liability waiver

Adults:

RELEASE OF LIABILITY & PARTICIPANT AGREEMENT

By signing this document you will waive certain legal rights including the right to sue. Please read carefully:

In consideration of being allowed to participate in any way in the Silver Moon Kayak Company, llc program, its related events and activities, I, ______________________ , the undersigned, acknowledge, appreciate, and agree that:

1. The risk of injury from the activities involved in this program is significant, including the potential for permanent paralysis and death, and while particular skills, equipment, and personal discipline may reduce this risk, the risk of serious injury does exist; and,

2. I KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS, both known and unknown, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASEES or others, and assume full responsibility for my participation; and,

3. I willingly agree to comply with the stated and customary terms and conditions for participation. If, however, I observe any unusual significant hazard during my presence or participation, I will remove myself from participation and bring such to the attention of the Company immediately; and,

4. I, for myself and on behalf of my heirs, assigns, personal representatives and next of kin, HEREBY RELEASE, INDEMNIFY, AND HOLD HARMLESS SILVER MOON KAYAK COMPANY, LLC, their officers, officials, agents and/or employees, other participants, sponsoring agencies, sponsors, advertisers, and, if applicable, owners and lessors of premises used for the activity (“Releasees”), WITH RESPECT TO ANY AND ALL INJURY, DISABILITY, DEATH, or loss or damage to person or property associated with my presence or participation, WHETHER ARISING FROM THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE, to the fullest extent permitted by law.

I fully understand and agree that these activities have inherent risks, dangers and hazards and that my participation in such activities and/or use of such equipment may result in injury or illness including, but not limited to, bodily injury, disease, strains, fractures, partial and/or total paralysis, death or other ailments that could cause serious disability. These risks and dangers may be caused by the negligence of the owners, employees, officers or agents of SILVER MOON KAYAK COMPANY, LLC, the negligence of the participants, the negligence of others, accidents, breaches of contract, the unpredictable forces of nature or other causes. Risks and dangers may arise from foreseeable or unforeseeable causes including, but not limited to, guide decision making, water levels, weather conditions, risks associated with capsizing a kayak, including hypothermia and drowning, and any hazards and dangers that are integral to recreational activities and/or use of equipment, including wading, swimming, hiking, portaging, camping and animals that may cause harm.

I confirm that I am physically capable and fit to participate in this activity and I have no medical conditions or needs other than those listed below. I confirm that I am eighteen (18) years of age or older. (Younger participants must have a parent or guardian read and sign a separate document.) I have been advised that I must wear an approved personal flotation device at all times while on the water and that I must not be under the influence of alcohol or any mind-altering substance, and will not carry, use or consume these substances before or during my scheduled activity.

I further agree that SILVER MOON KAYAK COMPANY, LLC or its representatives have permission and authority to address and treat medical conditions and emergencies as they deem appropriate, and I agree to pay any charges for such medical treatment, including related transportation, and will indemnify SILVER MOON KAYAK COMPANY, LLC or its representatives for the same.

I HAVE READ THIS RELEASE OF LIABILITY AND ASSUMPTION OF RISK AGREEMENT, FULLY UNDERSTAND ITS TERMS, UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING IT, AND SIGN IT FREELY AND VOLUNTARILY WITHOUT ANY INDUCEMENT.

x_________________________________________________ Age: _______ Date Signed : ______
Participant's Signature

Name (printed) _____________________________________________________________________

Address ____________________________________________________________________________

City, State, Zip _____________________________________________________________________

Medical conditions and special needs: _____________________________________________________

____________________________________________________________________________________

Who to contact in the event of an emergency (not here today)_________________________________

I DO or DO NOT (please circle one) permit the use of any photos, slides, films or sketches taken during the day's activities for publicity, advertising, promotion or other commercial purposes.

PLEASE GIVE COMPLETED FORM TO YOUR GROUP LEADER

SILVER MOON KAYAK COMPANY, LLC
1215 North Somers Road • Kalispell, Montana 59901 • (406) 752-3794

Minors:

PARENT/GUARDIAN PERMISSION FORM
WAIVER OF CLAIMS & PARTICIPANT AGREEMENT

By signing this document you will waive certain legal rights including the right to sue. Please read carefully:

I hereby grant permission for my child ____________________________ , age ______ , to participate in sea kayaking with SILVER MOON KAYAK COMPANY, LLC on (date) _______________ and I hereby agree as follows:

I, as parent/guardian with legal responsibility for this participant, do consent and agree to his/her release as provided above of all the Releasees, and, for myself, my child and our heirs, assigns, and next of kin, I release and agree to indemnify and hold harmless the Releasees from any and all liabilities incident to my minor child’s involvement or participation in these programs as provided above, EVEN IF ARISING FROM THE NEGLIGENCE OF THE RELEASEES, to the fullest extent permitted by law.

I fully understand and acknowledge that a) risks and dangers exist in my child’s use of sea kayaking equipment and my child’s participation in sea kayaking or related activities; b) my child’s participation in such activities and/or use of such equipment may result in injury, illness, or death, or damage to personal property c) these risks and dangers may be caused by other participants, or by accidents, or by the unpredictable forces of nature or other causes. Risks and dangers may arise from foreseeable or unforeseeable causes including, but not limited to, guide decision making, water levels, weather conditions, risks associated with capsizing a kayak, including hypothermia and drowning, and any hazards and dangers that are integral to recreational activities and/or use of equipment, including wading, swimming, hiking, portaging, camping and animals that may cause harm; and d) I hereby accept and assume these risks and dangers.

I have been advised that my child must wear an approved personal flotation device at all times while on the water. I affirm that my child will not be under the influence of alcohol or any mind-altering substance, and will not carry, use or consume these substances before or during his/her scheduled activities. Any claims or dispute arising from my child’s participation in SILVER MOON KAYAK COMPANY’s activities or use of SILVER MOON KAYAK COMPANY’s equipment shall be venued in either the Flathead County Justice Court or Flathead County District Court.

My child is in good health and is at or above the minimum age stated in SILVER MOON KAYAK COMPANY’s advertising for each activity in which he/she will participate. I understand that strenuous physical exertion may be required and my child has no known physical disabilities or health problems which will present any risk to his/her participation in the activities. The above agreement shall be binding on my heirs, successors, assigns, administrators and executors.

I further agree that SILVER MOON KAYAK COMPANY, LLC or its representatives have permission and authority to address and treat medical conditions and emergencies as they deem appropriate, and I agree to pay any charges for such medical treatment, including related transportation, and will indemnify SILVER MOON KAYAK COMPANY, LLC or its representatives for the same.

I HAVE READ THE ABOVE WAIVER AND RELEASE AND BY SIGNING IT AGREE THAT IT IS MY INTENTION TO GRANT PERMISSION FOR MY CHILD TO PARTICIPATE IN SILVER MOON KAYAK COMPANY’S SEA KAYAKING ACTIVITIES AND TO ASSUME AND ACCEPT ALL RISKS ASSOCIATED THEREWITH. IT IS MY INTENTION TO EXEMPT AND RELIEVE SILVER MOON KAYAK COMPANY, LLC FROM LIABILITY FOR PERSONAL INJURY, PROPERTY DAMAGE OR WRONGFUL DEATH CAUSED BY NEGLIGENCE OR ANY OTHER CAUSE.

Parent's Signature___________________________________________________________________

Parent's Name (printed) _____________________________________________________________