience a rewarding experience. We wish to inform our guests and
their family and friends that
Canoeing, Kayaking, and Tubing is
not risk free. The same
elements that contribute to the unique character and fun of Canoeing
such as the physical exertion, personal decisions, natural hazards or even
Mother Nature can cause loss or damage , to equipment, injury, illness, or in
extreme cases, permanent trauma or death. This may be possible during
transportation as well as the canoeing trip. These hazards include tree limbs,
insects, vermin, noxious plants such as poison ivy, accident situations, hot
surfaces, broken glass and log jams . We do not want to heighten or reduce
your enthusiasm for the experience, but we do want you to know in advance what
to expect, and to be informed of the some of the possible risks. We ask that
you read this, sign it, and return it to our office.
CONTRACT, WAIVER, RELEASE AND INDEMNIFICATION
I
agree to indemnify and hold harmless Loudonville Canoe Rentals, Inc.
their agents and employees from all claims, damages, losses, injuries and
expenses arising out of or resulting from participation in these activities. I
further agree to release, acquit and covenant not to sue Loudonville
Canoe Rentals, Inc. ,
their agents and employees for all actions causes of action claims or damages,
damages in law or remedies in equity of whatever kind, including the
negligence of Loudonville Canoe Rentals, Inc. or my family,
myself, or my heirs, against Loudonville Canoe Rentals, Inc.
arising out of participation in this program. In short, I cannot sue
Loudonville Canoe Rentals, Inc. and if I do I cannot collect any
money. I certify that my family, including minor children and myself, are
fully capable of participating in Canoeing. I state that I have
read the above statement regarding some of the possible risks in this
activity. Therefore, I assume full responsibility for
myself, my family, including minor children, guest, or visitors for bodily
injury, death, loss of personal property and any expenses as a result of my
negligence, negligence of my family, or the negligence of
Loudonville Canoe Rentals, Inc. I also understand that
Loudonville Canoe Rentals, Inc. reserves the right to refuse any
person it judges to be incapable of meeting participation requirements of
Canoeing. My family and
I are in good physical condition and able to undertake
this activity.
I
agree to the site of any lawsuit and the law governing any such lawsuit shall
be OHIO and governed by OHIO law. The terms of
this agreement shall continue and be in effect after the trip has ended.
As liquidated damages, I hereby agree that if Loudonville Canoe Rentals,
Inc. is forced to defend any action, lawsuit or litigation by myself,
my executors, or my heirs, on my family's or my behalf, my heirs or executors
and I agree to pay Loudonville Canoe Rentals, Inc. costs,
attorney fees and the sum of $20,000.00 if they successfully defend
such action, lawsuit or litigation. Should any paragraph or part of this
agreement be declared enforceable by a court of competent jurisdiction, the
remaining parts or paragraphs shall remain in full force and effect.