Lake Norman Paddleboard Company Inc.
Assumption of Risk, Release, and Indemnity Agreement
 

Assumption of Risk: I understand that the Activities [1] in which I (or my child) will engage at or with Lake Norman Paddleboard Company Inc. involve inherent and other risks. Some of those risks are described in this Agreement and are incorporated here by reference. I acknowledge that the Activities require a certain degree of physical condition, ability, maturity, and skill. I acknowledge that I am solely responsible for determining my (or my child’s) suitability to participate in the Activities. I do have (or my child has) the requisite skills, qualifications, physical and mental ability necessary to properly and safely participate in the Activities. I understand that these Activities are not rides or amusement devices with guaranteed outcomes, but are instead sports which are not in my or other’s control. I further understand and agree that LKNPC [2] shall have no duty to warn me of or to remedy any natural or manmade risks, dangers, or hazards. I (or my child) share(s) responsibility for my (his/her) safety and will follow instructions, make reasonable decisions, and act responsibly. LKNPC cannot ensure my (or my child’s) safety and cannot eliminate all of the risks of the Activities. I choose to voluntarily participate (or allow my child to participate) and observe the Activities despite all risks. I assume all inherent and other risks and accept responsibility for any property damage and loss and for any personal injury, illness, disability, emotional distress, and death that I (or my child) may suffer, whether described in this document or not.

In consideration of LKNPC providing services and facilities and allowing me (or my child) to participate in or observe the Activities, I agree to the following:

Waiver and Release: I, (and on behalf of my child) agree to forever release and discharge LKNPC from and agree not to sue LKNPC for any and all liability or claims I (or my child) may have for any property damage and loss, personal injury, emotional distress, illness, disability, and death, related to my (or my child’s) participation in the Activities or use of any equipment or facilities. This release is for any type of claim, including breach of contract, fraud, or any other type of suit and includes personal injury and property losses alleged to be caused by the negligence of LKNPC to the fullest extent permitted by law.

Indemnity: I agree to defend, indemnify (meaning to pay or reimburse any amount required to be paid, including attorney’s fees) and hold LKNPC harmless from all claims, causes of action, liability, losses, or damages for any property damage, property loss or theft, personal injury, disability, death, or other loss brought by or on behalf of me, my child, a family member, my estate, another participant or spectator, or any other person arising from or relating to my (or my child’s) use of the property, facilities, and/or participation in the Activities, including claims that LKNPC was negligent.

Acknowledgement of Policies and Photo Waiver: I acknowledge reading and understanding LKNPC Rules and Regulations relating to the Activities, facilities of LKNPC and equipment and agree to comply with and abide by those Rules & Regulations. LKNPC may take and use photographs, video, film, and other images of me (or my child) participating in or observing the Activities. I waive any right of privacy, publicity, compensation, copyright, or other rights to those images and I consent to LKNPC using those images for any purpose.

Additional Provisions: I agree that the substantive laws of North Carolina (but not any law that would apply the laws of another state) govern this Agreement and any dispute I have (or my child has) with LKNPC and consent to jurisdiction in Mecklenburg County, North Carolina. Any mediation, suit, or proceeding will be entered into only in Mecklenburg County, North Carolina. Any portion of this Agreement deemed unlawful or unenforceable is severable and shall be stricken without effect on the enforceability of the remaining provisions.

By filling and submitting the form below,  I agree to the above terms.  I have read this Agreement, I understand its contents, and I sign it voluntarily. I intend by this Agreement to assume all hazards and risks, waive all rights to sue and release all liabilities and claims, and indemnify LKNPC for any claims arising from my (or my child’s) participation in the Activities. I understand that this Agreement has no expiration date and remains in effect at all times that I am (or my child is) observing or participating in the Activities and will be binding on me, my family members, heirs, assigns, executors, representatives, and estate.

Participant's Name *
Participant's Name
By entering my name, I acknowledge that this is my e-signature.
Date Signed *
Date Signed
Today's Date
Participant's Date of Birth *
Participant's Date of Birth
Address *
Address
Phone # *
Phone #
Participant's Paddleboard Skill Level *
Can Participant Swim? *
Date of Visit *
Date of Visit
Name of Parent or Legal Guardian (if participant is under 18)
Name of Parent or Legal Guardian (if participant is under 18)
I hereby warrant that I have legal authority to act on my child’s behalf. I agree to the above terms and conditions for myself and on behalf of my child. If I am signing for a participant that is not my child, I agree to indemnify LKNPC as provided in the Indemnity provision above for any and all claims brought by or on behalf of the child for whom I sign or for any claim brought by any other person related to the child’s participation in or observation of the Activities. By entering my name, I acknowledge that this is my e-signature.
Date Signed
Date Signed
 

[1] Activities are defined as anything associated with or occurring at or near LKNPC including, without limitation, paddling, swimming, and other facilitated or non-facilitated activities. Activities also include usage of waterways, pathways, parking lots, stairs, buildings, kiosks and all other facilities as well as spectating, walking, races, and special events.

[2] LKNPC means Lake Norman Paddleboard Company Inc., its directors, officers, employees, agents, volunteers, sponsors, and lessors.