CANNON BOARD COMPANY LLC dba CANNON WATER ADVENTURES
ASSUMPTION OF RISK, RELEASE, AND INDEMNITY AGREEMENT
BEFORE SIGNING THIS ACKNOWLEDGEMENT OF RISK, WAIVER, AND RELEASE OF CLAIMS (THIS “AGREEMENT”), YOU MUST READ THIS AGREEMENT VERY CAREFULLY. IF AN ACCIDENT WERE TO OCCURE INVOLVING YOU AND/OR YOUR MINOR/WARD, YOU AND/OR YOUR MINOR/WARD (BY SIGNING THIS AGREEMENT) WOULD BE GIVING UP LEGAL RIGHTS THAT YOU AND/OR MINOR/WARD MIGHT OTHERWISE HAVE. IF YOU DO NOT UNDERSTAND ANYTHING IN THIS AGREEMENT, OR IF YOU OBJECT TO ANY PROVISION CONTAINED IN THIS AGREEMENT, YOU SHOULD NOT SIGN IT BUT SHOULD SEEK ADVICE FROM YOUR LEGAL COUNSEL.
Assumption of Risk: I understand that the Activities in which and/or my minor/ward and/or my minor/ward will engage in with CANNON WATER ADVENTURES involve inherent risks and other outside risks. Some of those risks are described in this Agreement, but they do not constitute an exhaustive list. 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 that of my minor/ward suitability to participate in the Activities. I hereby certify that I do have (or my child has) the requisite skills, qualifications, physical and mental ability, including the ability to swim, 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 activities. I further understand and agree that CANNON WATER ADVENTURES shall have no duty to warn me of or to remedy any natural or manmade risks, dangers, or hazards. and/or my minor/ward and/or my minor/ward have responsibility for my (his/her) safety and will follow instructions, make reasonable decisions, and act responsibly. CANNON WATER ADVENTURES cannot ensure my or that of my minor/ward safety and cannot eliminate all of the risks of the Activities. I choose to voluntarily participate (or allow my child to participate) in 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 and/or my minor/ward and/or my minor/ward may suffer, whether described in this document or not.
In consideration of CANNON WATER ADVENTURES providing services and facilities and allowing me and/or my minor/ward to participate in or observe the Activities, I agree to the following:
Waiver and Release: I agree to waive, relinquish, discharge, release, and covenant not to sue CANNON WATER ADVENTURES or its parent, sister, affiliated and/or subsidiary corporations and related entities, their members, owners, officers, directors, partners, employees, consultants, contractors, advisors, agents, insurers, attorneys and volunteers, from any and all rights, claims of injury, demands, causes of action, damages, liabilities or loss that I, my minor/ward, or other family member may have or that may accrue to me, my minor/ward, or other family members arising out of, connected with, or in any way associated with the Activities provided by the CANNON WATER ADVENTURES. Notwithstanding the foregoing and any other provision of this Agreement, I do not waive any rights that I may seek redress due to the reckless conduct of others or due to the conduct of others which is both intentional and wrongful.
Indemnity: For myself and for that of my minor/ward, I agree to defend, hold harmless, and indemnify CANNON WATER ADVENTURES for claims resulting from any of my negligent or reckless acts or omissions, including any attorneys’ fees and court costs. I warrant and represent that I have no medical or other condition which would prohibit me from participating in any of the Activities.
Acknowledgement of Rules and Regulations and Photo Waiver: I acknowledge reading and understanding CANNON WATER ADVENTURES Rules and Regulations (available upon request and at https://www.cannonwateradventures.com/policies) relating to the Activities, facilities of CANNON WATER ADVENTURES and equipment and agree to comply with and abide by those Rules & Regulations. CANNON WATER ADVENTURES may take and use photographs, video, film, and other images of me and/or my minor/ward 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 CANNON WATER ADVENTURES 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 minor/ward has) with CANNON WATER ADVENTURES and consent to jurisdiction in Catawba County, North Carolina. Any mediation, suit, or proceeding will be entered into only in Catawba 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.
This Agreement constitutes the entire agreement between the Parties on the issues contained in this Agreement and supersedes all prior agreements and/or memoranda. This Agreement may only be modified in writing with the written consent of both Parties. This Agreement is intended to bind only the Parties hereto, and their successors, and may not be assigned by either Party without the express written consent of the other.
By completing and submitting this form, 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 CANNON WATER ADVENTURES for any claims arising from my or that of my minor/ward 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 minor/ward is) observing or participating in the Activities and will be binding on me, my family members, heirs, assigns, executors, representatives, and estate. No one has made to me any representations statements, or inducements that change or modify anything written in this Agreement.