2027

 **READ CAREFULLY!**

Killinit Kayaks Inc.

Waiver and Release of Liability

1. I acknowledge that canoeing, kayaking, and/or paddleboarding entails known and unanticipated risks which could result in physical or emotional injury, paralysis, death, or damage to myself, to property, or to third parties. I understand that such risks simply cannot be eliminated without jeopardizing the essential qualities of the activity. The risks include, among other things: my boat could turn over and/or I could have to swim risking entanglement in trees; exposure to the natural elements can be uncomfortable and/or harmful; I am aware that this exposure could cause sunburn, dehydration, heat exhaustion, heat stroke, and heat cramps; also prolonged exposure to cold water can result in hypothermia; exposure to potentially dangerous wildlife, insects, plants; and accidental drowning is also a possibility. I also know that there is a risk of equipment malfunction or injury due to third parties. Furthermore, I understand Killinit Kayaks Inc. employees are qualified, but have difficult jobs to perform. They seek safety, but they are not infallible. No one can predict the weather, the elements, or the terrain with 100% accuracy. I am cognizant of the basic safety rules and instructions concerning these water activities. Rental setup includes a life-jacket fit check and an opportunity to ask staff questions before launching. I agree to learn and follow applicable boating rules, follow any safety instructions provided, and ask questions before launching if I do not understand how to use the equipment safely. I agree to comply with applicable life-jacket requirements. Children under 10 must wear a properly fitted, securely fastened, U.S. Coast Guard-approved wearable life jacket in good condition while aboard a vessel less than 18 feet long, and children under 12 operating a vessel must be under the direct visual and audible supervision of an adult age 18 or older. Nothing in this agreement removes equipment or safety obligations imposed on Killinit Kayaks Inc. by applicable law. I agree to use the rental equipment responsibly and to report any damage, defect, or unsafe condition before use or as soon as it becomes apparent. I will not knowingly use unsafe equipment. I agree that if I do not fully understand the warnings or instructions given, that I will immediately inform Killinit Kayaks Inc. employees before proceeding further.


2. I expressly agree and promise to accept and assume all the risks existing in this activity. My participation in this activity is purely voluntary, and I elect to participate despite the risks. I understand that it is my sole responsibility to consult with a physician prior to and regarding my participation. I represent that I do not have a medical condition that would prevent full participation in this activity. Should I develop a condition that prevents full participation or otherwise limits my activity, I agree to that my continued participation is my sole responsibility and choice.


3. In consideration for being allowed to participate with Killinit Kayaks Inc. and other good and valuable consideration, I hereby voluntarily release, forever discharge, and agree to indemnify and hold harmless Killinit Kayaks Inc. from any and all claims, demands, or causes of action, which are in any way connected with my participation in this activity or my use of Killinit Kayaks Inc.’s equipment or facilities, including any such Claims which allege negligent acts or omissions of Killinit Kayaks Inc. To the extent permitted by Ohio law, I agree not to sue Killinit Kayaks Inc. or its employees for my own claims released by this agreement. The release above applies to claims arising from ordinary negligence only to the extent permitted by Ohio law. It does not release claims arising from willful, wanton, reckless, or intentional misconduct, or waive any right or liability that applicable law does not permit to be waived.


4. Should Killinit Kayaks Inc. or anyone acting on their behalf be required to incur attorney’s fees and costs to enforce this agreement, I agree to indemnify and hold them harmless for all such fees and costs. Should I or my successors assert any claim in contravention to this agreement, I and my successors shall be liable for the expenses including legal fees and costs incurred by Killinit Kayaks Inc. in defending such claim, but only to the extent permitted by Ohio law. This paragraph does not require payment or indemnification for claims or conduct that applicable law does not permit to be released or indemnified.


5. I certify that I have adequate insurance to cover any injury or damage I may cause or suffer while participating, or else I agree to bear the costs of such injury or damage myself. I further certify that I have no medical or physical conditions which could interfere with my safety in this activity, or else I am willing to assume, and bear the costs of, all risks that may be created, directly or indirectly, by any such condition.


6. I understand that I may be the subject of the media publicity and promotion. In consideration for being allowed to participate and other good and valuable consideration, I agree and authorize Killinit Kayaks Inc. to exhibit, with or without advertising sponsorship, as still photographs, transparencies, motion pictures, television, video, verbal statements, voice, portrait, and pictures. I authorize my name, voice, statements, and images may be used in such promotional materials and website. I release Killinit Kayaks Inc., as well as any assignees, from any and all claims for damages for libel, slander, invasion of privacy or any other claim based on use of the above described materials. I acknowledge that Killinit Kayaks Inc. has no control over outside media use of pictures and statements taken without permission and agree to hold Killinit Kayaks Inc. harmless for such use.


7. In the event that I file a lawsuit against Killinit Kayaks Inc., I agree to do so solely in the state of Ohio, and I further agree that the substantive law of that state shall apply in that action without regard to the conflict of law rules of that state. I agree that if any portion of this agreement is found to be void or unenforceable, the remaining portions shall remain in full force and effect. By signing this document, I acknowledge that if anyone is hurt or property is damaged during my participation in this activity, I may be found by a court of law to have waived my right to maintain a lawsuit against Killinit Kayaks Inc. based on any claim from which I have released them herein. I have had sufficient opportunity to read this entire document. I have read and understood it, and I agree to be bound by its terms.